LGBTQ+ student organization is allowed to move forward at King George Middle School after families sue

RICHMOND, Va. – The ACLU of Virginia and Potomac Law Group have reached a settlement with King George County School Board to once again allow noncurricular organizations to form at King George Middle School (KGMS), including a Gay Straight Alliance (GSA) that KGMS previously denied the opportunity to form.

“It should not have taken a lawsuit for the King George County School Board to do the right thing,” said ACLU-VA Staff Attorney Julia Kahn. “The First Amendment and Equal Access Act protects all students, and school boards cannot pick and choose which clubs can form just because they don’t like what a club represents. This settlement benefits all students at King George Middle School by ensuring everyone is treated equally.”

Students at KGMS followed the official process to start a GSA during the 2025-2026 school year, but the King George County School Board created roadblocks by proposing new rules to make it harder to form a club. After the ACLU of Virginia sent a letter to the school board warning that such a policy would violate federal law, the school board adopted a new policy prohibiting all “noncurricular organizations” from forming at the middle school level – effectively blocking the GSA from KGMS. Despite the policy change, the school continued allowing all other pre-existing noncurricular groups.

“The law is clear: opportunities offered by schools must be available on equal terms to all students—yet King George County School Board singled out the GSA for exclusion,” said Mary Rohmiller, partner at Potomac Law Group. “School clubs are where students build community, discover who they are, and find the courage to thrive. These students were denied just that, not because of anything they did wrong, but simply because of who they are and what they believe. That kind of discrimination has no place in our schools.”

The settlement reverses the school board’s previous policy change, and once again allows noncurricular clubs to form at the middle school level. If KGMS does not approve a proposal to form a GSA submitted under the new policy, the lawsuit can be refiled.

“As parents, nothing matters more than our child’s wellbeing, safety, health, and education, and GSA clubs support all of these,” said plaintiffs and parents of Z.J.W., Teresa Catoe and John Wheeler. “We are overjoyed that our child now has the opportunity to form a club that will make them excited to go to school, eager to participate, and determined to do their best. But it never should have fallen on our child’s shoulders to fight for the rights of students.”

Over half of LGBTQ+ students report experiencing discrimination in school, and LGBTQ-related discrimination has been linked to a lower sense of school belonging and worse mental health outcomes. But schools with GSAs see fewer reports of harassment, higher GPAs and lower absenteeism across the entire student body, benefitting all students, including those who do not participate in the GSA.

“My child just wanted to join a club — a club that followed every rule set out for it — and still, the school said no,” said plaintiff and parent of A.A.P., Susan Park. “It took a lot of courage for my child to stand up for not just themselves, but every student who deserves a place to belong. No child should have to fight this hard just to participate in school life like everyone else.”

Z.J.W. v. King George School Board was filed in the U.S. District Court for the Eastern District of Virginia and, in accordance with the settlement agreement, will be dismissed without prejudice following the School Board’s policy change.