12/13/22
Contact: Narissa Rahaman
e. [email protected]

Executive Director of State LGBTQ+ Group Attends the Passage of the Respect for Marriage Act, Calls on Congress to Take Further Action to Protect Our Communities

Equality Virginia celebrates momentum for LGBTQ+ equality in the nation, recognizes the lengths required to fully protect queer people in Virginia.

WASHINGTON D.C.– Today, Narissa Rahaman, Executive Director of Equality Virginia attended the signing of the Respect for Marriage Act (RMA). Championed by openly-LGBTQ+ U.S. Senator Tammy Baldwin (D-WI), the RMA passed out of Congress with bipartisan support on December 8th, 2022. The RMA will maintain the status quo and protect families by repealing the Defense of Marriage Act (DOMA), ensuring that all federal benefits are available to married couples no matter where they live, and ensuring that states give full faith and credit to all validly celebrated marriages. Effectively, the Respect for Marriage act will protect the rights of same-sex and interracial couples.

“Today we celebrate,” said Narissa Rahaman on the White House South Lawn at the signing. “But this initial step towards lived and legal equality is just that, a step. Our community is under attack. In the wake of a mass shooting in LGBTQ+ spaces, inflammatory anti-trans legislation being introduced in state legislatures, increase of violence against transgender women of color, and attacks on our bodily autonomy and reproductive freedom-we are calling for further action. LGBTQ+ people in Virginia deserve more than the status quo. We deserve the safety to thrive no matter what corner of the Commonwealth we call home.”

The RMA does not guarantee the right to marry. It makes it so that other states have to recognize same-sex marriages across state lines and that same-sex couples are entitled to the same federal benefits of any other married couple. Though the bill attempts to buttress key Supreme Court decisions, the RMA does not prevent same-sex marriages from being outlawed in states that currently have bans on same-sex marriage should the Supreme Court decide to overturn Obergefell v Hodges. Virginia’s constitution contains a ban on same-sex marriage despite widespread support of same-sex marriage across the country and state.

The Marshall-Newman Amendment, also referred to as the Virginia Marriage Amendment, is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status “approximat[ing] the design, qualities, significance, or effects of marriage”. The amendment was ratified by 57% of the voters on November 7, 2006. Although the amendment is unconstitutional and unenforceable since 2014, it remains part of the Virginia Constitution. But the Marshall-Newman Amendment would be enforceable if Obergefell v Hodges is overturned.

“We must send a clear message that Virginia can be a leader for LGBTQ+ equality,” said Rahaman, “In the 2023 General Assembly session we must defeat all anti-LGBTQ+ bills, remove the stain from our constitution, and protect trans youth. We can be a Commonwealth that supports LGBTQ+ people of all walks of life whether you’re a student or a senior. We can celebrate today’s step forward, but we are far from the finish line.”

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Founded in 1989 as Virginians for Justice, Equality Virginia (EV) is the leading advocacy organization in Virginia seeking equality for lesbian, gay, bisexual, transgender, and queer (LGBTQ) people. Connect with us today on Facebook, Twitter, Instagram, or email us at [email protected]. 

               

October 26, 2022
Contact: Narissa Rahaman
e. [email protected]
p.   407-492-5086

Link to PDF version

FOR IMMEDIATE RELEASE                    

Virginia Department of Education
Superintendent Jillian Balow
James Monroe Bldg., 25th Floor
101 N. 14th St.Richmond, VA 23219

Re: Equality Virginia’s Comment Opposing the Proposed 2022 Model Policies on the Privacy, Dignity, and Respect for All Students in Virginia’s Public Schools

Dear Superintendent Balow,

I am writing on behalf of Equality Virginia (EV), the leading advocacy organization in Virginia seeking equality for lesbian, gay, bisexual, transgender, and queer people (LGBTQ+). EV strongly opposes the Virginia Department of Education’s (VDOE) proposed 2022 model policies on the Privacy, Dignity, and Respect for All Students in Virginia’s Public Schools (Model Policies), and urges you to rescind them immediately. 

EV believes schools should be places of liberation where every student can thrive and reach their full potential. LGBTQ+ students disproportionately experience school climates that are hostile to their overall well-being and educational attainment. This is especially true for LGBTQ+ students who are Black, Indigenous, people of color (BIPOC), transgender, non-binary, and students with disabilities. A hostile school climate, much like the one the proposed model policies would create, will affect transgender and non-binary students’ academic success and mental health.

