An excerpt from a long opinion by Judge Jasmine Yoon (W.D. Va.) Monday in Doe v. Albemarle County School Bd.:
Plaintiff J. Doe is a nonbinary student who attends a high school that is operated by Defendant Albemarle County School Board ("ACSB"). Doe has experienced gender dysphoria for as long as they can remember. As a result of discomfort with their biological sex and experiences being misgendered, Doe has battled significant symptoms of anxiety.
In September 2025, a Turning Point USA ("TPUSA") student club at Western Albemarle High School ("WAHS") informed the principal that they planned to host guest speaker and Defendant Victoria Cobb for an event entitled "Two Genders: One Truth." Cobb, the president of a Christian lobbying organization, has publicly opposed gender affirming efforts and denied that gender identity is immutable. After receiving community pushback, as well as demand letters advocating both for and against allowing the event, ACSB decided that the speaker event could proceed as a club meeting during the lunch hour, where student attendance was voluntary, so long as the event remained orderly and respectful. The club promoted the event with flyers throughout the school during the week leading up to the event.
Doe sued, "claiming that ACSB's decision to allow the TPUSA club to host and promote the Event constituted deliberate indifference to severe and pervasive sex-based harassment." The court rejected the claim on the facts, but concluded that allowing the event may have created a subjectively hostile educational environment:
