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Judge dismisses legal challenge seeking to block DOE’s newly implemented “Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools”

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Attorney General Mark R. Herring has successfully defended the Department of Education’s “Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools” in court against legal attacks from conservative activists. Earlier this spring, two lawsuits were filed, that were eventually consolidated into one lawsuit, seeking to block the newly implemented policy. Judge J. Frederick Watson in Lynchburg Circuit Court dismissed each of the consolidated cases, following arguments from Attorney General Herring’s Office.

“Every single child who goes to school in the Commonwealth deserves a positive, safe, nurturing learning environment, without the fear of discrimination or harassment simply because of who they are,” said Attorney General Herring. “We must do all we can to ensure that transgender, nonbinary, and gender-nonconforming students feel supported and protected, and this model policy gives school divisions the roadmap to doing just that in their schools. I am incredibly proud of the work my team did defending Virginia’s model policy for transgender students, and I hope that today’s win shows young people all over the Commonwealth that they will be supported here.”

Attorney General Herring has made protecting and defending members of Virginia’s LGBTQ community a top priority during his time in office. Earlier this month, he again successfully defended the Virginia Values Act, a landmark piece of civil rights legislation that protects LGBTQ Virginians and others from discrimination, against another legal attack by conservative activists. He created the Office of Civil Rights in order to expand, enhance, and centralize his ongoing work to protect Virginians from discrimination and to secure and expand the rights of all Virginians, including combating LGBTQ and gender-based discrimination.

Attorney General Herring also successfully argued that Virginia’s ban on marriage for same-sex couples was unconstitutional and should be struck down. Additionally, he championed legislation that updated Virginia’s definition of a hate crime to include gender, sexual orientation, gender identity, and disability, and he has supported numerous federal laws and regulations that put more protections in place for LGBTQ Americans.

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