The Virginia Supreme Court has ruled that students in the state must continue to face punishment if they discriminate against their transgender peers.
The ruling came as the court prevented a challenge to policy held by the school board which called for “gender identity” and “gender expression” to not be included under discrimination policies.
The student, who remained anonymous as Jack Doe in the lawsuit, said that the categories were not defined meaning he could be “suspended for offending a transgender peer”.
Liberty Counsel, who are notorious for supporting numerous anti-LGBT causes, backed the lawsuit.
The policy is currently protecting trans students and allowing them to use the bathroom and locker room that corresponds to their gender identity.
The high court ruled that the student’s case had no standing because he had not been punished in the way he feared he would.
The court ruled: “We are left with Jack’s bald assertion of fear of discipline without any alleged predicate facts to form the basis for such a fear.
“While we do not reach the question of what must be pled to establish an actual controversy, the injury pled here is insufficient because general distress over a general policy does not alone allege injury sufficient for standing, even in a declaratory judgment action.”
A faction was added into the ruling that stated that if the student was punished for offending another trans student then he could exercise a “private right of action” within 30 days of being punished.