Families sue King George County School Board for blocking LGBTQ+ student organization in violation of the First Amendment

RICHMOND, Va. – Today the ACLU of Virginia and Potomac Law Group filed a federal lawsuit on behalf of two students who were denied the opportunity to form a Gay Straight Alliance (GSA) at King George Middle School (KGMS) even as other noncurricular student groups were allowed to operate.

“King George County Schools cannot move the goalposts to prevent an organization that promotes respect and equality for LGBTQ+ students from existing just because school board members disagree with its message,” said ACLU-VA Staff Attorney Julia Kahn. “The First Amendment and Equal Access Act protect all students, and the school board cannot pick and choose who the rules apply to. Why this club, and not others?”

When students at KGMS followed the official process to start a student club during the 2025-2026 school year, the King George County School Board tried to block the GSA 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 banning all “noncurricular organizations” from forming at the middle school level – effectively barring the GSA from KGMS.

Yet despite the policy’s passage, King George County Schools have continued to allow multiple noncurricular student groups to operate at the middle school level, including an outdoor club that has students making fishing lures and skinning squirrels. In fact, KGMS has attempted to define “curricular” to encompass every single club but the GSA club.

“Student clubs help students build community, find belonging, and thrive, and when schools offer those opportunities, the law requires that they be available on equal terms to all students,” said Mary Rohmiller, partner at Potomac Law Group. “But King George County Schools appears to be applying a double standard to the GSA at its middle schools. The students at the heart of this case are not asking for special treatment – they're asking for equal treatment.”

Arbitrarily restricting clubs robs all students of crucial opportunities to build connections, make friends, and become more involved in their school community. At a time when over half of LGBTQ+ students report experiencing discrimination in school, the presence of clubs like GSAs is more important than ever. 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.

“There’s nothing more important to us than our child’s wellbeing, safety, health, and education, and GSA clubs have positive impacts on every one of those,” said plaintiffs and parents of Z.J.W., Teresa Catoe and John Wheeler. “If a club gets students excited about school and makes them want to participate and do their best, then we want that club to exist, and that's why we gave our permission for our child to participate. Why wouldn’t the school board want to offer kids the opportunity to join groups where they feel included and supported rather than singled out?”

School boards must follow the law and provide a safe and welcoming space for all students. But too often, boards have responded to political pressures by targeting programs and clubs that serve marginalized communities. Allowing a school club centered around community, affirmation, and acceptance to operate does not harm anyone – but blocking it because it does not align with some school board members’ views does.

“I’m not interested in the culture wars fueling the King George County School Board’s decision – I'm interested in what’s best for my child,” said plaintiff and parent of A.A.P., Susan Park. “And what’s best for my child is to feel valued and supported at school by participating in a club that follows every rule set out for it. I would expect the school board to be just as interested in that as I am.”

Z.J.W. v. King George School Board was filed in the U.S. District Court for the Eastern District of Virginia, and asks the court to issue forthcoming preliminary and permanent injunctions requiring the district to allow the GSA to form and operate on the same terms as other student organizations, as well as to prohibit the district from enforcing club policies that discriminate against student groups based on their viewpoint or retaliating against anyone who supported the GSA club.