The Loudoun County School Board recently voted 5-4 against including "sexual orientation" and "gender identity" in the protected classifications in its anti-descrimination policy. ( Public domain image )

Earlier this week, in a 5-4 vote, the Loudoun County School Board in Virginia rejected a proposal—based on demands from the American Civil Liberties Union and LGBT activists—to add "sexual orientation" and "gender identity" to the protected characteristics listed in its equal employment policy.

Such a move is prohibited by state statute otherwise known as The Dillon Rule, which states that local nondiscrimination laws cannot be more stringent than the state law. State law does not include "sexual orientation," "gender identity" or "gender expression"—despite Gov. Terry McAuliffe's recent executive order attempting to push the issue.

Instead, the local school board voted unanimously to add a paragraph that states the district will hire its employees based on "excellence and merit," and that it "values diversity in employees and students." Liberty Counsel founder and chairman Mat Staver, who has offered legal assistance to the school board and others around the country facing similar pressure, applauded the move.

"This is good news, that the Loudoun County School Board is not caving to radical activists regarding its employment policy," he said. "Individuals should be hired according to qualifications and merit. The law already protects employees from discrimination based on race, age, biological sex and religion. The Constitution does not protect a person's choice of sexual lifestyle."

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