ACLU of Virginia Lawsuits Seek to Block Youngkin’s Anti-Trans Policies

On February 15, the ACLU of Virginia filed two lawsuits against the Virginia Department of Education (VDOE), on behalf of two Trans students who have been harmed by the 2023 Model Policies imposed by Governor Youngkin (R).

One lawsuit comes from a student in York County for whom at least one teacher has refused to address her by her preferred name, which the school says it must allow based on the policies.

The other comes from a Hanover County student who, despite qualifying and having her parents provide the documents requested by the school board, was excluded from participating in a girls’ sports team, with the board taking a step further to change the entire district’s athletics policy, citing the policies.

The Youngkin administration announced new model policies in 2022 that overturned the guidance from a 2020 law that required school districts to uphold students’ rights to privacy regarding their pronouns, preferred name, or gender identity. Instead, according to ACLU VA, the policies “do not recognize LGBTQ+ students as a protected class, and focus not on the rights of students, but of parents.”

Virginia Lieutenant Governor Misgenders Senator Roem

On Monday, Virginia Lieutenant Governor Winsome Earle-Sears (R), who as Lt. Gov. is also President of the Virginia Senate, called Sen. Danica Roem (D-Manassas) “sir” during proceedings, prompting Roem to quietly leave the floor, followed by several other Senators. Roem, who in 2017 became the first Trans person elected to any state legislature in the U.S., presents and identifies as a woman, and uses feminine pronouns.

Earle-Sears attempted to continue proceedings, repeatedly calling on Sen. Ghazala Hashmi (D-Chesterfield), who refused to respond. Sen. Scott Surrovel (D-Fairfax) requested a recess, telling Richmond’s 8News that he did so to “give [Earle-Sears] a chance to figure out what to say.”

When the session reconvened, Earle-Sears loudly issued a weak apology, declining to mention Roem or her correct pronouns. Instead, she referenced “respect and dignity” for all. Roem, as she always does when her gender identity becomes the center of attention, has simply said she is focused on serving her constituents.

In 2004, Earle-Sears wrote an op-ed for the Daily Press, titled “Marriage Deserves Preservation,” in which she objected to drawing parallels between African-American and LGBTQ+ rights as “a huge stretch,” saying that the former is a civil rights, while the latter is “an issue of lifestyle.” She also wrote “I also believe our society has gone immeasurably beyond almost all standards in accommodating the homosexual community over the last couple of decades.”

A ‘Couple of Decades’ of Immeasurable Accommodation

Yes, Earle-Sears said that, in 2004, “the homosexual community” had already enjoyed a couple decades of accommodation that was “immeasurably beyond almost all standards.” Let’s briefly measure a couple highlights for LGBTQ+ rights during those “couple of decades.”

In 1981 the first AIDS case was diagnosed. In 1995, AIDS killed 65,000 Americans, mostly gay men. In 2003 the Supreme Court overturned laws criminalizing same-sex sexual activity.

2004 was the peak of the AIDS epidemic, with over 2,000,000 deaths globally.

Exactly what standards was Earle-Sears referring to?

Accommodations in The Couple of Decades Since 2004

In 2006 Virginia voters passed the Marshall-Newman amendment to the state Constitution, banning same-sex marriage. 2011 was when LGB people were allowed to openly serve in the military, 2015 for Trans people. Same sex marriage was legalized in 2015.

Today in 2024, nearly half of U.S. states ban Trans people from participating in sports that match their identities. Gay men can’t donate blood within three months of having sex (which is progress), or tissue or semen within five years of having sex, even if all infectious testing is negative. More than half of states still allow conversion therapy, despite it not working and being widely viewed (appropriately) as, essentially, torture.

According to the ACLU, just two months into the year, at least 463 anti-LGBTQ+ bills have been introduced in 2024, likely to surpass the record of 510 in 2023, which surpassed the previous record of 180 in 2022, which surpassed the previous record of 154 in 2021.

Progress, Uncertainty in Virginia Same-Sex Marriage Bill

Last week the Virginia legislature sent a bill codifying the right of any adult couple to get married, regardless of gender, to the desk of Gov. Glenn Youngkin (R). Virginia currently has a gay marriage ban in place — the Marshall-Newman Amendment, passed by voter referendum in 2006. The 2015 Supreme Court ruling legalizing same-sex marriage has essentially invalidated the ban, however if SCOTUS were to reverse their decision and leave the decision to states, the ban would immediately take effect again.

To amend the Virginia Constitution, the legislature must pass a bill twice, in two separate sessions (a general election must take place in between the sessions), then put the amendment on the ballot for the voters to decide in a statewide referendum. The earliest we could see the ballot referendum is November 2026.