Virginia
D.C. schools work to boost LGBTQ support, while Va. students face new challenges
Youngkin policy proposals spark fear among trans, nonbinary youth
After Virginia Gov. Glenn Youngkin’s administration proposed changes to transgender students’ rights in September 2022, 72,000 public comments flooded in. But with no indication of when policies that restrict bathroom use and pronoun preference could be implemented, some students in Virginia public schools are afraid of losing their safe spaces at school.
“Many students have reported increased anxiety and fears related to the model policies’ ramifications,” said Abram Clear, the school programs coordinator for Side by Side, an organization working with schools across Virginia to support LGBTQ youth. “In particular, trans and nonbinary students who have found safe, affirming spaces at school have expressed concerns about being forcibly outed to their guardians.”
While some guardians openly support their student’s sexuality, other discussions about gender identity can be dismissed or misunderstood at home. If the new policies on transgender students are passed and educators are required to out students to their guardians, LGBTQ students can run a higher risk of negative mental health, as well as possible physical danger at home.
Transgender and nonbinary students also worry that these policies embolden educators who are already dismissive of their identities. Supportive educators express similar concerns as they worry they will be contractually obligated to out students or enforce measures that harm their students.
“Morally, they feel it’s imperative to continue affirming their trans and nonbinary students by using their requested names and pronouns, regardless of documentation,” said Clear. “But this would be at odds with the 2022 [Virginia Department of Education] protocols.”
Virginia’s proposed policies would require more than one million students to only use bathrooms and locker rooms associated with the sex assigned to them at birth. Students would also only be allowed to participate in sports or extracurricular activities in accordance with the same rule.
The legal name and sex of a student would also have to align with their sex at birth unless official legal documents or court orders are provided, regardless of whether a parent gives permission. This would require teachers and other school officials to only refer to a student by the pronouns associated with their sex at birth.
In one month alone, nearly one-third of LGBTQ students missed at least one day of school because they felt unsafe, according to the Gay, Lesbian, and Straight Education Network’s 2021 report. Just over 75% of LGBTQ youth also experienced in-person verbal harassment at school in the past year due to their sexual orientation, gender expression, and gender identity.
But as students in Virginia try to unpack the potential ramifications of changes to the 2022 Virginia Department of Education’s Model Policies, D.C. Public Schools (DCPS) continues to push for visible allyship in middle and high schools.
Each year, DCPS distributes a survey to middle and high school students to ask about gender identity and sexuality. Asking students to best describe their identity, DCPS uses the survey to learn about student perceptions of themselves to improve school climate and social-emotional learning.
DCPS policies on transgender and non-confirming students also advise school-based staff to be aware of student identification preferences and always use their preferred reference when speaking to or about the student.
Staff in DCPS can even become trained LGBTQ Liaisons, wherein they offer visible allyship and resources to students and families. Also tasked with developing and running a Gender and Sexuality Alliance (GSA) in their school, liaisons work to raise awareness of LGBTQ issues in their school community.
A strong GSA presence in schools offers a consistent space for LGBTQ students to discuss their experiences with peers and trusted advisers. The Duke Ellington School of the Arts, for instance, gathers weekly during lunch or advisory periods to discuss current issues and plan community-building initiatives.
With more than 60% of queer youth living in non-affirming homes, the presence of GSAs has shown to increase the academic performance of LGBTQ-identified youth, decrease bullying, and create a more inclusive school culture.
“Holding a consistent, brave space for LGBTQ+ students to gather can be transformative for a school’s environment,” Clear said. “GSA meetings may be one of the only safe spaces LGBTQ+ students have to fully express themselves and build community, which is especially crucial if they lack familial support.”
Side by Side is concentrating efforts in the greater Richmond, Va., area to connect more than 25 GSAs at middle and high schools. But GSAs aren’t run in every middle and high school in the state, so the challenge to offer affirming in-school club spaces remains a priority as the state faces potential changes to students’ rights.
“In particularly homophobic and transphobic school environments, LGBTQ+ students may not have any trusted adults to advise and sponsor the club,” Clear added. “Unfortunately, this creates a barrier in schools where student access to a GSA may be most crucial.”
GSAs in public schools are protected under the Federal Equal Access Act. However, for transgender and non-binary youth, assurance that school is a safe and affirming place for them may change.
Virginia
Va. activists preparing campaign in support of repealing marriage amendment
Referendum about ‘dignity and equal protection under the law’
Virginia voters in November will vote on whether to repeal their state’s constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Feb. 6 signed House Bill 612 into law. It facilitates a referendum for voters to approve the repeal of the 2006 Marshall-Newman Amendment. Although the U.S. Supreme Court’s Obergefell ruling extended marriage rights to same-sex couples across the country in 2014, codifying marriage equality in Virginia’s constitution would protect it in the state in case the decision is overturned.
Maryland voters in 2012 approved Question 6, which upheld the state’s marriage equality law, by a 52-48 percent margin. Same-sex marriage became legal in Maryland on Jan. 1, 2013.
LGBTQ advocacy groups and organizations that oppose marriage equality mounted political campaigns ahead of the referendum.
Equality Virginia has been involved in advancing LGBTQ rights in Virginia since 1989.
Equality Virginia is working under its 501c3 designation in conjunction with Equality Virginia Advocates, which operates under a 501c4 designation, to plan campaigns in support of repealing the Marshall-Newman Amendment.
The two main campaigns on which Equality Virginia will be focused are education and voter mobilization. Reed Williams, the group’s director of digital engagement and narrative, spoke with the Washington Blade about Equality Virginia’s plans ahead of the referendum.
Williams said an organization for a “statewide public education campaign” is currently underway. Williams told the Blade its goal will be “to ensure voters understand what this amendment does and why updating Virginia’s constitution matters for families across the commonwealth.”
The organization is also working on a “robust media and voter mobilization campaign to identify and turn out voters” to repeal Marshall-Newman Amendment. Equality Virginia plans to work with the community members to guarantee voters are getting clear and accurate information regarding the meaning of this vote and its effect on the Virginia LGBTQ community.
“We believe Virginia voters are ready to bring our constitution in line with both the law and the values of fairness and freedom that define our commonwealth,” said Equality Virginia Executive Director Narissa Rahaman. “This referendum is about ensuring loving, committed couples and their families are treated with dignity and equal protection under the law.”
The Human Rights Campaign has also worked closely with Equality Virginia.
“It’s time to get rid of outdated, unconstitutional language and ensure that same sex couples are protected in Virginia,” HRC President Kelley Robinson told the Blade in a statement.
Virginia
Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address
Gay state senator to take job in Spanberger administration
Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.
Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.
Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.
His Senate district includes Alexandria and parts of Arlington and Fairfax Counties.
“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.
“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”
Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”
Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.
In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”
Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.
“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.
“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”
He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.
The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.
In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.
Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.
“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”
Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”
“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”
And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”
Virginia
McPike wins special election for Va. House of Delegates
Gay Alexandria City Council member becomes 8th LGBTQ member of legislature
Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.
McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.
He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria).
Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.
Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.
“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20.
McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.
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