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Va. school board sued over transgender student policies

Alliance Defending Freedom filed suit against Harrisonburg schools

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(Photo courtesy of Harrisonburg City Public Schools/Facebook)

The Alliance Defending Freedom, a Christian legal advocacy group based in Scottsdale, Ariz., listed by the Southern Poverty Law Center as an anti-LGBTQ hate group for its lies and duplicitous propaganda about LGBTQ people has sued a Virginia school board over its transgender-inclusive policies.

The ADF, representing a group of six parents and teachers sued Harrisonburg City Public Schools. The lawsuit, filed in Rockingham County Circuit Court, alleges the policy violates their First Amendment rights to freedom of religion and freedom of speech.

WHSV reported the policy in question requires teachers to ask students what their preferred names and pronouns are and to utilize those from that point forward.

If a studentā€™s preferred name and pronoun differ from their biological sex at birth, the information is shared with a guidance counselor who will facilitate a conversation on gender identity with the student. However, teachers are not permitted to notify a studentā€™s parents of the request.

The policy was adopted last August after the Virginia Department of Education issued a model policy on the treatment of trans students and required all school divisions in the commonwealth to adopt similar policies.

The lawsuit claims that the HCPS policy requirements go beyond what is set in stone by the Department of Education.

Amanda Reiman Johnson, a lawyer and legal analyst at AC Reiman Law Firm in Culpeper, spoke to WHSV offering her perspectives on the suit and its implications.

ā€œThe Virginia Supreme Court has routinely upheld that parents should have the ultimate say in dictating how their child is brought up whether that is regarding their education or their own religious beliefs,ā€ she said.

ā€œOne of the key arguments in this entire case hinges on something that we saw earlier this year and in years prior regarding the COVID vaccine and what exactly does a sincere religious belief mean?ā€ she added.

ā€œNot just a closely held religious belief but a sincere religious belief. Then ultimately it might be able to tie into their defense that ā€˜hey this violates our First Amendment against our freedom of religion and our freedom of speech,ā€ said Johnson.

ā€œThe defendants are saying listen we have to adhere to these state rules that provide some type of guidance when it comes to adhering to what the students want to be called,ā€ said Reiman-Johnson.

Harrisonburg City Public Schools released the statement below in regard to the lawsuit.

ā€œOur School Board has general nondiscrimination policies within its Policy Manual and maintains a strong commitment to its inclusivity statement, all of which is available on our website. In specific student situations, the focus is always to foster a team approach that includes and supports the unique needs of the student and family on a case-by-case basis. HCPS also has systems in place to listen to and respond to employee concerns. We are dismayed that this complaint is coming to us in the form of a lawsuit in lieu of the collaborative approach we invite and take to address specific needs or concerns, an approach that we believe best serves the interests of our students, staff, and families.ā€

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Virginia

Va. Senate committee kills six anti-transgender bills

Democrats control chamber by 22-18 margin

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(Washington Blade photo by Michael Key)

The Virginia Senate Education Committee on Thursday killed six anti-transgender bills.

The committee rejected state Sen. Mark Peake (R-Lynchburg)ā€™s Senate Bill 960, state Sen. Amanda Chase (R-Colonial Heights)ā€™s Senate Bill 791 and state Sen. Bryce Reeves (R-Spotsylvania County)ā€™s Senate Bill 1203. All three measures would have banned transition-related health care for minors in Virginia.

The committee also killed state Sen. John Cosgrove (R-Chesapeake)ā€™s Senate Bill 911, Reevesā€™ Senate Bill 1186 and Peake’s Senate Bill 962.Ā The measures would have banned transgender athletes from school teams corresponding with their gender identity.

Equality Virginia in a tweet said committee members received more than 3,000 emails “in opposition” to the bills. The statewide advocacy group further noted 10 out of 12 anti-trans bills introduced during this year’s legislative session have been defeated.

“Thank you to everyone who has spoken up against these bills,” said Equality Virginia. “Virginia is remaining a better, more inclusive state because of your efforts.”

“The fight isn’t over,” added the advocacy group. “But we know Virginians will show up for trans youth, day after day.”

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Virginia

Va. rules commission objects to proposed revision of trans, nonbinary student protections

Party-line vote took place after public hearing

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(Washington Blade photo by Michael Key)

Members of the Virginia Joint Commission on Administrative Rules on Monday voted to formally object Republican Gov. Glenn Youngkin’s proposed revisions to guidelines for transgender and nonbinary students.

The Virginia Mercury reported all of the committee’s five Democratic members voted to object to Youngkin’s proposed revisions, while all four Republican committee members opted to support them. The commission will now send an objection letter to the Virginia Department of Education and the Virginia Registrar of Regulations.

Youngkin in September announced his plans to revise the guidelines that his predecessor, Democrat Ralph Northam, signed into law in 2020. The Joint Commission on Administrative Rules’ vote took place on the same day it held a hearing on the proposed policy revisions. 

Equality Virginia Executive Director Narissa Rahaman and state Del. Danica Roem (D-Manassas) are among those who testified against them. Education Secretary Aimee Guidera spoke in favor.

“The policy was submitted for public comment and we are still reviewing those comments,” said Youngkin spokesperson Macaulay Porter in an email to the Washington Blade. “The governor does not support the commissionā€™s decision.”

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Virginia

Youngkin makes additional appointments to Va. LGBTQ+ Advisory Board

Governor plans to revise transgender, nonbinary student guidelines

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Republican Virginia Gov. Glenn Youngkin (Washington Blade photo by Michael Key)

Republican Virginia Gov. Glenn Youngkin on Friday announced the appointment of three people to the Virginia LGBTQ+ Advisory Board.

Youngkin named Kerry Flynn, Jason Geske and Collin J. Hite to the board.

Casey Flores, the president of Log Cabin Republicans of Richmond, in July resigned from the board before his tenure was to begin. The resignation came amid growing criticism over a series of anti-LGBTQ and misogynist comments he made against Vice President Kamala Harris and U.S. Rep. Ted Lieu (D-Calif.), among others.

Youngkin last month announced he plans to revise the Virginia Department of Education’s guidelines for transgender and nonbinary students. Thousands of high school students across Virginia on Sept. 27 walked out of class in protest of the planned revision.

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