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D.C. schools work to boost LGBTQ support, while Va. students face new challenges

Youngkin policy proposals spark fear among trans, nonbinary youth

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Virginia Gov. Glenn Youngkin’s administration seeks to roll back transgender students’ rights. (Washington Blade file photo by Michael Key)

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.

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Virginia

LGBTQ groups to join Spanberger inaugural parade

Virginia Pride among more than 25 orgs to march in Jan.17 event

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Abigail Spanberger is set to take the oath of office on Jan. 17. (Washington Blade file photo by Joe Reberkenny)

Virginia Gov.-Elect Abigail Spanberger’s inaugural committee announced on Jan. 2 that at least two LGBTQ organizations will be among more than 25 state-based organizations, including marching bands, that will participate in her inaugural parade on Jan. 17.

A statement released by the inaugural committee says the parade will take place immediately after Spanberger is sworn in as Virginia’s 75th governor and delivers her inaugural address in Richmond.

The statement lists the LGBTQ groups Virginia Pride and Diversity Richmond as two groups participating in the parade, although the two groups merged in 2021, with Virginia Pride becoming a project of Diversity Richmond. Among other things, Virginia Pride organizes Richmond’s annual LGBTQ Pride events.

“A display of the impressive talent and beauty of every corner of Virginia, our inaugural parade will be a celebration of all that makes our Commonwealth strong,” Spanberger said in the Jan. 2 statement. “I’m excited for attendees in the stands on Capitol Square and families watching together at home to see this incredible showing of Virginia pride,” she said.

James Millner, who serves as director of Virginia Pride, told the Washington Blade about 75 people are expected to join the Virginia Pride-Diversity Richmond contingent in the parade. He said among them will be members of other Virginia LGBTQ organizations. 

“We’re going to invite our staff, our board, our volunteers, and our community partners to join us,” Millner said. 

“We are thrilled and honored to have been invited to participate in Abigail Spanberger’s inauguration festivities,” he added. “I think this represents a marked change from the previous administration and demonstrates what she campaigned on – which is she sees the diversity of the Commonwealth as a strength that needs to be celebrated,” he said. “And we are very happy that she has invited us to represent the diversity of the commonwealth.”

Millner appeared to reflect on the sentiment of the large majority of Virginia’s LGBTQ community in its support for Democrat Spanberger over Republican Lt. Gov. Winsome Earle-Sears in the November 2025 Virginia election and the end of incumbent GOP Gov. Glenn Youngkin’s term in office on Jan. 17. 

“After what we’ve been through with the Younkin administration, especially in its treatment of LGBTQ folks, especially transgender and nonconforming folks, I think we are all breathing easy and excited about what opportunities will exist in working with Abigail Spanberger,” he told the Blade.

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DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

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.”

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Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities

Voters approved Marshall-Newman Amendment in 2006

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(Bigstock photo)

Democrats in the Virginia House of Delegates on Monday announced passage of a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman is among their 2026 legislative priorities.

State Del. Mark Sickles (D-Fairfax County) has introduced the resolution in the chamber. State Sen. Adam Ebbin (D-Alexandria) is the sponsor of an identical proposal in the state Senate.

Both men are gay.

Voters approved the Marshall-Newman Amendment in 2006.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin last year signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again this year.

Two successive legislatures must approve the resolution before it can go to the ballot.

Democrats on Election Day increased their majority in the House of Delegates. Their three statewide candidates — Gov.-elect Abigail Spanberger, Lt. Gov.-elect Ghazala Hashmi, and Attorney General-elect Jay Jones — will take office in January.

“Virginians elected the largest House Democratic Majority in nearly four decades because they trust us to fight for them and deliver real results,” said House Speaker Don Scott (D-Portsmouth) on Monday in a press release that announced his party’s legislative priorities. “These first bills honor that trust. Our agenda is focused on lowering costs, lifting wages, expanding opportunity, protecting Virginians rights, and ensuring fair representation as Donald Trump pushes Republican legislatures across the country to manipulate congressional maps for partisan gain. House Democrats are ready to meet this moment and deliver the progress Virginians expect.”

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