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Hanover County schools adopt anti-transgender bathroom policy

Anti-LGBTQ Alliance Defending Freedom spearheaded rule

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Hanover Schools parents and allies of transgender students (Photo courtesy of the ACLU of Virginia)

In a closed door session the Hanover County School Board voted 5-2 to approve a policy that requires transgender students to submit a request to use school bathrooms that align with their gender identity and gives the school board the authority to approve or deny those requests.

In the policy approved Tuesday night, school staff and administrators can request a meeting with the student and their parents/guardians, and ā€œwill receive all relevant information, which may include:ā€

  • a statement from the student that, among other things, specifies their gender identity and how they have consistently, persistently and insistently expressed that identity
  • signed statements from the studentā€™s personal physician, therapist or licensed counselor verifying that the student has been diagnosed with gender dysphoria and/or that the student consistently and authentically expresses a binary gender identity
  • statements from the studentā€™s parent or guardian
  • student disciplinary or criminal records
  • information related to the privacy and safety of other students
  • any other relevant information, including documents from other interested parties

The school board voted 4-3 last March to allow the Alliance Defending Freedom, an anti-LGBTQ+ legal firm listed as a hate group by the Southern Poverty Law Center, to offer a free legal review of the school districtā€™s policy regarding equal educational opportunities.

At the time then-board chair Ola Hawkins provided the following statement:

“The school board voted last night to engage Alliance Defending Freedom for legal review of Policy 7-1.2 at no cost to HCPS. On behalf of the school board, I do not have anything further to add to this other than what was discussed and decided upon.”

According to current board chair John F. Axselle, III, the policy was an effort between the board, its attorney and counsel from the Alliance Defending Freedom. 

Virginia lawmakers passed a state law in 2020 requiring all 133 of the state’s school districts to adopt policies consistent with or more comprehensive than the Virginia Department Of Educationā€™s model policies before September 2021. In November 2021, the Hanover County School Board struck down a measure that would have made bathrooms more accessible to trans students but did approve minor changes favoring trans kids.

In a 4-3 vote not to move forward, the board shot down a measure that would allow trans students to use bathrooms and locker rooms that align with their gender identity, but did approve policy revisions that will allow for school officials to ā€œuse the name and gender consistent with the studentā€™s gender identity,ā€ upon request of the student and parent.

That decision led the ACLU of Virginia to file a lawsuit against the board on behalf of five parents of trans students.

Hanover Schools attorney Lisa Seward said a U.S. Fourth Circuit Court of Appeals decision in Grimm v. Gloucester County School Board ā€” in which Gavin Grimm, a trans man, sued the Gloucester County School Board after he was barred from using the boys restroom ā€” would protect the current policy. 

The appeals court ruled that not letting Grimm use the correct restroom was unconstitutional and violated his rights under Title IX. The U.S. Supreme Court declined to hear the case earlier this year, leaving in place that ruling. 

Earlier this month a coalition of the commonwealthā€™s leading advocacy organizations for lesbian, gay, bisexual, transgender and queer equality responded to Hanover County School Boardā€™s Policy 7-1.7 Restroom and Locker Room policy, which was approved Tuesday.

ā€œThis is not just about bathrooms or locker rooms. It’s about the right of transgender students to exist in public spaces without having to justify or explain themselves,ā€ said ACLU of Virginia Policy and Legislative Counsel Breanna Diaz. ā€œYet, the Hanover County School Boardā€™s proposed policy seeks to do just that by imposing an invasive policy that will deter youth from accessing school facilities. The school board must listen to Hanover families and oppose the proposed policy and immediately adopt a bathroom and locker room policy consistent with the Virginia Department of Educationā€™s model policies.ā€

ā€œThe rights of transgender and non-binary students in Hanover County are not up for debate,ā€ said Equality Virginia Executive Director Narissa S. Rahaman. ā€œThe Hanover County School Boardā€™s unnecessary and discriminatory policy will lead to more harm for transgender and non-binary students in Hanover public schools.”

