The York County Circuit Court this week dismissed a lawsuit against the Virginia Department of Education challenging the department’s 2023 model policies regarding the treatment of transgender students.
The lawsuit was one of two brought in February by the ACLU of Virginia on behalf of transgender students. The York County student was a high schooler at the time of the filing. The transgender girl is referred to as “Jane Doe” in the complaint because of safety concerns.
The claim stated that at least one teacher refused to use the student’s “correct first name,” but instead used only her last name. According to court documents, the school division addressed the situation by rearranging the student’s class schedule.
The court on Monday granted the state’s request to dismiss the case because of sovereign immunity, meaning the department can’t be sued except in specific circumstances outlined by law. The original complaint had pointed to waivers granted through the Virginia Administrative Process Act and the state argued that it was filed too late to be considered under the act.
Following the hearing, Wyatt Rolla, ACLU of Virginia senior transgender attorney, and Andrew Ewalt, a partner in Freshfields Bruckhaus Deringer, released the following statement: “The Virginia Department of Education didn’t want to defend its anti-trans model policies in a court of law because it knew they can’t stand up to scrutiny. Its policies harm the very students they’re supposed to protect, and they’ve already resulted in discrimination that violates state and federal law — like the discrimination our client experienced when the York County Public School system allowed her teacher to refuse to use the affirming name both the student and her mother provided.”
Gov. Glenn Youngkin’s administration has focused heavily on what it refers to as parental rights in education. The 2023 model policies require parental permission for students to go by nicknames and preferred names and pronouns that do not match their official school records. The policies also require that parents provide permission before students can receive school counseling services about gender.
Another element of the policies is that teachers, staff and other students cannot be compelled to use a person’s preferred pronouns in “any manner that would violate their constitutionally protected rights.” The policies have been controversial since their release and protesters have spoken against them at board meetings across the state, including in Virginia Beach and Newport News.
In response to Monday’s decision, Attorney General Jason Miyares’ office said he is pleased with the court’s ruling and proud to secure the win. This month, he authored an amicus brief in a Supreme Court case on parental rights. The case was brought by the group, Parents Protecting Our Children, against a Wisconsin school district seeking to stop the district from enforcing its guidance on gender identity support.
In the brief, supported by 15 other states, Miyares wrote, “The parent-child relationship is directly harmed when a school district tells ‘minor students that secrets from their parents—including an entire double life at school — are not only acceptable, but will be facilitated by the District.’ ”
Miyares adds that the case presents the opportunity for the Supreme Court to reiterate that government officials can’t interfere with parents’ rights “just because the government officials believe that they know better.”
Nour Habib, nour.habib@virginiamedia.com
