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Va. Department of Education releases updated guidelines for transgender, nonbinary students

Equality Virginia accuses Republican governor of targeting LGBTQ youth

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Virginia Gov. Glenn Youngkin (R-Va.) speaks at a CNN Town Hall on March 9, 2023. (Screen capture via CNN)

The Virginia Department of Education on Tuesday released its updated guidelines for transgender and nonbinary students in the state.

One section of the new guidelines states “schools shall defer to parents to make the best decisions with respect to their children.”

“Parents are in the best position to work with their children and, where appropriate, their childrenā€™s health care providers 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 childā€™s sex, or (c) whether their child expresses a gender that differs with their childā€™s sex while at school,” they read.

Another section states “schools shall keep parents informed about their children’s well-being.”

“To ensure parents are able to make the best decisions with respect to their child, school personnel shall keep parents fully informed about all matters that may be reasonably expected to be important to a parent, including, and without limitation, matters related to their childā€™s health, and social and psychological development,” reads the guidelines. “Parentsā€™ rights are affirmed by the U.S. Supreme Court that characterized a parentā€™s right to raise his or her child as ‘perhaps the oldest of the fundamental liberty interests recognized by this court.’ Troxel v. Granville, 530 U.S. 57, 65 (2000). This requirement is, of course, subject to laws that prohibit disclosure of information to parents in certain circumstances including, for example, Code of Virginia Ā§ 22.1-272.1(B) (prohibiting parental contact where student is at imminent risk of suicide related to parental abuse or neglect.)”

The guidelines further state “schools shall serve the needs of all students” and the Virginia Department of Education “is committed to working with school divisions to ensure a positive, safe and nurturing learning environment for all students.” 

“Each studentā€™s individual needs should be taken into consideration by his or her school, and divisions should develop policies that encourage schools to account for these individual needs, with due sensitivity to the needs of other students and the practical requirements of the teaching and learning environment,” reads the guidelines. “Schools should attempt to accommodate students with distinctive needs, including transgender students. A team of appropriate school staff and other caregivers should collaborate with the studentā€™s parents or with an eligible student to identify and implement such reasonable accommodations or modifications (if any), considering the resources and staff available in the school and school divisions, as well as the rights and needs of other students and of school staff.” 

The guidelines further state “single-user bathrooms and facilities should be made available in accessible areas and provided with appropriate signage, indicating accessibility for all students.” 

“To ensure that all students have access to a learning environment in which they feel comfortable and safe, where state or federal law requires schools to permit transgender students to share otherwise sex-segregated facilities (such as bathrooms or locker rooms) with students of the opposite sex, parents should be given the right to opt their child out of using such facilities, and the child should be given access to alternative facilities that promote the childā€™s privacy and safety,” reads the guidelines. “Eligible students should be given the same right to opt out.”

Republican Gov. Glenn Youngkin last September announced plans to revise the guidelines that his predecessor, Democrat Ralph Northam, signed into law in 2020. The Virginia Joint Commission on Administrative Rules late last year formally objected to Youngkin’s proposed revisions.

ā€œAll children in Virginia deserve to have a parent engaged in their life and to be treated with dignity and respect. The VDOE updated model policies reaffirm my administrationā€™s continued commitment to ensure that every parent is involved in conversations regarding their childā€™s education, upbringing and care,” said Youngkin in a statement. “Public comment, input and concerns were carefully evaluated and assessed to formulate the updated model policies. The Department of Education has delivered policies that empower parents, prohibit discrimination, create a safe and vibrant learning environment by addressing bullying incidents immediately, and protect the privacy and dignity of all students through bathroom policies, athletic procedures and student identification measures.ā€

Equality Virginia, the state’s largest LGBTQ advocacy group, on Tuesday sharply criticized the new guidelines.

ā€œToday, Gov. Youngkin and the VDOE made a dangerous, politically motivated decision to ignore the thousands of Virginians who submitted public comments in opposition to his proposed model policies ā€” policies which single out transgender and nonbinary youth in our schools,ā€ said Narissa Rahaman, the group’s executive director. ā€œYoungkin did all of this with no input from LGBTQ+ advocacy groups nor subject matter experts. Throughout the comment process, though, Virginians made it clear that LGBTQ+ youth deserve safety, respect and the opportunity to thrive.”

The new guidelines can be found here.

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Virginia

Freddieā€™s to hold ā€˜Love Festā€™ 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)

Freddieā€™s Beach Bar and Restaurant, the Arlington, Va. LGBTQ establishment, has announced it is hosting a ā€œLove Festā€ 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.

ā€œHelp us stop the hate,ā€ a flier announcing the May 4 Love Fest event says. ā€œJoin us for our next story time brunch, dressed in your favorite Rainbow/Hippie outfit,ā€ the flier says. ā€œCarry your homemade signs of support.ā€

Freddie Lutz, Freddieā€™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 Freddieā€™s in the Crystal City section of Arlington, the Freddieā€™s Beach Bar in Rehoboth Beach, Del., and to him personally with a threat targeting his and his husbandā€™s house located near the Freddieā€™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 childrenā€™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 ā€œfun and love and joy.ā€

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.

ā€œTheyā€™re trying to scare us and intimidate us, and I just donā€™t think as a community we can allow that to happen,ā€ he told WUSA 9 TV News. ā€œIt emboldens me to just carry on,ā€ 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 Freddieā€™s Beach Bar and the LGBTQ community in response to the bomb threat incident.

ā€œArlington County and the County board unequivocally support the LGBTQ+ community,ā€ the statement says. ā€œArlington County Police Departmentā€™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,ā€ the statement continues.

ā€œWith protests, threats, and violence targeting the LGBTQ+ community ā€“ and drag shows in particular ā€“ 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,ā€ 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.”

ā€œI opened up STRC, even the Lamina House,ā€ she told WAVY. ā€œI 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. Itā€™s kind of like you are walking into hell. ā€¦ To be honest, I was like in shock.ā€

Authorities are investigating the vandalism.

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Virginia

Bomb threat interrupts Drag Story Hour event at Arlington gay bar

Event resumed after police, bomb sniffing dog search of Freddieā€™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 Freddieā€™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 Freddieā€™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 childrenā€™s stories to children accompanied by their parents.

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

Lutz said that two protesters opposed to the drag event showed up outside Freddieā€™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 Freddieā€™s, told him before the event started that some of her previous Drag Story Hour events have been targeted with bomb threats and protesters.

ā€œSo, we were kind of prepared or I guess you could say psychologically prepared for it,ā€ Lutz said. ā€œAnd sure enough, we got an email threatening the bar and also me personally at my residence, which was a little unsettling,ā€ 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.

ā€˜At approximately 11:15 a.m. on April 6, police were dispatched to the report of a bomb threat emailed to a business,ā€ the statement says. ā€œResponding 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,ā€ it says. ā€œThe investigation into the threat is ongoing.ā€

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 Freddieā€™s event, a man and a woman, cited their religious believes as their reason for opposing the Drag Story Hour event.

ā€œThey were spewing religious hate,ā€ Hoot told the Blade. ā€œThey were trying to shame parents for bringing their kids.ā€

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

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.

ā€œIn 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,ā€ the organization says on its website. 

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