Virginia
New Va. guidelines stipulates parental input on transgender kids
State Department of Education released them on Friday
Virginia’s Department of Education released its new guidelines Friday that require school administrators, faculty and staff receive written permission from parents regarding embracing or recognizing a transgender student’s gender identity.
With the release, the Department of Education’s Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools (the “2021 Model Policies,”) adopted on March 4, 2021, was effectively repealed and replaced. The emphasis in Friday’s document was centered on “parental rights.” The new set of guidelines also took aim at the 2021 guidance noting:
“The 2021 Model Policies promoted a specific viewpoint aimed at achieving cultural and
social transformation in schools. The 2021 Model Policies also disregarded the rights of parents and ignored other legal and constitutional principles that significantly impact how schools educate students, including transgender students. With the publication of these 2022 Model Policies on the Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools (the “2022 Model Policies,”) the department hereby withdraws the 2021 Model Policies, which shall have no further force and effect.”
The language reflects a campaign promise by Republican Gov. Glenn Youngkin to respect parental rights in public education. LGBTQ advocates however, expressed alarm over the section reading:
“The phrase ‘transgender student’ shall mean a public school student whose parent has requested in writing, due to their child’s persistent and sincere belief that his or her gender differs with his or her sex, that their child be so identified while at school,” the guidelines read.
“Parents are in the best position to work with their children … to determine (a) what names, nicknames, and/or pronouns, if any, shall be used for their child by teachers and school staff while their child is at school, (b) whether their child engages in any counseling or social transition at school that encourages a gender that differs from their child’s sex, or (c) whether their child expresses a gender that differs with their child’s sex while at school,” the policy continues.”
A trans activist who has children enrolled in the Fairfax County School District, the state’s largest school system and who asked to not be identified, told the Washington Blade that in effect, a trans youth who is not openly out to family effectively would be forcibly outed which would cause serious harm in most cases.
The other aspect the activist noted that the guidelines effectively require school staff and faculty to misgender trans students.
[School Division] personnel shall refer to each student using only (i) the name that appears in the student’s official record, or (ii) if the student prefers, using any nickname commonly associated with the name that appears in the student’s official record.
[School Division] personnel shall refer to each student using only the pronouns appropriate to the sex appearing in the student’s official record – that is, male pronouns for a student whose legal sex is male, and female pronouns for a student whose legal sex is female.
Notwithstanding the provisions of paragraphs (2) and (3) of this section, [School Division] personnel shall refer to a student by a name other than one in the student’s official record, or by pronouns other than those appropriate to the sex appearing in the student’s official record, only if an eligible student or a student’s parent has instructed [School Division] in writing that such other name or other pronouns be used because of the student’s persistent and sincere
belief that the student’s gender differs from his or her sex.
Any written instruction from a parent or eligible student under paragraph (4) of this section shall be memorialized in the student’s official record and subject to the same retention, disclosure, and confidentiality requirements as the official record itself. The legal name and sex of a student shall not be changed, even upon the written instruction of a parent or eligible student.
Youngkin’s critics continue to accuse him of waging war on the LGBTQ community, focused especially on trans youth.
At the beginning of September at a rally in Annandale; Youngkin called for schools to out trans and gender nonconforming students to their parents and guardians, prompting a rebuke from GLSEN.
GLSEN Executive Director Melanie Willingham-Jaggers condemned the governor’s comments in an exclusive emailed statement to the Blade, writing: “It’s devastating to see politically motivated attempts to break trust between students and educators and to force educators to violate students’ privacy by outing them to guardians.”
They added, “This kind of hostile school climate puts trans youth at greater risk of harassment, mental health challenges or discrimination. Transgender and nonbinary students need respect and autonomy, not additional scrutiny and policing of their gender identity in school.”g
“What’s their name? What pronoun will they use? How are they going to express their gender? This is a decision that bureaucrats in Fairfax County believe that they should be able to make without telling parents,” Youngkin said.
Protecting students’ privacy is a core element of “A Guide for Transgender and Gender Nonconforming Students,” published by GLSEN and the American Civil Liberties Union.
Equality Virginia on Thursday announced it will track whether school boards have implemented the Virginia Department of Education’s guidelines for trans and nonbinary students.
Equality Virginia Executive Director Narissa S. Rahaman in a press release notes “almost half of Virginia’s K-12 students attend schools in divisions that have fully adopted VDOE’s model policies for the treatment of transgender students” since their issuance in 2020.
“These policies, developed in accordance with evidence-based best practices, give teachers and administrators critical tools to create safe, inclusive and learning environments for all students,” said Rahaman. “School boards in every corner of our commonwealth have a unique and urgent opportunity to protect transgender students by adopting the model policies.”
Equality Virginia in its press release further noted the School Board Policy and Meeting Tracker will “provide parents, advocates and students information on local school board meetings, potential agenda items and opportunity for public comment, and whether the school district has adopted” the guidelines.
The other issue within the new set of guidelines the activist told the Blade, is that the language almost nullifies the 4th U.S. Circuit Court of Appeals in the case of then-high school student Gavin Grimm who fought against his school policy on use of school restrooms and changing rooms.
