Virginia Attorney General Jason Miyares has confirmed the legitimacy and constitutionality of the model policies put forth by the Virginia Department of Education under Governor Glenn Youngkin.
These policies aim to curb gender ideology and maintain sex-segregated sports and bathrooms in schools. Miyares emphasized that these parental rights-affirming policies comply with various laws, including the Virginia Human Rights Act, the Equal Protection Clause of the 14th Amendment, and Title IX of the Education Amendments Act of 1972. He stated that school boards across the state should support and implement these policies, as they are not only common sense but also the law.
While LGBT activists and school board officials have expressed concerns about these policies, Miyares warned that failing to comply with the law could result in legal action by parents. The Virginia Department of Education's "Model Policies on Ensuring Privacy, Dignity and Respect for All Students and Parents in Virginia's Public Schools" prioritizes parental rights, particularly in relation to their children's education.
The department has nullified previous activist policies that disregarded parental rights and other legal and constitutional principles, and has now deferred to parents to make decisions regarding their children's education while ensuring they remain informed about their well-being.
The new model policies aim to prevent children from experiencing unnecessary mental health issues, such as gender dysphoria, and undergoing transitioning without their parents' knowledge. These policies align with federal and state laws, as Miyares confirmed in his opinion.
He emphasized that parents have a fundamental right to the care, upbringing, and education of their children, and that they are in the best position to make important life decisions with their children. Miyares stated, "No parent signs up to co-parent with the government."
Governor Youngkin expressed his support for these policies, stating that Virginia will always empower parents and protect the privacy, dignity, and respect of all students. Spotsylvania County Public Schools became the first school district in Virginia to adopt the model policies, followed by Roanoke County.
However, some districts, such as Arlington Public Schools and Fairfax County Public Schools, are refusing to comply and are instead following the policies advanced by former Democratic Governor Ralph Northam.
The enforcement of these model policies is unclear, as the 2020 state law that established them does not specify enforcement measures. Jack Preis, a law professor at the University of Richmond, explained that school districts that defy the model policies would be violating the law, but it remains uncertain how they can be held accountable. While there may be political consequences, legal consequences would only arise from a judicial decision, which would require Miyares or a concerned parent to demand judicial enforcement.
Various leftist organizations, including Equality Virginia and the ACLU of Virginia, have criticized the new policies. They argue that these policies escalate a culture war and harm transgender youth. The ACLU of Virginia claimed that the policies violate state and federal law and have no place in Virginia schools.
Despite Miyares' opinion defending the policies, the ACLU remains steadfast in its opposition, with ACLU of Virginia legal director Eden Heilman stating that the proposed model policies are part of a national effort to erase transgender and nonbinary students from the classroom. Heilman described Miyares' opinion as cruel and misguided, echoing the ACLU's stance against the policies.
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