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Virginia school district to pay $1.3 million to resolve Trans bathroom case

“Rather than allow equal access to a safe school environment, they decided to fight for 5 years in a costly legal battle that they lost.”

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Gavin Grimm (Photo courtesy of GLAAD)

RICHMOND – A Virginia school district will pay more than $1.3 million in legal fees to resolve the case of Gavin Grimm, former high school student who challenged its bathroom policy.

The American Civil Liberties Union on Thursday announced in a press release the Gloucester County School Board in a court filing said it would not challenge Grimm’s request to pay the fees and other costs associated with his case.

Grimm was a sophomore at Gloucester County High School in 2015 when he filed a federal lawsuit against the Gloucester County School District’s policy that prohibited students from using bathrooms and locker rooms that did not correspond with their “biological gender.”

“We are glad that this long litigation is finally over and that Gavin has been fully vindicated by the courts, but it should not have taken over six years of expensive litigation to get to this point,” said Josh Block, senior staff attorney with the ACLU LGBTQ & HIV Project. “After a year in which state legislatures have introduced an unprecedented number of bills targeting trans youth, we hope that the fee award will give other school boards and lawmakers pause before they use discrimination to score political points.”

Lower courts ruled the policy violated Title IX of the Education Amendments of 1972. The U.S. Supreme Court in June declined to consider the case.

“Rather than allow a child equal access to a safe school environment, the Gloucester School Board decided to fight this child for five years in a costly legal battle that they lost,” said Grimm in the ACLU press release. “I hope that this outcome sends a strong message to other school systems, that discrimination is an expensive losing battle.”

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Loudoun County School District removes LGBTQ book from libraries

Critics in school systems throughout the country have said its sexually explicit content is not suitable for school libraries

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Loudoun County Public Schools Administrative offices, Ashburn, VA (Photo Credit: LCPS)

ASHBURN, Va. – A Loudoun County, Va., School Board committee on Jan. 13 voted to uphold a decision by Loudoun County Public Schools Superintendent Scott A. Ziegler to remove from the school system’s high school libraries a controversial LGBTQ-themed book called “Gender Queer: A Memoir.”

The book is an illustrated autobiography by non-binary author Maia Kobabe that contains descriptions and comic book style drawings of sexual acts that e uses to tell the story of eir journey and struggle in discovering eir gender identity.

Although the book has received an American Library Association award for its relevance to young adults, critics in school systems throughout the country have said its sexually explicit content is not suitable for school libraries.  

The action by the School Board committee came after Ziegler asked a separate school system committee to review the book to determine if its content was appropriate for school libraries. Loudoun Public Schools spokesperson Wayde Byard told the Washington Post the committee, in a split vote, recommended that the book be retained in high school libraries.

According to Byard, Ziegler overruled the committee’s recommendation and ordered that the book be removed from the libraries. Byard said that decision was then appealed to a School Board appeals committee, which voted 3-0 to uphold Ziegler’s decision.

The decision by Ziegler to remove the book from school libraries took place about two months after Fairfax County, Va., Public Schools officials decided to return “Gender Queer” and another LGBTQ-themed book called “Lawn Boy” to their high school libraries after temporarily pulling the two books in response to complaints by some parents and conservative activists.

Two committees appointed by Fairfax school officials to review the two books that consisted of educators, school officials, parents, and students concluded that, while the books contained sexually explicit content, it did not cross the line as pornography or depictions of pedophilia as some opponents claimed.

“The decision reaffirms Fairfax County Public Schools’ ongoing commitment to provide diverse reading materials that reflect our student population, allowing every child an opportunity to see themselves reflected in literary characters,” a statement released by Fairfax school officials explaining their decision to retain the two books in their libraries said.

“Both reviews concluded that the books were valuable in their potential to reach marginalized youth who may struggle to find relatable literary characters that reflect their personal journey,” the statement says.