ā€œThe Hanover County NAACP continues to advocate for the full rights of all Hanover students and teachers. Hanover has exhibited a pattern of refusing to be an inclusive community,ā€ said Hanover County NAACP President Pat Hunter-Jordan. ā€œIn the 1950’s schools were closed rather than following the law to integrate. Rather than renaming schools to avoid further harm to students of color, we had to sue them for our rights. And yet, here we are again. Rather than allow our transgender student population their full rights, Hanover schools are wasting taxpayer money, once again in the court system. We will continue to advocate until justice is served and until inclusivity and equity are a normal part of Hanover culture and tradition.ā€

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Virginia

Arlington church seeks to offer LGBTQ-affirming senior housing

Project by Clarendon Presbyterian faces opposition from residents

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Clarendon Presbyterian Church (Washington Blade photo by Lou Chibbaro, Jr.)

Leaders and members of the Clarendon Presbyterian Church, which will celebrate its 100th anniversary on April 13, have said they decided to continue to fulfill their mission of religious faith by using the land on which their church is located in the Clarendon section of Arlington, Va., to develop a new, larger church building to include LGBTQ affordable housing for seniors along with an independently run childcare center that currently operates in the church.

ā€œIn line with the churchā€™s deep history of supporting affordable housing, LGBTQ communities, and seniors, in 2021, the church relaunched a visioning process of how we might invest our most valuable physical resources, our church property, for the good of the community,ā€ church leaders said in a Feb. 9, 2024, statement describing the project.

The statement says that in 2022, the congregation voted to partner with the Arlington Partnership for Affordable Housing (APAH), a real estate development company that specializes in affordable housing projects. Through that partnership, the statement says, the two partners in June of 2023 applied to the Arlington County government for a zoning change that would allow the construction of a building that could accommodate as many as 92 residential apartments for seniors 55 or 62 and older.

Among other things, the project calls for demolishing the current church building and constructing a new, larger building that would include a smaller version of the church space for its religious services as well as space for 40 to 58 children ages two through six at the Clarendon Child Care Center, which has operated at the church for more than 60 years.

Rev. Alice Tewell, the current pastor at Clarendon Presbyterian Church, told the Washington Blade another important factor contributing to the decision to redevelop the church property is the high cost of maintaining a 100-year-old building and its aging infrastructure that was becoming less and less affordable for the churchā€™s budget. And like many churches across the country, the membership of Clarendon Presbyterian Church has declined over the years, making it no longer necessary for a worship service space as large as that in the current church building, Tewell said.

The statement describing the development plan says that without a major redevelopment project, the church could no longer afford to remain in the current building, forcing it to move to another location outside of Clarendon and possibly outside of Arlington. 

According to Rev. Tewell, the redevelopment decision came after several years of internal discussion, meetings with longtime church allies, including members of the LGBTQ community and other community groups.

ā€œAnd after all these conversations, we came to where we could serve Christ, which is part of our faith, and where we could be good neighbors in Arlington ā€“ would be to tear down our entire property and rebuild so it would include senior affordable housing as LGBT welcoming, a new church space, which we also plan to turn into a community space, and the new space for our preschool center,ā€ Tewell told the Blade.

She noted that the churchā€™s location at 1305 N. Jackson St. is walking distance to the Clarendon Metro station and many local amenities such as restaurants and retail stores, making it a convenient location for the senior residents in the redeveloped space. 

She also points out that church members have consulted with the New York-based LGBTQ seniors advocacy organization SAGE, which informed them of the great need for LGBTQ welcoming senior housing, including in Northern Virginia.

But news of the churchā€™s redevelopment project, especially reports that it would include a proposed 92-unit apartment building, prompted many nearby residents to raise strong objections and to call on the Arlington County Board, which must make a final decision on a zoning change, to deny the zoning change request.

Most of the opposition comes from residents of single-family houses, who point out that the church is located in a largely low-density residential neighborhood with just a few nearby low-rise apartment buildings. In August of 2023, a group of nearby residents created an online petition that gathered at that time more than 1,000 signatures calling for the county to turn down the church development project.

ā€œWe, the concerned residents of Arlington, Virginia, stand united in opposition to the proposed destruction of the historic, over 100-year-old, Clarendon Presbyterian Church (CPC) and the subsequent construction of a massive 6-story apartment building having 100 units within our cherished residential neighborhood,ā€ the petition states. ā€œWe believe that this development project will have serious detrimental effects on our communityā€™s character, quality of life, and historic heritage,ā€ it says.

