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Students in Virginia’s Public Schools (the “2021 Model Policies,”) adopted on March 4, 2021, was effectively repealed and replaced.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. officials investigate Loudoun County schools over trans student in locker room
Boys’ complaints prompted LCPS to investigate them for Title IX violations
Governor Glenn Youngkin and Attorney General Jason Miyares on Tuesday announced they have launched an investigation into how Loudoun County Public Schools has handled the case of three male high school students who complained about a transgender student in a boys’ locker room.
One of the boys’ fathers told WJLA that Loudoun County public schools launched an investigation into whether his son and the two other boys sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.
“He was questioning why there was a female in the males’ locker room,” the father told WJLA. “And other boys were uncomfortable [with a female in the boys’ locker room].”
“There were other boys asking the same question,” he added. “They [LCPS] created a very uncomfortable situation. They’re young, they’re 15 years old. They’re expressing their opinions, and now they’re being targeted for expressing those opinions.”
WJLA notes Loudoun County public schools allows students to use bathrooms and locker rooms based on their gender identity. The father who spoke with WJLA said Loudoun County public schools should reverse the policy and dismiss the Title IX complaint it has brought against his son and the two other boys.
The Richmond-based Founding Freedoms Law Center is representing the boys and their families.
“It’s deeply concerning to read reports of yet another incident in Loudoun County schools where members of the opposite sex are violating the privacy of students in locker rooms,” said Youngkin in a statement that announced the investigation. “Even more alarming, the victims of this violation are the ones being investigated — this is beyond belief. I’ve asked Attorney General Miyares to investigate this situation immediately so that every student’s privacy, dignity, and safety are upheld.”
“Students who express legitimate concerns about sharing locker rooms with individuals of the opposite biological sex should not be subjected to harassment or discrimination claims,” added the Republican.
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
Va. LG opposed marriage equality affirmation bill in handwritten note
Winsome Earle-Sears constitutionally required to sign HB 174 as Senate president
Virginia Lt. Gov. Winsome Earle-Sears last year in a handwritten note indicated her opposition to marriage rights for same-sex couples when she signed a bill that affirmed marriage equality in the state.
Brandon Jarvis of Virginia Scope on May 1 published Earle-Sears’s note on House Bill 174, which state Del. Rozia Henson, a Prince William County Democrat who is gay, introduced.
The Virginia Senate passed HB 174 by a 22-17 vote margin, and the state constitution required Earle-Sears to sign it as the chamber’s president. Republican Gov. Glenn Youngkin signed the measure into law after it received bipartisan support.
“As the lieutenant governor, I recognize and respect my constitutional obligation to adhere to procedures set out in the constitution of Virginia,” wrote Earle-Sears in her note. “However, I remain morally opposed to the content of HB 174 as passed by the General Assembly.”
Earle-Sears, a former U.S. Marine who served in the Virginia House of Delegates from 2002-2004, in 2021 became the first woman elected Virginia’s lieutenant governor. Activists have criticized her for her opposition to LGBTQ rights in Virginia.
She sparked controversy last year when she misgendered state Sen. Danica Roem (D-Manassas), who is transgender, on the Senate floor. Earle-Sears has also spoken at the Conservative Political Action Conference.
Earle-Sears is running to succeed Youngkin as governor once his term ends in January 2026. She will likely face former U.S. Rep. Abigail Spanberger, a Democrat who previously represented Virginia’s 7th Congressional District.
John Reid, a conservative talk show host who is openly gay, last month secured the Republican nomination to succeed Earle-Sears as lieutenant governor. Youngkin has called for Reid to end his campaign amid reports that he posted “pornographic content” on social media.
Reid has strongly denied the reports.
Virginia
Youngkin calls on gay Va. GOP LG candidate to exit race over alleged ‘porn’ scandal
John Reid denounces ‘fabricated internet lie’ as anti-gay smear campaign
Less than a week after John Reid, the conservative gay radio talk show host from Richmond secured the Republican nomination for the office of lieutenant governor in Virginia, sensational allegations have surfaced, which he strongly denies, that he allegedly posted pornographic photos on social media.
According to the Virginia Mercury newspaper, the allegations surfaced when Virginia Gov. Glenn Youngkin’s office released a statement saying Youngkin contacted Reid on Friday, April 25, and asked him to withdraw his candidacy over reports that a social media account with Reid’s username included “pornographic content” that was “shared” with others.
“The governor was made aware late Thursday of the disturbing online content,” the Virginia Mercury quotes a Youngkin spokesperson as saying. “Friday morning, in a call with Mr. Reid, the governor asked him to step down as the lt. governor nominee,” the spokesperson is quoted as saying.
Reid responded to the allegations in an early Friday evening video he posted on his campaign’s Facebook page, calling the allegations “a totally fabricated internet lie” motivated by anti-gay bias.
“I can tell you that’s not my account and anyone on the internet can open accounts with the same or similar names as other people,” he stated in his video. “It’s predictable,” he added.
“But what I didn’t expect was the governor I have always supported to call and demand my resignation without even showing me the supposed evidence or offering me a chance to respond,” Reid states in his video.
He said he will not drop out of the lieutenant governor’s race and called the allegations against him just the latest in what he said was an ongoing effort by some in the Republican Party, especially conservative Christians, to force him out of politics.
“Let’s be honest,” he said. “it’s because I’m openly gay. And I have never backed down to the establishment, and will not,” he continued in his video message. “What happened today is another coordinated assassination attempt against me to force the first openly gay candidate off of a Virginia statewide ticket.”
Reid added, “It’s shameful, and I won’t back down, even though I know the plan is for the attacks to continue in this overt effort to make me toxic.”
Reid secured the GOP nomination for lieutenant governor last week after his only rival in the Republican primary, Fairfax County Supervisor Pat Herrity, dropped out of the race for health reasons.
By securing the nomination Reid became the first known openly gay candidate, Republican or Democrat, to be nominated for a statewide office in Virginia.
In an interview with the Washington Blade earlier this week Reid pointed out that he came out as gay in 1996 or 1997 on National Coming Out Day in his role as TV news anchor in Richmond, where he worked for 10 years.
Following that, Reid worked as a radio talk show host for the next eight years, promoting his ideas as a gay conservative Republican, up until shortly before he announced his candidacy for lieutenant governor, he told the Blade.
Reid’s video responding to the accusations against him can be accessed here.
Reid’s campaign website and statements he has released to the media acknowledge his status as a gay candidate but point out he has a long record of support for conservative Republican positions on a wide range of issues that are against the positions of most mainline LGBTQ rights organizations.
“I’m not a diversity hire,” he stated in a press release issued at the time he announced his candidacy in January. “I’m the most conservative and proven candidate running, and I’ve boldly stood up for our beliefs in a way that should make my personal life a total nonissue,” he stated.
A statement on his campaign website states “John is uniquely positioned to take the fight to the radical progressives head on as he continues his fight against boys in girls’ sports and the extreme trans agenda being forced upon our children.”
His campaign website statement on transgender issues concludes by saying, “And we must be blatant in saying that it is factually impossible for biological men or women to personally decide to change their gender. John believes in the right for grown adults to live their lives as they see fit, but not if they impose restrictions and obligations on others and not if any of their behavior sexualizes or grooms children.
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