The 4th Circuit found that the Gloucester County School District’s policies that prohibited students from using bathrooms and locker rooms that did not correspond with their “biological gender” and denied them transcripts that correspond to their gender identity was unconstitutional.
The U.S. Supreme Court in June 2021 declined to hear the case upholding the 4th Circuit ruling.
Additionally reporting by Christopher Kane and Michael K. Lavers
Virginia
Va. court allows conversion therapy despite law banning it
Judge in June 30 ruling cited religious freedom.
In 2020, the state of Virginia had banned the practice of conversion therapy, but on Monday, a county judge ruled the ban violates the Virginia Constitution and Religious Freedom Restoration Act, allowing the therapy to start once more.
The conversion therapy ban, which can be seen in Va. Code § 54.1-2409.5 and 18VAC115-20-130.14, was overturned on June 30 as a result of two Christian counselors who argued that their — and all Virginia parents’ — constitutional right to freedom of religion had been encroached upon when the state legislature passed the ban.
A Henrico County Circuit Court judge sided with John and Janet Raymond, two Christian counselors represented by the Founding Freedoms Law Center, a conservative organization founded in 2020 following Virginia’s conversion therapy ban. Virginia’s Office of the Attorney General entered a consent decree with FFLC, saying state officials will not discipline counselors who engage in talk conversion therapy.
Conversion therapy, as the legislation described it, is considered to be “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” The ban’s reversal will now allow parents to subject their children to these practices to make them align better with their religion.
This decision comes despite advice and concern from many medical and pediatric organizations — including the American Psychiatric Association, American Psychological Association, American Association for Marriage and Family Therapy, and the American Counseling Association, to name a few — all of which denounce conversion therapy as dangerous and harmful to those subjected to it.
The American Medical Association, the largest and only national association that convenes more than 190 state and specialty medical societies, says that “these techniques are the assumption that any non-heterosexual, non-cisgender identities are mental disorders, and that sexual orientation and gender identity can and should be changed. This assumption is not based on medical and scientific evidence,” with attached data indicating people subjected to conversion therapy are more likely to develop “significant long-term harm” as a result of the therapy.
The AMA goes as far as to say that they outright “oppose the use of reparative or conversion therapy for sexual orientation or gender identity.”
FFLC has a clear goal of promoting — if not requiring — conservative ideology under the guise of religious freedom in the Virginia General Assembly. On their website, the FFLC argues that some progressive policies passed by the Assembly, like that of freedom from conversion therapy, are a violation of some Virginians’ “God-given foundational freedoms.”
The FFLC has argued that when conservative notions are not abided by in state law — especially when it involves “God’s design for male and female, the nuclear family, and parental rights” — that the law violates Virginians’ religious freedom.
A statement on the FFLC’s website calls gender dysphoria among children a “contagion” and upholds “faith-based insights” from counselors as equal — in the eyes of the law — to those who use medical-based insights. This, once again, is despite overwhelming medical evidence that indicates conversion therapy is harmful.
One study showed that 77 percent of those who received “sexual orientation change efforts,” or conversion therapy, experienced “significant harm.” This harm includes depression, anxiety, lowered self-esteem, and internalized homophobia. In addition, the study found that young LGBTQ adults with high levels of parental or caregiver rejection are “8.4 times more likely to report having attempted suicide,” with another study finding that “nearly 30 percent of individuals who underwent SOCE reported suicidal attempts.”
Virginia Senate Majority Leader Scott Surovell, a Democrat representing Fairfax, said that the overturning of the ban on religious merit disregards the entire concept of having professionally licensed counselors.
“I have no problem if somebody wants to go look at religious counseling from their priest or their minister, their rabbi, their imam — that’s perfectly fine,” Surovell told the Virginia Mercury. “When somebody goes to get therapy from somebody licensed by the commonwealth of Virginia, there’s a different set of rules applied. You can’t just say whatever you want because you have a license. That’s why we have professional standards, that’s why we have statutes.”
Virginia
Walkinshaw wins Democratic primary in Va. 11th Congressional District
Special election winner will succeed Gerry Connolly
On Saturday, Fairfax County Supervisor James Walkinshaw won the Democratic primary for the special election that will determine who will represent Virginia’s 11th Congressional District.
The special election is being held following the death of the late Congressman Gerry Connolly, who represented the district from 2008 until 2024, when he announced his retirement, and subsequently passed away from cancer in May.
Walkinshaw is not unknown to Virginia’s 11th District — he has served on the Fairfax County Board of Supervisors since 2020 and had served as Connolly’s chief of staff from 2009 to 2019. Before he passed away, Connolly had endorsed Walkinshaw to take his place, claiming that choosing Walkinshaw to be his chief of staff was “one of the best decisions I ever made.”
The Democratic nominee has run his campaign on mitigating Trump’s “dangerous” agenda of dismantling the federal bureaucracy, which in the district is a major issue as many of the district’s residents are federal employees and contractors.
