Virginia School Wouldn’t Let Students Form a Gay Straight Alliance. Now They’re Suing.

The American Civil Liberties Union (ACLU) of Virginia and the Potomac Law Group have filed a lawsuit against King George Middle School in King George, Virginia, on behalf of two students after the school prevented the formation of a Gay Straight Alliance (GSA) but allowed other non-curricular student groups to exist.

The suit alleges that when students were in the process of creating the GSA for the 2025-2026 school year, the King George County School Board attempted to block it by making it more difficult to form clubs.

The ACLU of Virginia sent a letter to the board at the time warning that such a move would violate federal law. Instead of allowing the club to form, the board banned all “noncurricular organizations.”

However, the suit, which was filed in the U.S. District Court for the Eastern District of Virginia, states that the clubs have been able to form, including one for outdoor activities that has students “making fishing lures and skinning squirrels,” according to a press release from the ACLU of Virginia.

“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?”

School administrators had proposed the creation of groups that weren’t so directly LGBTQ+, such as the “Safe Space Group,” but students rejected those ideas.

The lawsuit seeks to require the district to allow the GSA to form and exist like the other student clubs. It also claims that school administrators changed a leadership class so that the Fellowship of Christian Athletes would then be in line with the policy.

“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?”

The ACLU said that clubs are essential for students to develop socially and become part of their school’s community. The organization points out that studies have shown how LGBTQ+ students face discrimination at school and that GSAs act as a safe space for queer students. It also cites a report showing how schools with GSAs have higher grades, lower absenteeism, and have fewer reports of harassment.

“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.”