Connect with us

State News

ACLU Sues Virginia Department of Education Over Transgender Policies

Published

on

The Virginia Department of Education is facing two lawsuits over transgender student policies revised by Gov. Glenn Youngkin’s administration that prioritize parents’ rights.

On Thursday, the American Civil Liberties Union of Virginia announced that it and law firm Freshfields Bruckhaus Deringer, LLP filed two separate lawsuits on behalf of two transgender students in the counties of Hanover and York who are challenging the department’s policies that some schools across Virginia have adopted. The ACLU promotes and defends citizens’ civil liberties and rights.

In response to the Mercury’s request for comment following the announcement, Department of Education spokesperson Todd Reid said the office is unable to discuss ongoing litigation.

Wyatt Rolla, a senior transgender rights attorney with the ACLU of Virginia, said the model policies “harm the very students they’re supposed to protect” and “contradict both their legal mandate and the evidence-based best practices they’re supposed to reflect,” resulting in what Rolla described as discrimination that violates state and federal law.

“It’s a shame VDOE has put school districts between such a rock and a hard place by telling them to implement policies that could open them up to serious legal trouble,” said Rolla.

As Va. school districts split on transgender policies, state enforcement tools appear limited

The first model policies for transgender students were designed in 2021 under former Gov. Ralph Northam to provide school officials guidance on the treatment of transgender and nonbinary students and to protect the privacy and rights of these students. Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.

Some schools initially declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties. Under the Youngkin administration, the policies were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.” Virginia schools have also not fully adopted the revised policies, and state law has not changed since the policies were overhauled in 2023.

Attorney General Jason Miyares concluded last August that the model policies comply with federal and state anti-discrimination laws and that school boards must adopt policies in line with them.

ACLU and Freshfields withheld the identities of the two students referenced in the lawsuits out of safety concerns.

The York student, identified as “Jane Doe” in one of the lawsuits, claimed that at least one teacher had refused to address the student by her correct first name. The other lawsuit centers on allegations that the Hanover School Board prohibited “Lily Loe,” a middle school student, from participating on a girls’ sports team after her parents provided the requested documentation to establish her eligibility.

“When you look at the ways that VDOE’s model policies are hurting transgender and nonbinary students like our clients, it’s hard to avoid the conclusion that their authors were purposefully trying to erase gender-nonconforming students from the classroom,” Freshfields co-counsel and partner Andrew Ewaltin said in a statement. “That flouts both existing nondiscrimination law and the Virginia law that directed VDOE to develop model policies in the first place.”

According to Hanover and York circuit court records, no dates have been set in either case.

by Nathaniel Cline, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
54°
Cloudy
6:07 am8:11 pm EDT
Feels like: 54°F
Wind: 2mph NNW
Humidity: 73%
Pressure: 29.9"Hg
UV index: 0
FriSatSun
72°F / 52°F
73°F / 54°F
81°F / 52°F
Obituaries19 hours ago

Edwin Johnson Henry (1936 – 2026)

Legislative Update2 days ago

Congressman Ben Cline Highlights Budget Reform, SNAP Oversight, and Space Competition

Obituaries2 days ago

Kimberly D. Licazi Fox (1970 – 2026)

Crime/Court2 days ago

June 17th Set for Continued Hearing on Natalie Godin’s Psychological Evaluation and Supervised Conditional Release

Regional News2 days ago

US Senate GOP Wants $1 Billion for Security for Trump’s Ballroom in Immigration Bill

Local Government2 days ago

Urban Agriculture and Firearm Assembly at Town Council Work Session

Community Events2 days ago

Front Royal Programs Highlight Housing, Food, and Community Support

State News2 days ago

Virginia Joins 21 States in Opposing USPS Gun Mailing Proposal

Opinion2 days ago

Commentary: Spanberger’s Data Center Position is the Test of Her Affordability Message

State News2 days ago

Spanberger Weighs Legislation to Allow Class Action Lawsuits in Virginia Courts

Interesting Things to Know2 days ago

Electricity Doesn’t Give Second Chances on the Job Site

Legal Notices3 days ago

ORDER OF PUBLICATION: In the Circuit Court for Warren County, Virginia

Opinion3 days ago

An Open Letter of Gratitude to the Teachers in Warren County, Virginia

Local News3 days ago

John’s Dream Scores 35th Win at Shenandoah Downs, Headlining Virginia Breeder’s Aged Stakes  

Interesting Things to Know3 days ago

The Dog Who Owned the Mail

Food3 days ago

Dad’s Secret Treat for Mother’s Day: The Frittata

State News3 days ago

Governor Spanberger Signs Bill to Decriminalize Suicide

Obituaries3 days ago

Otis Sterling “Hubby” Darnell Sr. (1945 – 2026)

Interesting Things to Know4 days ago

Virginia Lit the Fuse for Independence — 250 Years Ago This Month

Business4 days ago

Made in America: Why It’s a 20-Year Project, Not a One-Year Fix

Obituaries5 days ago

Alford “A.D.” Carter III (1950 – 2026)

Chamber News5 days ago

Downtown Local Celebrates One-Year Anniversary with Community Support

Community Events5 days ago

Free Comic Book Day Brings Crowds, Creativity to Main Street in Front Royal

Local Government5 days ago

Front Royal Tax Increase Debate Deepens as Full Cost Picture Comes Into Focus

Local News5 days ago

Royal Visit Inspires Push for Annual Heritage Festival in Front Royal