A federal judge on Friday rejected lawsuits by Fairfax County and Arlington County school boards over their transgender bathroom use policies, saying their challenge to losing federal grant money belongs in claims court instead.

Judge Rossie Alston Jr., a Trump appointee to the court in Virginia, refused to issue an injunction or restraining order.

He said the counties’ policies, which allow transgender public school students to access bathrooms of their choosing, are legal under standing appeals court precedent governing the state. But, he said, since the counties are suing over grant money, the case must go to the Court of Federal Claims instead.

“Under controlling Supreme Court and Fourth Circuit precedent, this court lacks subject matter jurisdiction,” he said.

The federal Education Department placed the Fairfax County and Arlington County schools on its ‘high-risk payment” list last month, along with public schools in Loudon County, Prince William County and Alexandria City.

The department ruled the five jurisdictions in violation of federal civil rights sex discrimination policy because they allow students to use opposite-sex “intimate facilities.” The feds had given the jurisdictions a deadline to change, but they all refused, citing the standing precedent from the 4th U.S. Circuit Court of Appeals, which ruled such bathroom policies legal.

Education Secretary Linda McMahon said the school districts prioritized “woke gender policy” over federal law.

Being placed on the list meant the jurisdictions must seek reimbursement from the government rather than be able to automatically draw down more than $50 million in grant money.

Fairfax and Arlington had asked the judge to order the Education Department to “immediately pay” the money.

Judge Alston said that sort of demand made it a case for the claims court.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.