Virginia Faces Lawsuit Over Guidance for Transgender Public School Students, Reports Reuters

Two transgender students in Virginia have filed a lawsuit against the state regarding recent guidance that restricts transgender individuals from participating in sports teams that align with their gender identity and permits teachers to refuse to use their preferred names and pronouns.

One lawsuit was lodged in state court by a transgender high school student from York County, who claimed she was “singled out” by a teacher who declined to use her chosen name and pronouns, opting instead to refer to her solely by her last name. The second case was also filed in state court by a transgender middle school student who stated she has been prohibited from joining a girls’ sports team.

Both lawsuits argue that the state guidance, released last year under the administration of Republican Governor Glenn Youngkin, contradicts a 2020 law that mandates the state’s Department of Education to implement policies protecting the rights of transgender students. The plaintiffs are requesting the courts to nullify these policies.

The Department of Education and Youngkin’s office have not yet commented on the lawsuits. Under Youngkin’s policy, which has faced opposition from some school districts, students are required to use bathrooms that correspond to their sex assigned at birth, and teachers need parental permission to use transgender students’ chosen names and pronouns.

These lawsuits add to a growing number of legal challenges across the country concerning school policies that impact transgender students. In December, Virginia’s highest court reinstated a lawsuit from a high school French teacher who was dismissed for refusing to use a transgender student’s preferred pronouns due to religious objections. Additionally, the 1st U.S. Circuit Court of Appeals is currently deliberating on whether to revive a lawsuit filed by parents against a Massachusetts school district’s policy that does not inform parents if their children choose to use different names or pronouns at school. Last August, the 4th Circuit Court rejected a similar challenge by parents regarding a policy in a Maryland school district.