The Arlington Partnership for Affordable Housing, or APAH, the development company working in partnership with the church, submitted an official application on June 29, 2023, for a Special General Land Use Plan Study calling for the needed zoning change for the church project with Arlington County Zoning Administrator Arlova Vonhm. APAH officials have said the initial application was the first of a multi-step process seeking final approval of the project.

Garrett Jackson, APAHā€™s Director of Resource Development and Communications, told the Blade that APAH on behalf of the church asked the Zoning Administrator to put the application on hold while the church and APAH consider revisions for the project.

ā€œWe are currently working with our architect, engineer, and construction management team to assess the feasibility of different development options while also considering feedback we have received from the county and the community,ā€ Jackson told the Blade in a March 15 email.

In a phone interview with the Blade on March 21, Jackson and APAH officials Mitchell Crispell and Brian Goggin, said the decision to put the project on hold did not come as a result of an informal message from the Zoning Administrator that the project was about to be turned down. 

ā€œSo, we were the ones that put it on hold,ā€ said Crispell, APAHā€™s Director of Real Estate Development. ā€œIt wasnā€™t the county that said no to us at all. We wanted to kind of pause for a minute and consider our options, the feasibility of different options and the development plans,ā€ he said.

Crispell noted that the decision to put the project on hold came last fall, a few months after the application was submitted in June and after strong opposition to the project surfaced by nearby residents. Crispell, Jackson, and Goggin pointed out, however, that opposition to development projects is a common phenomenon in Arlington and other jurisdictions and that ongoing dialogue between developers and concerned residents often leads to a resolution to the objections.

ā€œWe understand the back and forth that it takes to get these projects to fruition,ā€ Jackson said. ā€œSo, youā€™ve got to rest assured that this is very much a part of the very thorough process that both APAH and the county go through regularly to make sure that weā€™re getting the absolute best product in the actual building that will go up for Clarendon Presbyterian Church and for the future residents,ā€ Jackson points out.

Jackson and his two APAH colleagues said they couldnā€™t immediately predict when they will resubmit the application for the zoning change. Spokespersons for the Zoning Office, the Arlington County Board, and Arlington County Manager Mark Schwartz didnā€™t immediately respond to a request by the Blade for comment on the church project and the likelihood of the county approving the project.

Among those supporting the church project is James Fisher, a longtime Arlington LGBTQ rights advocate and longtime church member. Fisher and Arlington gay civic activists Jay Fisette, a former elected member of the Arlington Board, and longtime Arlington resident Bob Witeck, who support the project, told the Blade they believe many nearby residents also support the church development project.

Fisette and Witeck said they do not believe anti-LGBTQ bias is a significant factor, if a factor at all, in the opposition to the church project.

ā€œI personally observe this as disquiet about building a larger and taller presence in a space that abuts residential neighbors unsure of the implications or stresses that might come,ā€ Witeck said. ā€œIā€™m no Pollyanna, but really believe that with time, this change will be smoother than people fear or imagine,ā€ he said.

Fisette said the church project comes a short time after the Arlington County Board adopted an ā€œExpanded Housing Optionsā€ policy that allows for larger residential buildings in some areas originally zoned for low-density, single-family homes. This change drew objections among many residents in areas similar to where Clarendon Presbyterian church is located.

ā€œI would say the LGBTQ elements of the proposal are likely more of a plus than a minus,ā€ Fisette told the Blade. ā€œI expect 99 percent of any resistance-anxiety relates to density  and the real-feared impacts of that density,ā€ he said.

Tewell told the Blade the churchā€™s support for the LGBTQ community dates back to the 1980s, when church members voted in support of a then-controversial proposal to allow the D.C.-based Whitman-Walker Clinic, which had a Northern Virginia outreach, to use space in the church for a support group for people with HIV/AIDS and for HIV caregivers.

ā€œAnd that started changing the church to becoming a church that was very welcoming to LGBTQ people,ā€ she said, adding that the church subsequently opened its door for LGBTQ community events, some of which were organized by gay church member James Fisher. Among those using the church now is IMPACTO LGBT, a Spanish-speaking LGBT church that holds its worship services at Clarendon Presbyterian Church.