All students in Virginia deserve a K-12 education system that allows them to learn and grow free from harm and transgender and non-binary students must be afforded the equal opportunity to learn in a safe and affirming school environment. The model polices do not provide transgender and non-binary students this opportunity and would instead create learning environments that are unsafe, hostile and dangerous.

The mere proposal of anti-transgender policies, like the model policies, has devastating effects on the mental health and well-being of transgender and non-binary youth with 94% of LGBTQ youth reported that recent politics negatively impacted their mental health.

The model policies would create a hostile school climate for transgender and non-binary students

The model policies will put transgender and non-binary students at risk for harm and discrimination, both at home and in school, by restricting restroom access for transgender and nonbinary students, requiring students to jump through legal hoops just to be referred to by their affirming pronouns, and require faculty and staff to “out” trans and non-binary students to their parents. A 2021 peer-reviewed study by The Trevor Project and published in the American Journal of Community Psychology, found that greater experiences of minority stress experiences are associated with increased odds of attempting suicide. LGBTQ+ youth who reported experiencing four types of minority stress — LGBTQ+-based physical harm, discrimination, housing instability, and change attempts by parents — were 12 times at greater odds of attempting suicide compared to youth who experienced none.¹

The model policies would only serve to exacerbate these stressors. It is imperative that the VDOE develop policies that reduce stressors for all students but especially transgender and non-binary students. 

Rejection and a Lack of Social Support & Affirming Spaces

The model policies would require faculty and staff to forcibly “out” trans and non-binary students to their parents. According to the model policies, “schools may not encourage or instruct teachers to conceal information about a student from their parents.” This policy would force teachers into the impossible position of risking their job or the safety and well-being of their students. Moreover, forcibly outing students without their knowledge or consent in any circumstance will only result in eroding trust between student and teachers – trust that has proven to foster a supportive educational environment for all students, including transgender and non-binary students.  For example, LGBTQ+ youth who report the presence of trusted adults, like teachers, in their school have higher levels of self-esteem and access to supportive peers is protective against anxiety and depression, including among those who lack support from their family.²

Transgender and non-binary youth deserve to have families that love and support them, but  unfortunately that is not always the case. Some transgender and non-binary youth will face rejection, abuse or worse if they are forcibly outed, like the 2022 proposed model policy aims to do, to unsupportive families. Research suggests that among LGBTQ+ youth, only one-third experience parental acceptance, with an additional one-third experiencing parental rejection, and the final one-third not disclosing their LGBTQ identity until they are adults.³ Fewer than 1 in 3 transgender and nonbinary youth found their home to be gender-affirming and a little more than half (51%) found their school to be affirming. 

We know that transgender and non-binary youth deserve to be accepted with open arms, care, and love. They also deserve the space and time to come out to trusted adults at a pace that makes sense to them. Coming out is an incredibly personal decision and should be completely up to a student and their relationship with who they might share it with. Forcible outing could place students in situations where they feel unsafe and force them to make alternative plans for housing, food, financial support, and/or transportation. The safety and well-being of transgender and non-binary students should be VDOE’s utmost priority. 

Prohibits Supporting Transgender & Non-Binary Youth

The model policies would require transgender and non-binary students utilize an unnecessary process to be referred to by their affirming name and pronouns. Even if students follow the proposed process, the model policies still allow teachers to misgender and deadname these students.

According to the proposed policy, “school personnel shall refer to each student using only the name in the official record or a related common nickname”, “school personnel shall refer to each student using only the pronouns indicated by the student’s sex in the official record”, with the exception that “school personnel shall use a name or pronouns that differ from those in the official record only if a parent or emancipated minor instructs the school in writing that another name or pronouns be used because of the student’s persistent and sincere belief that their gender differs from their sex.” This exception would require parents of transgender or non-binary students to document in writing that their child’s gender differs from their sex assigned at birth, a requirement that threatens the health and safety of some students and can create harmful circumstances for transgender and non-binary students whose parents are not supportive.

In a poll conducted by Morning Consult on behalf of The Trevor Project, when asked about proposed legislation that would require schools to tell a student’s parent or guardian if they request to use a different name/pronoun or if they identify as LGBTQ at school, 45% of LGBTQ youth said it made them feel angry, 34% felt nervous, and nearly 1 in 3 felt stressed.

