Department of Education says pro-trans policies in 5 Northern Virginia school districts violate Title IX.
The U.S. Department of Education has warned the school districts of Arlington, Alexandria, Fairfax, Loudoun, and Prince William that they could lose federal funding or face legal action if they do not roll back policies allowing transgender students to use bathrooms matching their gender identity.
The investigations, launched in February after a complaint from America First Legal — a group founded by former Trump adviser Stephen Miller — alleges the policies give transgender students more rights than cisgender students under Title IX.
The Education Department has recently stepped up challenges to pro-transgender school policies nationwide, even declaring June, traditionally recognized as Pride Month, as “Title IX Month” and pledging to roll back policies affirming transgender students.
On July 25, the department’s Office for Civil Rights said the policies — some dating to the Obama era and others adopted under Biden — violate Title IX and “have been trampling on the rights of students in the service of an extreme political ideology.”
The Education Department said the districts have 10 days to “voluntarily agree” to a resolution or face losing federal funds and possible referral to the Justice Department, citing a Trump-era order that recognizes only two sexes.
The resolution would force the districts to rescind pro-transgender policies, issue a memo requiring future rules to enforce sex-segregated facilities based on birth sex, and adopt “biology-based” definitions of “male” and “female” when enforcing Title IX.
The five districts, which educate about a third of Virginia’s public school students, are in liberal-leaning areas that resisted Gov. Glenn Youngkin’s “parental rights” agenda. His administration introduced “model policies” requiring schools to inform parents if a student comes out as transgender and to change a student’s records only with written parental consent. Even with parental approval, teachers could refuse to use a student’s preferred pronouns based on personal beliefs.
The policies also required students to use facilities matching their sex at birth, but allowed transgender students to use single-stall or unisex bathrooms.
The model policies sparked protests from parents and students, thousands of whom staged walkouts across Virginia. The five districts ultimately rejected the policies, citing a federal appeals court ruling in former Virginian Gavin Grimm’s case that found transgender bathroom bans violate Title IX.
It is unclear whether repealing the policies would hold up in court, as Virginia school districts remain bound by the 4th Circuit’s ruling in the Grimm case. Complying with the Education Department’s resolution could invite new lawsuits from transgender or LGBTQ advocacy groups.
The U.S. Supreme Court has not yet ruled on the constitutionality of transgender “bathroom bans.”
Officials in the five districts told the Washington Post that they are reviewing the Education Department’s findings while trying to reassure families that transgender students will not face discrimination or lose accommodations.
Fairfax County Public Schools, Virginia’s largest district, said in a statement that it “remains committed to fostering a safe, supportive, welcoming, and inclusive environment for all students and staff.”
Loudoun County Public Schools said staff “will continue to ensure full compliance with state and federal laws” while maintaining an environment “where every student can thrive and reach their fullest potential.”
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The U.S. Supreme Court on Tuesday signaled it may uphold state bans barring transgender girls and women from competing on female-designated sports teams during oral arguments in two closely watched cases.
Lower courts previously ruled in favor of the two transgender athletes, who challenged bans in Idaho and West Virginia -- two of the 27 states that have enacted laws banning people assigned male at birth from competing on female sports teams.
Proponents of restricting transgender participation argue that people who are assigned male at birth and undergo male puberty prior to transitioning retain physiological advantages that give them an unfair edge over cisgender female competitors.
A year ago, the National LGBTQ Task Force was girding to "hold the line," in a sense. Donald J. Trump had just won the presidential election with a plurality -- 49.8% -- of the popular vote, setting the stage for a January inauguration that would install an administration expected to be oppressively hostile to the country's LGBTQ community, particularly the Transgender community, as well as efforts promoting diversity, equity, and inclusion.
The sweeping scope of that hostility, from discharging all Trans service members from the U.S. military to the pettiness of erasing rainbow crosswalks, transpired at breakneck speed.
A new report finds that acceptance of LGBTQ people is declining across the United States, with nearly three in ten LGBTQ adults saying attitudes toward their community have worsened.
On Thursday, January 15, the Human Rights Campaign Foundation released findings from its Annual LGBTQ+ Community Survey, which drew responses from nearly 15,000 U.S. adults -- roughly two-thirds of whom identified as LGBTQ.
In addition to the survey, HRC last year launched its "American Dreams Tour," traveling to 10 cities and engaging more than 5,000 people through town halls, trainings, and community meetings with local LGBTQ leaders and activists. Those on-the-ground conversations informed the report, which aims to assess the state of LGBTQ life in the United States one year into the second Trump administration.
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