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Federal judge rules in favor of trans Va. student blocked from girls’ sports team

‘Janie Doe’ is 11-year-old middle schooler in Hanover County

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(Bigstock photo)

A federal judge has ruled in favor of a transgender student in Hanover County who was prevented from playing on her school’s girls’ tennis team because of her gender identity.

The American Civil Liberties Union of Virginia, which filed a lawsuit last month on behalf of the 11-year-old middle school student who is identified as “Janie Doe,” notes on its website that U.S. District Court Judge M. Hannah Lauck issued her ruling on Aug. 16.

Lauck, according to the ACLU of Virginia, found the Hanover County School Board “likely violated Title IX and the Equal Protection Clause of the U.S. Constitution” when it prevented the student from joining her school’s tennis team in 2023.

“Janie has established that the board excluded her, on the basis of sex, from participating in an education program when it denied her application to try out for (and if selected, to participate on) her school’s girls’ tennis team,” wrote Lauck.

The ACLU of Virginia notes Lauck added the school board’s actions “contravene the strong public interest in educational institutions being free of discrimination of all kinds.”

The lawsuit that the ACLU of Virginia and WilmerHale, a Washington-based law firm, filed in U.S. District Court for the Eastern District of Virginia in Richmond notes the school board voted not to allow Doe to “participate in” the girls’ tennis team, even though “she successfully qualified during tryouts, and her parents provided documentation requested by the school board to establish her eligibility.”

“At the heart of this case is an 11-year-old who loves tennis and just wants to try out with her friends for the team she already made last year,” said ACLU of Virginia Senior Transgender Rights Attorney Wyatt Rolla on Monday in a press release. “By singling out a transgender student in their district, the adults on the Hanover County School Board bullied Janie and violated nondiscrimination protections that are there to make sure public schools include all students.”

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 took effect on Aug. 1. (The U.S. Supreme Court on Aug. 16 in a 5-4 ruling said the new regulations cannot take effect in states that have challenged them in federal court.)

Republican Virginia Attorney General Jason Miyares is among the state attorneys general who pledged to block the new Title IX rules from taking effect.

“We are happy that the Supreme Court rejected the Biden-Harris administration’s attempt to narrow the district court’s ruling which prevented the administration’s Title IX rewrite from going into effect in Virginia,” said Miyares in a statement to Virginia Public Radio.

The Virginia Department of Education in July 2023 announced new guidelines for trans and nonbinary students for which Republican Gov. Glenn Youngkin asked. 

Advocacy groups maintain 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. 

“This ruling should make every school board — not just Hanover — think twice before using VDOE’s model policies to justify discrimination against its students,” said Rolla.

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Virginia

Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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Gay Republican loses race for Virginia lieutenant governor

John Reid became first out nominee for statewide office in Va.

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John Reid lost his bid for Virginia lieutenant governor. (Washington Blade photo by Michael Key)

John Reid, a gay conservative former radio talk show host in Richmond for many years, lost his race as the Republican candidate for lieutenant governor in Virginia on Tuesday, falling short of becoming the state’s first openly gay person to win a statewide office.

According to the Virginia Board of Elections, with votes counted in 129 of the state’s 133 localities, Democrat Ghazala F. Hashmi, a member of the Virginia State Senate, captured 55.45 percent of the vote, with 1,822,889 votes compared to Reid, who received 44.30 percent with 1,456,335 votes.

The election board results at 11:30 p.m. on election night also showed there were 8,391 write-in votes cast in the lieutenant governor’s race at 0.26 percent.

While Reid fell short of becoming Virginia’s first out LGBTQ statewide office holder, Hashmi broke another barrier by becoming both the state and the nation’s first Muslim woman elected to a statewide office.

The Progressive Voters Guide has reported that Hashmi supports LGBTQ rights  as part of a broader progressive agenda that includes public education, reproductive rights, and environmental justice. 

Gay longtime Virginia State Sen. Adam Ebbin (D-Alexandria) endorsed Hashmi’s candidacy and told the Washington Blade he recently took her on a campaign tour of the Del Ray section of Alexandria.

In an interview with the Blade in April, Reid responded to a question of what message he had for LGBTQ voters in Virginia.

“Well, the thing I would say to gay voters who are looking and examining the candidates, is that I was out of the closet as a gay Republican publicly in very difficult rooms where people weren’t accepting of gay men – long before Donald Trump said I don’t care about this stuff,” he said.

“So even though I’m a Republican I know some people in the LGBT community are reflexively hostile to Republicans,” he told the Blade, “I took that step in public, and I think I helped change a lot of minds within the Republican Party and within central Virginia, which continues to be pretty conservative place, by being true to who I am.”

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Jones elected next Va. AG

Former delegate to succeed Republican Jason Miyares.

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Jay Jones (Photo via Jay Jones/Facebook)

Former state Del. Jay Jones on Tuesday defeated incumbent Attorney General Jason Miyares in the state’s attorney general race.

Miyares, a Republican who was a former member of the Virginia House of Delegates, has been attorney general since 2022. Miyares lost to his Democratic challenger by a 46.8-52.8 percent margin.

Miyares in a 2023 letter to Republican Gov. Glenn Youngkin said school districts must adhere to the state’s new guidelines for transgender and nonbinary students that activists say could potentially out them. Miyares also joined other state attorneys general who challenged the Biden-Harris administration’s Title IX rules that specifically protected LGBTQ students from discrimination based on their gender identity and sexual orientation.

Youngkin and Miyares earlier this year launched an investigation into how Loudoun County Public Schools has handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The election took place weeks after screenshots of Jones texting a colleague about a scenario in which he shot former Virginia House Speaker Todd Gilbert, a Republican.

Shreya Jyotishi contributed to this article.

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