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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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Virginia

Va. Senate approves referendum to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate on Friday by a 26-13 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3. The Senate Privileges and Elections Committee on Wednesday approved it by a 10-4 vote margin.

Same-sex couples have been able to legally marry in Virginia since 2014. Outgoing Republican Gov. Glenn Youngkin in 2024 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 in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

“It’s time for Virginia’s Constitution to reflect the law of the land and the values of today,” said Ebbin after Friday’s vote. “This amendment, if approved by voters, would affirm the dignity of all committed couples and protects marriage equality for future generations.”

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Virginia

Va. Senate committee approves resolution to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate Privileges and Elections Committee on Wednesday by a 10-4 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3.

Same-sex couples have been able to legally marry in Virginia since 2014. Republican Gov. Glenn Youngkin in 2024 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 in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

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Virginia

Mark Levine loses race to succeed Adam Ebbin in ‘firehouse’ Democratic primary

State Del. Elizabeth Bennett-Parker won with 70.6 percent of vote

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Former Va. state Del. Mark Levine (D-Alexandria)

Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) lost his race to become the Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria) in a Jan. 13 “firehouse” Democratic primary.

Levine finished in second place in the hastily called primary, receiving 807 votes or 17.4 percent. The winner in the four-candidate race, state Del. Elizabeth Bennett-Parker, who was endorsed by both Ebbin and Gov.-elect Abigail Spanberger received 3,281 votes or 70.6 percent.

Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the Spanberger administration as senior advisor at the Virginia Cannabis Control Authority.

Results of the Jan. 13 primary, which was called by Democratic Party leaders in Alexandria, Arlington, and Fairfax, show that candidates Charles Sumpter, a World Wildlife Fund director, finished in third place with 321 voters or 6.9 percent; and Amy Jackson, the former Alexandria vice mayor, finished in fourth place with 238 votes or 5.1 percent.

Bennett-Parker, who LGBTQ community advocates consider a committed LGBTQ ally, will now compete as the Democratic nominee in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state senate.

The Alexandria publication ALX Now reports that local realtor Julie Robben Linebery has been selected by the Alexandria Republican City Committee to be the GOP candidate to compete in the Jan. 10 special election. According to ALX Now, Lineberry was the only application to run in a now cancelled special party caucus type event initially called to select the GOP nominees.

It couldn’t immediately be determined if an independent or other party candidate planned to run in the special election.  

Bennett-Parker is considered the strong favorite to win the Feb. 10 special election in the heavily Democratic 39th District, where Democrat Ebbin has served as senator since 2012. 

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