Affirming transgender and nonbinary youth by respecting their pronouns and allowing them to change legal documents is associated with lower rates of attempting suicide. Transgender and nonbinary youth who reported having pronouns respected by all of the people they lived with attempted suicide at half the rate of those who did not have their pronouns respected by anyone with whom they lived.

Misgendering and deadnaming in school is a major fear and concern for transgender and nonbinary students. All students have the right to be addressed by a name, pronouns, and other terms that correspond to their gender identity. This foundational respect should not rely on whether a student has access to a legal name change or gender marker change on official documents. Educators, staff, and peers, should always use the pronoun and name with which a student identifies or requests.

Negative Impact on School Climate

Per GLSEN’s 2021 National School Climate Survey, a staggering 74.2% of transgender students reported feeling unsafe at school based on their gender (additionally 64% of trans youth felt unsafe based on their gender expression, and 49% felt unsafe based on their sexual orientation), 72.9% of transgender students avoided bathrooms at school, 58.6% avoided locker rooms, and 51.2% avoided gym/PE class, 38.3% missed school for safety reasons (relatedly 19.7% changed schools for safety reasons), 53.4% of transgender youth reported being prevented from using their chosen name and pronouns. 

Transgender students who face these sorts of victimization are then three times more likely to have missed school in the past month than their peers. Of the LGBTQ+ students who indicated that they were considering dropping out of school, half (51.5%) indicated that they were doing so because of a hostile school climate, including issues with harassment, unsupportive peers or educators, and gendered school policies/practices. 

The academic achievement of transgender and nonbinary youth quite literally depends on access to affirming spaces. Since most youth under age 18 spend the majority of their time in school, it is imperative that these environments are supportive of their identities and responsive to their needs. Access to a quality education is impossible if we do not first ensure that the safety and humanity of all students is valued and preserved. As long as students are unsafe, fearful, and uncomfortable in their school environment, they cannot focus on learning or sometimes even be physically present. This demonstrates the immediate harm the model policies will inflict on transgender and non-binary students, and the urgent need to rescind them.

The model policies violate Virginia Code § 22.1-23.3

The intent of the law and the Virginia Code requires and authorizes VDOE to develop model policies for elementary and secondary schools on how to address common issues involving transgender and nonbinary students, using evidence-based information and best practices.⁴ Delegate Marcus Simon, one of the law’s sponsors, stated that the purpose of the legislation is to “ensure the safety and dignity of all students in Virginia, regardless of how they identify or where they live.”⁵ Instead, the VDOE has proposed model policies that directly conflict with the intent and purpose of the law, are not evidence-based, are not informed by or involved transgender and non-binary students, and promote unfair and dangerous treatment of transgender and non-binary students. EV has serious concerns with the legality of such conflict and inconsistencies with what the law requires as well as the administration seeking to legislate policy through an executive agency. 

The 2022 Model Policies will not create a learning environment that is safe for all students. Instead, they will result in school policies that strip transgender students of the same opportunities afforded to their cisgender peers.

The model policies ignore or violate existing state and federal law.

EV echoes, supports and endorses public comment submitted by other organizations challenging the legal standing of the 2022 proposed model policy:⁶

• American Civil Liberties Union of Virginia
• Americans United for Separation of Church and State

Conclusion

On this basis, EV vehemently opposes the proposed 2022 Model Policies on the Privacy, Dignity, and Respect for All Students in Virginia’s Public Schools. We urge the VDOE to rescind them.  

We will continue to work with community members, local and state organizations to create a Virginia that welcomes, includes and provides safety for transgender and non-binary students. 

Please reach out to Narissa Rahaman (she/her), Executive Director, at nr[email protected] to discuss our public comment. 

Sincerely,

Narissa Rahaman (she/her)
Executive Director
Equality Virginia

_{¹ Green, A. E., Price, M. N., & Dorison, S. H. (2021). Cumulative minority stress and suicide risk among LGBTQ youth. American Journal of Community Psychology, 1–12.
² Dessel, A. B., Kulick, A., Wernick, L. J., & Sullivan, D. (2017). The importance of teacher support: Differential impacts by gender and sexuality. Journal of Adolescence, 56, 136-144. Parra, L. A., Bell, T. S., Benibgui, M., Helm, J. L., & Hastings, P. D. (2018). The buffering effect of peer support on the links between family rejection and psychosocial adjustment in LGB emerging adults. Journal of Social and Personal Relationships, 35(6), 854-871.
³ Katz-Wise, S. L., Rosario, M., & Tsappis, M. (2016). Lesbian, gay, bisexual, and transgender youth and family acceptance. Pediatric Clinics of North America, 63(6), 1011-1025.
⁴  Va. Code § 22.1-23.3.
⁵ Press Release, Office of The Governor, Governor Northam Signs 49 Bills into Law (Mar. 5, 2020), https://www.governor.virginia.gov/newsroom/all-releases/2020/march/headline853059-en.html
⁶ Pursuant to Virginia Code § 2.2-4002.1(C): “[i]f a written comment is received during a public comment period asserting that the guidance document is contrary to state law or regulation, … the effective date of the guidance document by the agency shall be delayed for an additional 30-day period.”}

