Virginia
Va. lawmakers leave LGBTQ students in precarious position
‘Politicizing and censoring our nation’s history’
Legislation proposed during the Virginia General Assembly’s 60-day session has angered LGBTQ activists in the state as they say it will bar self-expression in schools and uphold troublesome relics of past homophobic legislation.
A bill giving parents the power to review sexually explicit content before it is taught in the classroom was passed by both chambers of the General Assembly and is likely to be signed by Republican Gov. Glenn Youngkin.
Officially listed as SB 656, it also requires educators to provide alternatives to instructional material and related academic activities that include sexually explicit content.
The bill, spearheaded by Sen. Siobhan Dunnavant, R-Henrico, is in line with Youngkin’s 2021 gubernatorial campaign during which he promised to give parents a more involved role in determining their children’s curriculum.
“This administration has made it a priority to enact classroom censorship, politicizing and censoring our nation’s history and the lived experience of marginalized communities,” said Breanna Diaz, policy and advocacy counsel at American Civil Liberties Union of Virginia. ACLU of Virginia is a private non-profit organization that advocates for LGBTQ individuals in the commonwealth through public education, litigation, and advocacy.
“[This bill], arguably, is going to erase LGBTQ history and LGBTQ figures and movement leaders from the classroom,” she said.
Although lawmakers proposed the bill with one of the goals being to facilitate curricula lucidity between schools and parents, various local school divisions already had systems in place that kept parents aware of any controversial content that would be discussed in classes.
“Parents always get copies of the reading lists that their children are expected to go through,” said Sen. Barbara Favola, D-Arlington, in a February interview with the Virginia Mercury.
The goal of the bill, activists say, is to remove literature from the classroom that explicitly discusses race and sexuality and thwarts students’ and teachers’ ability to express their identities.
“SB 656 is duplicative and redundant and adds an additional layer of labor on educators to avoid confusion and possibly getting in trouble for doing their job and teaching everything,” said Diaz. “They might have to develop multiple curricula, or just outright remove entire books, lessons, and studies.”
The General Assembly also struck down legislation that would have given voters a chance to decide on whether to overturn a now-defunct provision in the commonwealth that bans same-sex marriage.
The Marshall-Newman Amendment — approved in 2006 — defines marriage as between a man and a woman, and anti-LGBTQ groups argued that repealing the bill would help legalize polygamy and child marriage in the state.
“It is defunct, discriminatory, bigoted, and it has no place in our constitution,” said Narissa Rahaman, executive director of Equality Virginia. “Marriage equality is the law of the land,” she said.
Gov. Youngkin has opposed marriage equality. He, however, has also stressed that it is “legally acceptable” in Virginia and he would “support that” as governor, the Washington Blade reported in January.
Activists in other states, such as Texas, are also pushing to amend parts of the constitutions that clutch onto homophobic relics of history in legislation.
These efforts have been in vain as the Texas Legislature failed to repeal a homophobic law that has been unenforceable since 2003, The Guardian reported in 2019.
“That bad example in Texas is what we’re seeing play out in Virginia,” said Diaz.
Virginia
DOJ seeks to join lawsuit against Loudoun County over trans student in locker room
Three male high school students suspended after complaining about classmate
The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.
The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.
The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.
The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”
“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”
“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.
Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.
The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.
The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”
Virginia
Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities
Voters approved Marshall-Newman Amendment in 2006
Democrats in the Virginia House of Delegates on Monday announced passage of a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman is among their 2026 legislative priorities.
State Del. Mark Sickles (D-Fairfax County) has introduced the resolution in the chamber. State Sen. Adam Ebbin (D-Alexandria) is the sponsor of an identical proposal in the state Senate.
Both men are gay.
Voters approved the Marshall-Newman Amendment in 2006.
Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin last year signed a bill that codified marriage equality in state law.
A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again this year.
Two successive legislatures must approve the resolution before it can go to the ballot.
Democrats on Election Day increased their majority in the House of Delegates. Their three statewide candidates — Gov.-elect Abigail Spanberger, Lt. Gov.-elect Ghazala Hashmi, and Attorney General-elect Jay Jones — will take office in January.
“Virginians elected the largest House Democratic Majority in nearly four decades because they trust us to fight for them and deliver real results,” said House Speaker Don Scott (D-Portsmouth) on Monday in a press release that announced his party’s legislative priorities. “These first bills honor that trust. Our agenda is focused on lowering costs, lifting wages, expanding opportunity, protecting Virginians rights, and ensuring fair representation as Donald Trump pushes Republican legislatures across the country to manipulate congressional maps for partisan gain. House Democrats are ready to meet this moment and deliver the progress Virginians expect.”
Virginia
Ghazala Hashmi names Equality Virginia executive director to transition team
Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.
Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.
State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.
“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”
“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”
Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.
Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.
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