School classroom – Photo: Kohji Asakawa, via Pixabay
Loudoun County Public Schools will maintain its LGBTQ nondiscrimination policies — including allowing transgender students to use facilities that match their gender identity — despite threats of penalties from the U.S. Department of Education.
On August 12, after a closed session meeting, the Loudoun County School Board voted 6-3 to inform the Department of Education that while it was open to further discussion, it could not “at this time” agree to the changes the agency demanded, reports The Washington Post.
In a statement, the district said it had consulted its legal team and concluded that the Education Department’s findings — claiming the pro-transgender policies violate Title IX and infringe on the rights of cisgender students — create a “direct tension between federal agency guidance and binding judicial authority.”
That “judicial authority” refers to a 4th U.S. Circuit Court of Appeals ruling in favor of former Gloucester High School student Gavin Grimm, which found that a transgender “bathroom ban” discriminated against Grimm and other transgender students. The ruling remains binding in Virginia after the U.S. Supreme Court declined to hear a challenge, prompting Gloucester County to settle the lawsuit.
“Our priority remains the same: doing what is right for Loudoun County’s young people, focusing on educating our students and ensuring our schools are places where every child feels they belong,” the district said in a statement.
The U.S. Department of Education previously warned Loudoun County — along with the nearby school districts of Arlington, Alexandria, Fairfax, and Prince William counties — that they risked losing federal funding or facing legal action if they did not rescind their pro-transgender policies.
The department demanded that Northern Virginia school systems agree to a resolution requiring sex-segregated facilities based on students’ birth sex and enforce “biology-based” definitions of “male” and “female” under Title IX. These policies align with a Trump-era executive order recognizing only two sexes and rejecting transgender identity.
The Education Department declined to comment on the vote.
LCPS spokesman Dan Adams told the Post that the district receives $47 million in federal grants that fund special education, Title I schools, and nutrition programs. He noted that money could be cut off by the Trump administration if it insists on enforcing its interpretation of Title IX.
The district’s overall budget is $2.5 billion.
School boards in Fairfax, Prince William, Arlington, and Alexandria have not yet announced how they will respond to the Education Department’s demands, though members recently met to discuss the federal agency’s threats.
LGBTQ advocates organized ahead of the meeting, gathering signatures and urging supporters to pressure board members to keep the district’s pro-transgender policy in place.
“These are children. They’re not ideologues,” said Candice Tuck, a transgender mother of two, during the public comment period. “They’re trying to live a life, a life that if any of us were given the chance to be our authentic selves, it would only make us better, stronger and happier. This policy is not about ideology or politics. It’s about protecting children.”
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Thanks to my dad's career, the Army was a huge part of my upbringing. When I was little, vaccinations, swimming lessons, and commissary shopping meant a trip to Fort Belvoir, Virginia. My elder brother followed in our father's Army footsteps, becoming an Army helicopter pilot. My stepfather was in the Navy during World War II, serving on a submarine in the Pacific.
When I hit 18, when I was most likely to consider joining the military myself, even "Don't Ask, Don't Tell" was a few years away. If you were found to be gay, out you went. Poring over reams of court documents, during a college internship, regarding the murder of Naval officer Allen R. Schindler Jr., assured me that I was better off as a civilian. Schindler, who was gay and born the same year as me, was beaten to death by two shipmates during shore leave in Japan.
In what many see as a rebuke of the Trump administration’s agenda, Democratic candidates channeled anti-Trump frustration into a wave of wins -- including key victories for pro-LGBTQ candidates in Tuesday’s bellwether races.
In Virginia, former Democratic Congresswoman and LGBTQ ally Abigail Spanberger cruised to a decisive win over Republican Lt. Gov. Winsome Earle-Sears, defeating her by nearly 15 points.
Earle-Sears, who narrowly won election on Gov. Glenn Youngkin’s coattails four years ago, tried to replicate Youngkin's formula by emphasizing cultural issues, but failed to find issues that galvanized voters. She devoted much of her campaign to attacking Spanberger over pro-LGBTQ school policies that allow students to use restrooms matching their gender identity, and over the absence of a statewide ban on transgender athletes competing on female-designated sports teams.
U.S. Supreme Court Justice Samuel Alito hinted in recent remarks that the court is unlikely to overturn its 2015 decision legalizing same-sex marriage nationwide -- even though he personally disagrees with it.
Part of the court’s six-member conservative majority, Alito made the remarks on October 3 during an academic conference hosted by the C. Boyden Gray Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School.
In his speech, Alito referenced the Obergefell marriage equality decision while praising what he called the "bright future" of constitutional originalism -- the idea that the Constitution should be interpreted as the founders intended when they wrote it in 1787.
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