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New Va. guidelines stipulates parental input on transgender kids

State Department of Education released them on Friday

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(Bigstock photo)

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Students in Virginia’s Public Schools (the “2021 Model Policies,”) adopted on March 4, 2021, was effectively repealed and replaced.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.

Excepts:

[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

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Virginia

Freddie’s to hold ‘Love Fest’ Drag Story Hour after bomb threat

Arlington gay bar receives outpouring of support from community

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From left, Tara Hoot and Freddie Lutz at Freddie's Beach Bar in Arlington, Va. (Photo courtesy of Lutz)

Freddie’s Beach Bar and Restaurant, the Arlington, Va. LGBTQ establishment, has announced it is hosting a “Love Fest” celebration on Saturday, May 4 that will include a Drag Queen Story Hour brunch in response to a bomb threat that interrupted the first Drag Story Hour event it hosted four weeks earlier.

“Help us stop the hate,” a flier announcing the May 4 Love Fest event says. “Join us for our next story time brunch, dressed in your favorite Rainbow/Hippie outfit,” the flier says. “Carry your homemade signs of support.”

Freddie Lutz, Freddie’s Beach Bar owner, said a portion of the proceeds of the event will be donated to local LGBTQ charities.

Lutz has reported that separate email messages with a bomb threat were sent to the Freddie’s in the Crystal City section of Arlington, the Freddie’s Beach Bar in Rehoboth Beach, Del., and to him personally with a threat targeting his and his husband’s house located near the Freddie’s in Crystal City.

He said the first threat arrived about an hour before the April 6 Drag Story Hour was scheduled to begin, with drag queen Tara Hoot scheduled to read children’s stories to what Lutz said was a large turnout of kids with their parents and family members. After asking all patrons to exit the bar into its rear outdoor seating area and parking lot, Arlington police conducted a thorough search of the premises with a bomb sniffing dog and found no trace of a bomb.

All customers, including parents and their children, were invited back inside and the show took place as planned, with drag performer Hoot describing the event as a display of “fun and love and joy.”

Lutz has said the May 4 Love Fest event, which is scheduled to begin at 11 a.m., is intended to show the community and those responsible for bomb threats at many of the past Drag Story Hour events, that these events enjoy strong community support.

“They’re trying to scare us and intimidate us, and I just don’t think as a community we can allow that to happen,” he told WUSA 9 TV News. “It emboldens me to just carry on,” he said.

He told the Washington Blade he and his staff are honored that they have received an outpouring of support from community organizations, other nearby businesses, and government officials.

The Arlington County Board, which is the governing body of the county, voted unanimously on April 9 to approve a statement supporting Freddie’s Beach Bar and the LGBTQ community in response to the bomb threat incident.

“Arlington County and the County board unequivocally support the LGBTQ+ community,” the statement says. “Arlington County Police Department’s swift response ensured the safety of patrons and staff, and the fortitude of Freddie and drag queen Tara Hoot allowed the show to go on,” the statement continues.

“With protests, threats, and violence targeting the LGBTQ+ community – and drag shows in particular – on the rise across the country, expressions of hatred and bigotry have absolutely no place in our community, and the Arlington County Board condemns these threats of violence and attempted intimidation of our community,” it says.

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Norfolk transgender resource center vandalized

Anti-trans graffiti spraypainted onto Southeastern Transgender Resource Center’s windows

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Southeastern Transgender Resource Center (Image courtesy of the Southeastern Transgender Resource Center)

The Norfolk Police Department is investigating the vandalism of a transgender resource center’s building.

Tarena Williams, founder of the Southeastern Transgender Resource Center, told WAVY that someone spraypainted anti-trans graffiti on the windows of her organization’s offices on Sunday or Monday morning. Williams told the Hampton Roads television station that seeing the messages was like “walking into hell.”

“I opened up STRC, even the Lamina House,” she told WAVY. “I opened up that to get away from those types of words. This is a place you can come to get away from that, but to see that sprayed over the window. It’s kind of like you are walking into hell. … To be honest, I was like in shock.”

Authorities are investigating the vandalism.

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Bomb threat interrupts Drag Story Hour event at Arlington gay bar

Event resumed after police, bomb sniffing dog search of Freddie’s Beach Bar

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From left, Tara Hoot and Freddie Lutz at Freddie's Beach Bar in Arlington, Va. (Photo courtesy of Freddie Lutz)

A Drag Story Hour event hosted by the Arlington, Va. gay bar and restaurant Freddie’s Beach Bar was interrupted by a bomb threat sent by email on Saturday, April 6, requiring parents and their children attending the event to exit the bar into its rear outdoor seating area and parking lot until police and a bomb sniffing dog searched the premises and found no trace of a bomb.

Freddie Lutz, owner of Freddie’s Beach Bar, located in the Crystal City section of South Arlington, said the threatening email from an unidentified sender came during the first time he has hosted a Drag Story Hour event, which includes a drag performer reading children’s stories to children accompanied by their parents.

“We had a lot of neighborhood families with kids and babies and one grandmother in there,” Lutz told the Washington Blade. “It was a great turnout, and we had to push them all out to the back parking lot,” he said. “And they waited, which I thanked them for, until the coast was clear. And then they came back in.”

Lutz said that two protesters opposed to the drag event showed up outside Freddie’s on Saturday, at the time of the Drag Story Hour event. He said drag performer Tara Hoot, who conducted the Drag Story Hour at Freddie’s, told him before the event started that some of her previous Drag Story Hour events have been targeted with bomb threats and protesters.

“So, we were kind of prepared or I guess you could say psychologically prepared for it,” Lutz said. “And sure enough, we got an email threatening the bar and also me personally at my residence, which was a little unsettling,” he said, adding that nothing was found at his nearby South Arlington house.

In response to an inquiry from  the Blade, Arlington police released a brief statement about the incident.

‘At approximately 11:15 a.m. on April 6, police were dispatched to the report of a bomb threat emailed to a business,” the statement says. “Responding officers made contact with the occupants, conducted a sweep of the business and found no evidence of criminal activity located at the restaurant during the sweep,” it says. “The investigation into the threat is ongoing.”

Hoot, who has been conducting Drag Story Hour events in the D.C. area for more than a year, said as many as eight of her past events have been targeted by hostile protesters or bomb threats, although no bombs have ever been found at the locations where the events have taken place.  

Hoot said like protesters targeting her previous events, the two protesters at the Freddie’s event, a man and a woman, cited their religious believes as their reason for opposing the Drag Story Hour event.

“They were spewing religious hate,” Hoot told the Blade. “They were trying to shame parents for bringing their kids.”

Hoot said she includes in the performances songs of interest to children and reads from children’s books such as the Very Hungry Caterpillar, a book that talks about bravery and other positive themes. “And then I give them bubbles and rainbow ribbons and we all color together,” she said. “It’s just fun and love and joy.”

Started in San Francisco in 2015 by an organization called Drag Story Hour, the story hour events have taken place across the country in libraires, bookstores, and venues such as restaurants and bars.

“In spaces like this, kids are able to see people who defy rigid gender restrictions and imagine a world where everyone can be their authentic selves,” the organization says on its website. 

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