In a significant move towards safeguarding the rights and interests of transgender students, the American Civil Liberties Union (ACLU) of Virginia has filed two separate lawsuits against the Virginia Department of Education (VDOE). These lawsuits are in direct response to the policies introduced by Republican Gov. Glenn Youngkin, which have rolled back certain accommodations for transgender students in schools.
The Basis of the Lawsuits
The lawsuits challenge the VDOE’s 2023 Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools. They were filed on behalf of two transgender students in York and Hanover County Circuit Courts. These students had faced discrimination at their respective schools, an issue that the ACLU argues is propagated by the new school policies.
Details of the Discrimination
The discrimination ranged from refusal by teachers to use the students’ preferred names and pronouns, to barring students from participating on sports teams that align with their gender identity. One of these students is a high schooler in the York County Public School system, referred to as ‘Jane Doe’ for safety reasons. The other student is a transgender middle schooler in Hanover County Public Schools who was prevented from joining a girls’ sports team.
What the ACLU is Demanding
The ACLU is seeking to have Youngkin’s 2023 policies vacated and for the courts to rule that school districts are not obliged to adopt them. In essence, the ACLU argues that these policies harm transgender and nonbinary students, violating both state and federal law. The policies in question include requirements for students to use restrooms and play on sports teams that correspond with their biological sex. They also necessitate parental permission for students to use preferred names and pronouns and to receive counseling services about gender.
Wider Implications
The legal challenges in Virginia are part of a wider trend of new restrictions on transgender and nonbinary students in Republican states. Proponents of these policies argue that they are designed to give parents a greater say in their children’s treatment at school. However, opponents, including the ACLU, maintain that they codify discrimination against transgender students.
The Road Ahead
These legal challenges represent the latest development in the ongoing debate over the rights of transgender students in schools. The lawsuits aim to ensure privacy, dignity, and respect for all students and parents in Virginia’s public schools. However, the ultimate outcome of these lawsuits, and the impact they might have on the future treatment of transgender students, remains to be seen.