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Virginia lawmaker introduces anti-Trans bathroom legislation

Democrats still have a 21-19 majority in the state Senate, and they have signaled they will oppose any effort to curtail LGBTQ rights

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Virginia State Capitol building (Blade file photo by Michael Key)

RICHMOND – A Virginia lawmaker has introduced a bill that would restrict the ability of transgender students and school board employees to use bathrooms and other facilities in public schools that are consistent with their gender identity.

House Bill 1126, which state Delegate John Avoli (R-Stanton) introduced, would require “each school board to adopt policies to require each student and school board employee to have access to restrooms, locker rooms and other changing facilities in public school buildings that are shared only by members of the same biological sex; lodging accommodations during school-sponsored trips that are shared only by members of the same biological sex; and a single-user restroom, locker room, or other changing facility in a public school building, upon request, if the school can reasonably accommodate such a request.”

Avoli introduced HB 1126 on Jan. 12 on the same day the Virginia General Assembly’s 2022 legislative session began with Republicans in control of the House of Delegates. Republican Gov. Glenn Youngkin took office on Jan. 15.

State Sen. Travis Hackworth (R-Tazewell County) last month introduced Senate Bill 20, which would eliminate the requirement that school districts must implement the Department of Education’s trans and non-binary student guidelines. State Del. Danica Roem (D-Manassas), who in 2018 became the first openly trans person seated in any state legislature in the U.S., told the Washington Blade last week that she expects SB 20 “would be dead on arrival” in committee.

Equality Virginia, a statewide LGBTQ rights group, on its website notes HB 1126 is among the bills that it opposes.

Democrats still have a 21-19 majority in the state Senate, and they have signaled they will oppose any effort to curtail LGBTQ rights in Virginia. Outgoing Equality Virginia Executive Director Vee Lamneck last week said their organization “will work with the Senate’s pro-equality majority to act as a crucial back stop against harmful legislation and efforts to roll back our hard-earned wins passed during the last two years.”

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Glenn Youngkin sworn in as 74th governor of Virginia

The newly sworn-in Republican Governor backed a Loudoun County teacher who opposed trans student guidelines

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Republican Virginia Gov. Glenn Youngkin being sworn into office (Blade screenshot via YouTube Live coverage)

RICHMOND – Republican Virginia Gov. Glenn Youngkin took office on Saturday amid concerns that he will seek to curtail LGBTQ rights in the state.

“Today we gather not as individuals, not as Republicans and Democrats,” said Youngkin after his swearing in. “Today we gather as Virginians.”

Former Gov. Ralph Northam and U.S. Sen. Tim Kaine (D-Va.) are among those who attended the ceremony that took place at the State Capitol. Terry McAuliffe, who Youngkin defeated in the general election, did not attend because of a COVID-19 scare.

Youngkin during his campaign against McAuliffe expressed support for Tanner Cross, a gym teacher at a Leesburg elementary school who was suspended from his job after he spoke out against Virginia Department of Education guidelines that are designed to protect transgender and non-binary students. Youngkin has also said he does not support allowing trans children to play on sports teams that are consistent with their gender identity.

Youngkin on Thursday named Elizabeth Schultz, an anti-LGBTQ former member of the Fairfax County School Board, to his administration.

“We will remove politics from the classroom and focus on the essentials,” said Youngkin in his inaugural speech, without specifically mentioning LGBTQ students.

He added “parents should have a say in what is taught in schools.”

Youngkin has also expressed his opposition to marriage equality, but stressed it is “legally acceptable” in Virginia and would “support that” as governor.

Lieutenant Gov. Winsome Sears and Attorney General Jason Miyares also took office on Saturday.

Winsome, a former member of the Virginia House of Delegates, is the first woman and first female of color elected lieutenant governor. Miyares, a former House member whose mother was born in Cuba, is Virginia’s first Latino attorney general.

Youngkin in his inaugural speech noted “the people of Virginia just elected the most diverse leadership” in the state’s history. Youngkin’s first executive order ends “the use of” so-called “critical race theory” (which is not taught in Virginia schools) and other “divisive concepts” in Virginia’s public schools.

The General Assembly’s 2022 legislative session began on Wednesday.

Republicans control the House by a 52-48 margin. Democrats have a 21-19 edge in the Virginia Senate.

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