ā€œThis is how we are living out our faith in the world,ā€ Tewell said. ā€œWe worked out what does Godā€™s embodied love look like for the world? And how do we embody Godā€™s grace, justice, and love? And we really feel that it is through housing for seniors that is welcoming to LGBTQ+ people,ā€ she added. ā€œAnd to transform our church space so itā€™s better equipped to welcome the community.ā€

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Virginia

Queer Fairfax County students, allies rally against anti-transgender lawsuit

Stephen Millerā€™s America First Legal filed suit

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LGBTQ students demonstrate at Luther Jackson Middle School in Falls Church, Va., in June 2023. A rally against a lawsuit that Stephen Miller's legal group filed took place at the same school on March 21, 2024. (Washington Blade photo by Michael Key)

Queer students and allies gathered at Luther Jackson Middle School in Falls Church on Thursday to rally against what they perceive as an attack on transgender rights in Fairfax County Public Schools. 

The rally, organized in response to a lawsuit filed by a legal group associated with former Trump administration official Stephen Miller, brought together members of the LGBTQ community and supporters who vehemently opposed the legal challenge.

The lawsuit, brought forth by America First Legal, alleges FCPS’s policies violated the rights of a female, “practicing Roman Catholic” student, by purportedly ā€œallowing transgender teenage boys access to female restrooms” and enforcing what the plaintiffs described as a “radical, government-sponsored gender indoctrination and approved-speech scheme.” 

Miller’s involvement in the lawsuit underscores the divisive nature of the legal challenge, with critics accusing the plaintiffs of targeting vulnerable students and attempting to roll back progress on LGBTQ rights. FCPS’ policies, particularly Regulation 2603, which affirms the rights of trans and nonbinary students, have been lauded by many in the LGBTQ community for providing a safe and inclusive environment for all students.

Reflecting on the importance of FCPS’s policies, Moth DiNizzo, a junior at McLean High School, emphasized how they had been life-saving for many students. 

“The fact that so many of my friends and teachers respect my pronouns and my name is life-saving to me,” DiNizzo stated. “Itā€™s wonderful, and I want everyone to experience that same joy of being known and trusted.”

Laura Troung, a senior at Falls Church High School, echoed DiNizzo’s sentiments, expressing concern over the potential harm caused by the lawsuit. 

“LGBTQ students are already disproportionately facing the youth mental health crisis in addition to bullying and harassment at schools, and this is just adding salt into the wound,” Troung said.

The Pride Liberation Project, comprising more than 500 queer and allied students in Virginia, has been actively involved in advocating for LGBTQ rights at both local and state levels. Despite the legal challenges and opposition faced by the LGBTQ community, organizations like the Pride Liberation Project remain steadfast in their commitment to promoting inclusivity and equality in schools.

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Virginia

Glenn Youngkin signs bill that codifies marriage equality in Va. law

Same-sex couples have been able to marry in state since 2014

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Virginia Gov. Glenn Youngkin (R-Va.) speaks at a CNN Town Hall on March 9, 2023. (Screen capture via CNN)

Republican Virginia Gov. Glenn Youngkin on Friday signed a bill that codifies marriage rights for same-sex couples in state law.

House Bill 174, which state Del. Rozia Henson (D-Prince William County) introduced, is among the dozens of measures that Youngkin signed.

ā€œTwo years into his term, Gov. Youngkin has shown leadership and inclusivity, and has finally listened to his constituents with his signing of HB 174,” said Equality Virginia Executive Director Narissa Rahaman in a statement. “The bill passed through the General Assembly with support from both parties, at a time when more than 70 percent of Virginians support marriage equality.ā€

Voters in 2006 approved an amendment to Virginiaā€™s constitution that defines marriage as between a man and a woman.

Same-sex couples have been able to legally marry in the state since 2014.

The General Assembly in 2021 approved a resolution that seeks to repeal the marriage amendment. It must pass in two successive legislatures before it can go to the ballot.

Democrats control both houses of the General Assembly.

A Virginia Senate committee in January delayed consideration of state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the marriage amendment.

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