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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 children’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 child’s sex, or (c) whether their child expresses a gender that differs with their child’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 child’s health, and social and psychological development,” reads the guidelines. “Parents’ rights are affirmed by the U.S. Supreme Court that characterized a parent’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 § 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 student’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 student’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 child’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.

“All 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 administration’s continued commitment to ensure that every parent is involved in conversations regarding their child’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.”

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

“Today, 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 — policies which single out transgender and nonbinary youth in our schools,” said Narissa Rahaman, the group’s executive director. “Youngkin 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

Va. court allows conversion therapy despite law banning it

Judge in June 30 ruling cited religious freedom.

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(Image by Mehaniq/Bigstock)

In 2020, the state of Virginia had banned the practice of conversion therapy, but on Monday, a county judge ruled the ban violates the Virginia Constitution and Religious Freedom Restoration Act, allowing the therapy to start once more.

The conversion therapy ban, which can be seen in Va. Code § 54.1-2409.5 and 18VAC115-20-130.14, was overturned on June 30 as a result of two Christian counselors who argued that their — and all Virginia parents’ — constitutional right to freedom of religion had been encroached upon when the state legislature passed the ban.

A Henrico County Circuit Court judge sided with John and Janet Raymond, two Christian counselors represented by the Founding Freedoms Law Center, a conservative organization founded in 2020 following Virginia’s conversion therapy ban. Virginia’s Office of the Attorney General entered a consent decree with FFLC, saying state officials will not discipline counselors who engage in talk conversion therapy.

Conversion therapy, as the legislation described it, is considered to be “any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.” The ban’s reversal will now allow parents to subject their children to these practices to make them align better with their religion.

This decision comes despite advice and concern from many medical and pediatric organizations — including the American Psychiatric Association, American Psychological Association, American Association for Marriage and Family Therapy, and the American Counseling Association, to name a few — all of which denounce conversion therapy as dangerous and harmful to those subjected to it.

The American Medical Association, the largest and only national association that convenes more than 190 state and specialty medical societies, says that “these techniques are the assumption that any non-heterosexual, non-cisgender identities are mental disorders, and that sexual orientation and gender identity can and should be changed. This assumption is not based on medical and scientific evidence,” with attached data indicating people subjected to conversion therapy are more likely to develop “significant long-term harm” as a result of the therapy.

The AMA goes as far as to say that they outright “oppose the use of reparative or conversion therapy for sexual orientation or gender identity.”

FFLC has a clear goal of promoting — if not requiring — conservative ideology under the guise of religious freedom in the Virginia General Assembly. On their website, the FFLC argues that some progressive policies passed by the Assembly, like that of freedom from conversion therapy, are a violation of some Virginians’ “God-given foundational freedoms.”

The FFLC has argued that when conservative notions are not abided by in state law — especially when it involves “God’s design for male and female, the nuclear family, and parental rights” — that the law violates Virginians’ religious freedom.

A statement on the FFLC’s website calls gender dysphoria among children a “contagion” and upholds “faith-based insights” from counselors as equal — in the eyes of the law — to those who use medical-based insights. This, once again, is despite overwhelming medical evidence that indicates conversion therapy is harmful.

One study showed that 77 percent of those who received “sexual orientation change efforts,” or conversion therapy, experienced “significant harm.” This harm includes depression, anxiety, lowered self-esteem, and internalized homophobia. In addition, the study found that young LGBTQ adults with high levels of parental or caregiver rejection are “8.4 times more likely to report having attempted suicide,” with another study finding that “nearly 30 percent of individuals who underwent SOCE reported suicidal attempts.”

Virginia Senate Majority Leader Scott Surovell, a Democrat representing Fairfax, said that the overturning of the ban on religious merit disregards the entire concept of having professionally licensed counselors.

“I have no problem if somebody wants to go look at religious counseling from their priest or their minister, their rabbi, their imam — that’s perfectly fine,” Surovell told the Virginia Mercury. “When somebody goes to get therapy from somebody licensed by the commonwealth of Virginia, there’s a different set of rules applied. You can’t just say whatever you want because you have a license. That’s why we have professional standards, that’s why we have statutes.”

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Walkinshaw wins Democratic primary in Va. 11th Congressional District

Special election winner will succeed Gerry Connolly

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James Walkinshaw(Photo public domain)

On Saturday, Fairfax County Supervisor James Walkinshaw won the Democratic primary for the special election that will determine who will represent Virginia’s 11th Congressional District.

The special election is being held following the death of the late Congressman Gerry Connolly, who represented the district from 2008 until 2024, when he announced his retirement, and subsequently passed away from cancer in May.

Walkinshaw is not unknown to Virginia’s 11th District — he has served on the Fairfax County Board of Supervisors since 2020 and had served as Connolly’s chief of staff from 2009 to 2019. Before he passed away, Connolly had endorsed Walkinshaw to take his place, claiming that choosing Walkinshaw to be his chief of staff was “one of the best decisions I ever made.”

The Democratic nominee has run his campaign on mitigating Trump’s “dangerous” agenda of dismantling the federal bureaucracy, which in the district is a major issue as many of the district’s residents are federal employees and contractors.

“I’m honored and humbled to have earned the Democratic nomination for the district I’ve spent my career serving,” Walkinshaw said on X. “This victory was powered by neighbors, volunteers, and supporters who believe in protecting our democracy, defending our freedoms, and delivering for working families.”

