Virginia
Federal lawsuit filed on behalf of Va. student blocked from girls sports team
Hanover County School Board approved refusal in 2023
The American Civil Liberties Union of Virginia on July 3 filed a federal lawsuit against the Hanover County School Board on behalf of a transgender student who was prevented from playing on a sports team consistent with their gender identity.
A press release refers to the student as “Janie Doe,” and the lawsuit notes she is 11 and is in middle school.
The lawsuit notes the school board in 2023 voted not to allow her to “participate in” the girls’ tennis team, even though the ACLU of Virginia noted “she successfully qualified during tryouts, and her parents provided documentation requested by the school board to establish her eligibility.”
The ACLU of Virginia and WilmerHale, a Washington-based law firm, filed the lawsuit in U.S. District Court for the Eastern District of Virginia in Richmond.
“School boards have a duty to protect every child’s right to a public education, but by bullying a transgender young person in its district, Hanover County Public Schools are depriving our client of opportunities every public school student should have — and running afoul of federal discrimination protections that Virginia schools are legally required to uphold,” said ACLU of Virginia Senior Transgender Attorney Wyatt Rolla.
The Biden-Harris administration earlier this year released its final Title IX rules that specifically protect discrimination against LGBTQ students based on their gender identity and sexual orientation. The new regulations are slated to take effect on Aug. 1.
Republican Virginia Attorney General Jason Miyares is among the state attorneys general who have pledged to block the new Title IX rules from taking effect.
The Virginia Department of Education in July 2023 announced the new guidelines for trans and nonbinary students for which Republican Gov. Glenn Youngkin asked.
Advocacy groups claim the guidelines, among other things would forcibly out trans and nonbinary students. Arlington County Public Schools, Fairfax County Public Schools, and Prince William County Schools are among the school districts that have refused to implement them.
The ACLU of Virginia earlier this year filed a lawsuit on behalf of a Hanover County middle school student who is not allowed to participate in a girls sports team. The group filed a second lawsuit on behalf of a York County high school student who alleges her teacher refused to call her by her “correct first name.”
“Banning trans students from playing sports consistent with their gender identity violates discrimination protections that are there to make sure public schools include all students,” said ACLU of Virginia Legal Director Eden Heilman on July 3.
“It’s a fallacy to think we have to choose between protecting girls’ sports and transgender youth, and it’s patently unlawful to prohibit trans students from competing on sports teams consistent with their gender identity — no matter how much adults with an ideological axe to grind may wish to do so,” added Heilman.
Virginia
DOJ seeks to join lawsuit against Loudoun County over trans student in locker room
Three male high school students suspended after complaining about classmate
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.”
Virginia
Repealing marriage amendment among Va. House Democrats’ 2026 legislative priorities
Voters approved Marshall-Newman Amendment in 2006
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.”
Virginia
Ghazala Hashmi names Equality Virginia executive director to transition team
Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.
Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.
State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.
“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”
“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”
Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.
Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.
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