“I’m honored and humbled to have earned the Democratic nomination for the district I’ve spent my career serving,” Walkinshaw said on X. “This victory was powered by neighbors, volunteers, and supporters who believe in protecting our democracy, defending our freedoms, and delivering for working families.”
In addition to protecting federal workers, Walkinshaw has a long list of progressive priorities — some of which include creating affordable housing, reducing gun violence, expanding immigrant protections, and “advancing equality for all” by adding sexual orientation and gender identity to the Fair Housing Act.
Various democratic PACs contributed more than $2 million to Walkinshaw’s ad campaigns, much of which touted his connection to Connolly.
Walkinshaw will face Republican Stewart Whitson in the special election in September, where he is the likely favorite to win.
Virginia
Spanberger touts equality, reproductive rights in Arlington
Democratic Va. gubernatorial nominee made campaign stop at Freddie’s Beach Bar
With the general election heating up and LGBTQ rights under increasing threat nationwide, Virginia gubernatorial candidate Abigail Spanberger brought her “Span Virginia Bus Tour” to Arlington’s Freddie’s Beach Bar for a campaign stop filled with cheers, policy pledges, and community spirit.
Spanberger, who served three terms in the U.S. House of Representatives from 2019 through early 2025 for Virginia’s 7th Congressional District, also served as a federal law enforcement officer specializing in narcotics and money laundering cases, and as a CIA case officer working on counterterrorism and nuclear counterproliferation.
Spanberger is running against Republican nominee Winsome Earle-Sears, the current lieutenant governor of Virginia, who said she was “morally opposed” to a bill protecting marriage equality in the commonwealth.
She was joined by other Democratic candidates and supporters: lieutenant gubernatorial candidate Ghazala Hashmi, attorney general candidate Jay Jones, Virginia state Sen. Adam Ebbin (D-Alexandria), and Congressman Don Beyer.
Freddie’s was packed wall-to-wall with supporters, many of whom wore “Spanberger for Virginia” shirts in the progressive Pride flag colors. In her speech, she made it clear that LGBTQ Virginians’ rights are on the ballot this year.
“I’m so excited to be here, and I am so grateful to the entire staff of Freddy’s for letting us overtake this incredible venue that is not just an awesome place to come together in community, but is a symbol to so many people of joy, of happiness, of community and of celebrating our friends and our neighbors,” Spanberger told the packed restaurant. “It is exciting to be here, and particularly during this Pride month, and particularly as we reflect on the 10-year anniversary of Obergefell and the reality that we still have so much work to do.”
“The reality is there are so many people who still would be inclined to take us backwards,” she said. “In this moment when we see attacks on people’s rights, on people’s humanity, on Virginia, on our economy, on research, on public education, on food security, on health care, on Virginians, on their jobs, on public service and on people — it can get heavy.”
“What it does for me is it makes me want to double down, because once upon a time, when I was talking to my mother about some horror show or sequence of activities coming out of a particular administration, she did not really have the patience to listen to me and said ‘Abigail, let your rage fuel you’ — and the conversation was over. And so I reflect on that, because, in fact, every day there is so much fuel to be had in this world and in this moment.”
One of the points Spanberger continued to emphasize was the importance of steadfast state government officials following the election of President Donald Trump, which has led to rollbacks of LGBTQ and bodily autonomy rights as a result of the conservative-majority U.S. Supreme Court.
“What the past few years have shown us is that a Supreme Court decision, no matter how many years we have celebrated its existence, does not protect us in the long term. And so as governor, I will work to make sure that every protection we can put in place for the dignity, the value, and the equal rights of all Virginians is a priority.”
During her speech, Spanberger highlighted several of the key values driving her campaign — protecting reproductive freedom and human rights, lowering healthcare costs, safeguarding Virginia’s environment, and ensuring that public education is affordable, accessible, and rooted in truth, not politics.
Spanberger went as far as to say that she wants to amend the state’s constitution to remove Section 15-A. “The reality is that in Virginia, we still have a ban in our state constitution on marriage equality. It is of the utmost urgency that we move forward with our constitutional amendment.”
“We will work to ensure that that terrible constitutional amendment, that was put in years ago, is taken out and updated and ensuring that Virginia is reflective in our most essential documents of who we are as a commonwealth, which is an accepting place that celebrates the vibrancy of every single person and recognizes that all Virginians have a place, both in that constitution and in law,” she added.
Following the event, two supporters spoke to the Washington Blade about why they had come out to support Spanberger.
“I came out because I needed to show support for this ticket, because it has been a particularly rough week, but a long few years for our rights in this country, in this state, with this governor, and it’s — we need to flip it around, because queer people need protection,” said Samantha Perez, who lives in Ballston. “Trans people need protection. Trans kids need protection. And it’s not gonna happen with who’s in Richmond right now, and we just need to get it turned around.”
“The whole neighborhood’s here. All our friends are here,” said Annie Styles of Pentagon City. “It means the world to me to take care of each other. That’s what a good community does. That’s not what we’ve had with the Republicans here or across the nation for a really long time. It’s time to show that care. It’s time to make sure that good people are in a position to do good things.”
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