In addition to protecting federal workers, Walkinshaw has a long list of progressive priorities — some of which include creating affordable housing, reducing gun violence, expanding immigrant protections, and “advancing equality for all” by adding sexual orientation and gender identity to the Fair Housing Act.

Various democratic PACs contributed more than $2 million to Walkinshaw’s ad campaigns, much of which touted his connection to Connolly.

Walkinshaw will face Republican Stewart Whitson in the special election in September, where he is the likely favorite to win.

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Spanberger touts equality, reproductive rights in Arlington

Democratic Va. gubernatorial nominee made campaign stop at Freddie’s Beach Bar

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Abigail Spanberger speaks at Freddie's Beach Bar in Arlington, Va., on June 27, 2025. (Washington Blade photo by Joe Reberkenny)

With the general election heating up and LGBTQ rights under increasing threat nationwide, Virginia gubernatorial candidate Abigail Spanberger brought her “Span Virginia Bus Tour” to Arlington’s Freddie’s Beach Bar for a campaign stop filled with cheers, policy pledges, and community spirit.

Spanberger, who served three terms in the U.S. House of Representatives from 2019 through early 2025 for Virginia’s 7th Congressional District, also served as a federal law enforcement officer specializing in narcotics and money laundering cases, and as a CIA case officer working on counterterrorism and nuclear counterproliferation.

Spanberger is running against Republican nominee Winsome Earle-Sears, the current lieutenant governor of Virginia, who said she was “morally opposed” to a bill protecting marriage equality in the commonwealth.

She was joined by other Democratic candidates and supporters: lieutenant gubernatorial candidate Ghazala Hashmi, attorney general candidate Jay Jones, Virginia state Sen. Adam Ebbin (D-Alexandria), and Congressman Don Beyer.

From left: Freddie Lutz, Abigail Spanberger, Ghazala Hashmi, and Jay Jones at Freddie’s Beach Bar on June 27, 2025. (Washington Blade photo by Joe Reberkenny)

Freddie’s was packed wall-to-wall with supporters, many of whom wore “Spanberger for Virginia” shirts in the progressive Pride flag colors. In her speech, she made it clear that LGBTQ Virginians’ rights are on the ballot this year.

“I’m so excited to be here, and I am so grateful to the entire staff of Freddy’s for letting us overtake this incredible venue that is not just an awesome place to come together in community, but is a symbol to so many people of joy, of happiness, of community and of celebrating our friends and our neighbors,” Spanberger told the packed restaurant. “It is exciting to be here, and particularly during this Pride month, and particularly as we reflect on the 10-year anniversary of Obergefell and the reality that we still have so much work to do.”

“The reality is there are so many people who still would be inclined to take us backwards,” she said. “In this moment when we see attacks on people’s rights, on people’s humanity, on Virginia, on our economy, on research, on public education, on food security, on health care, on Virginians, on their jobs, on public service and on people — it can get heavy.”

“What it does for me is it makes me want to double down, because once upon a time, when I was talking to my mother about some horror show or sequence of activities coming out of a particular administration, she did not really have the patience to listen to me and said ‘Abigail, let your rage fuel you’ — and the conversation was over. And so I reflect on that, because, in fact, every day there is so much fuel to be had in this world and in this moment.”

One of the points Spanberger continued to emphasize was the importance of steadfast state government officials following the election of President Donald Trump, which has led to rollbacks of LGBTQ and bodily autonomy rights as a result of the conservative-majority U.S. Supreme Court.

“What the past few years have shown us is that a Supreme Court decision, no matter how many years we have celebrated its existence, does not protect us in the long term. And so as governor, I will work to make sure that every protection we can put in place for the dignity, the value, and the equal rights of all Virginians is a priority.”

During her speech, Spanberger highlighted several of the key values driving her campaign — protecting reproductive freedom and human rights, lowering healthcare costs, safeguarding Virginia’s environment, and ensuring that public education is affordable, accessible, and rooted in truth, not politics.

Spanberger went as far as to say that she wants to amend the state’s constitution to remove Section 15-A. “The reality is that in Virginia, we still have a ban in our state constitution on marriage equality. It is of the utmost urgency that we move forward with our constitutional amendment.”

“We will work to ensure that that terrible constitutional amendment, that was put in years ago, is taken out and updated and ensuring that Virginia is reflective in our most essential documents of who we are as a commonwealth, which is an accepting place that celebrates the vibrancy of every single person and recognizes that all Virginians have a place, both in that constitution and in law,” she added.

Following the event, two supporters spoke to the Washington Blade about why they had come out to support Spanberger.

“I came out because I needed to show support for this ticket, because it has been a particularly rough week, but a long few years for our rights in this country, in this state, with this governor, and it’s — we need to flip it around, because queer people need protection,” said Samantha Perez, who lives in Ballston. “Trans people need protection. Trans kids need protection. And it’s not gonna happen with who’s in Richmond right now, and we just need to get it turned around.”

Samantha Perez and Annie Styles (Washington Blade photo by Joe Reberkenny)

“The whole neighborhood’s here. All our friends are here,” said Annie Styles of Pentagon City. “It means the world to me to take care of each other. That’s what a good community does. That’s not what we’ve had with the Republicans here or across the nation for a really long time. It’s time to show that care. It’s time to make sure that good people are in a position to do good things.”

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