Virginia
learn about our work in Virginia
learn about our work in Virginia
All Cases
10 Virginia Cases
Virginia Supreme Court
Feb 2024
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The ACLU of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the ACLU, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.
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Virginia Supreme Court
Criminal Law Reform
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The ACLU of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the ACLU, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.
Feb 2024
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Virginia
Feb 2023
Vlaming v. West Point School District
In September of 2019, Peter Vlaming, a French teacher at West Point High School, refused to address a transgender boy in his class with he/him pronouns. Instead, the teacher avoided using pronouns when addressing the student, while continuing to use gendered pronouns when addressing everyone else. After several warnings, the school district told the teacher he needed to address the student with male pronouns (the same way he addressed other boys) or he would be fired. The teacher refused; the school district fired him, and Vlaming, represented by the Alliance Defending Freedom, filed a suit in state court arguing that the school district violated his free speech and free exercise rights under the Virginia Constitution and Virginia’s RFRA.
Status: Ongoing
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Virginia
LGBTQ Rights
+2 Issues
Vlaming v. West Point School District
In September of 2019, Peter Vlaming, a French teacher at West Point High School, refused to address a transgender boy in his class with he/him pronouns. Instead, the teacher avoided using pronouns when addressing the student, while continuing to use gendered pronouns when addressing everyone else. After several warnings, the school district told the teacher he needed to address the student with male pronouns (the same way he addressed other boys) or he would be fired. The teacher refused; the school district fired him, and Vlaming, represented by the Alliance Defending Freedom, filed a suit in state court arguing that the school district violated his free speech and free exercise rights under the Virginia Constitution and Virginia’s RFRA.
Feb 2023
Status: Ongoing
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Virginia
Jun 2022
Virginia Obscenity Proceedings Against Two Books
On June 22, 2022, our clients—local bookstores Prince Books, Read Books, One More Page Books, and bbgb tales for kids, as well as American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., American Library Association, Virginia Library Association, and Freedom to Read Foundation—filed motions seeking to dismiss obscenity proceedings against two books, highlighting the unconstitutional nature of the proceedings and noting that the books are not obscene as a matter of law.
Status: Ongoing
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Virginia
Free Speech
Virginia Obscenity Proceedings Against Two Books
On June 22, 2022, our clients—local bookstores Prince Books, Read Books, One More Page Books, and bbgb tales for kids, as well as American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., American Library Association, Virginia Library Association, and Freedom to Read Foundation—filed motions seeking to dismiss obscenity proceedings against two books, highlighting the unconstitutional nature of the proceedings and noting that the books are not obscene as a matter of law.
Jun 2022
Status: Ongoing
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Virginia
May 2020
League of Women Voters of Virginia v. Virginia State Board of Elections
In light of the COVID-19 outbreak, the American Civil Liberties Union and ACLU of Virginia filed a federal lawsuit on April 17, 2020, challenging Virginia’s “witness requirement.” Under Virginia law, any voter who submits an absentee ballot by mail must open the envelope containing the ballot in front of another person, fill out the ballot, and then have that other person sign the outside of the ballot envelope before it is mailed back.
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Virginia
Voting Rights
League of Women Voters of Virginia v. Virginia State Board of Elections
In light of the COVID-19 outbreak, the American Civil Liberties Union and ACLU of Virginia filed a federal lawsuit on April 17, 2020, challenging Virginia’s “witness requirement.” Under Virginia law, any voter who submits an absentee ballot by mail must open the envelope containing the ballot in front of another person, fill out the ballot, and then have that other person sign the outside of the ballot envelope before it is mailed back.
May 2020
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