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July 28, 2022
Contact: Narissa Rahaman, [email protected]

RICHMOND, VA – Last evening, Equality Virginia, the Commonwealth’s leading advocacy organization for lesbian, gay, bisexual, transgender and queer (LGBTQ+) equality, along with 35 partners and school board leaders across the Commonwealth, filed an amicus brief in support of transgender students in Virginia schools.

The brief asks the Supreme Court of Virginia to uphold the Circuit Court for the County of King William’s dismissal of Peter Vlaming’s lawsuit against the West Point School Board, which rejected Mr. Vlaming’s claims that his firing for violation of the West Point School Board’s anti-discrimination and anti-harassment policies violated his rights under Virginia law. 

The West Point School Board has a compelling interest in protecting its transgender students from the harms associated with discriminatory treatment. It must also comply with Title IX, which prohibits discrimination against transgender children on the basis of their gender identities, and the Equal Protection Clause of the Fourteenth Amendment. To serve these interests and comply with the law, the West Point School Board must treat its transgender students equally—including by ensuring that its staff addresses transgender students, like their cisgender peers, with the names and pronouns that reflect their gender identity. The illusory burden asserted by Mr. Vlaming cannot stand against this compelling interest. 

An amicus curiae brief, or “friend of the court” brief, is filed by organizations or persons not directly involved in a case to provide information related to issues to help courts reach decisions.

The groups point to the negative and harmful experiences of transgender and non-binary students and their families in Virginia schools as reasons why anti-discrimination policies and practices, such as using a student’s correct pronouns, can mitigate these harms.

“Transgender and non-binary students, when compared to their cisgender peers, face physical abuse, bullying, and extreme emotional harm at higher rates, which impact their well-being and education,” said Narissa S. Rahaman, Executive Director at Equality Virginia. “The West Point School Board’s antidiscrimination and anti-harassment policies aim to counteract and prevent those harms. We know that transgender students thrive when they are supported by an inclusive school environment, which includes using their correct pronouns.”

“The harm of differentiating transgender students from their peers and failing to affirm their identities is well-established in the courts,” said S. Douglas Bunch, Partner at civil rights law firm Cohen Milstein Sellers & Toll. “Sadly, this effect is magnified when the hostile actor is a teacher. School policies, such as one of using pronouns that reflect a transgender student’s identity, are there to mitigate these harms and allow all students to thrive in school.”

According to GLSEN’s 2019 National School Climate Survey, Virginia schools were not safe for most LGBTQ+ secondary school students. In addition, many LGBTQ+ students in Virginia did not have access to important school resources, such as an LGBTQ+-inclusive curriculum, and were not protected by supportive and inclusive school policies. 

School-based supports such as supportive and inclusive school policies, school personnel who are supportive of LGBTQ+ students, GSAs, and LGBTQ+-inclusive curriculum resources can positively affect school climate for LGBTQ+ students. Findings from GLSEN’s 2019 National School Climate Survey demonstrate that students attending schools with these resources and supports report more positive school experiences, including lower victimization and absenteeism and higher academic achievement.

This is the second amicus brief of its kind that Equality Virginia and Cohen Milstein Sellers & Toll have filed on behalf of the welfare of transgender and non-binary students in Virginia. On July 9, 2021 Equality Virginia and over 50 partners and school board leaders across the Commonwealth filed a brief in support of Virginia’s model policies to make schools safer and inclusive for transgender students.

Groups signing on to the amicus brief include:

Diversity Richmond 

Equality Loudoun

Farmville Pride

FCPS Pride 

GLSEN NoVA

GLSEN RVA

GLSEN Southwest Virginia

Hampton Roads Pride

He She Ze and We

Health Brigade

Hill City Pride

PFLAG Blue Ridge

Planned Parenthood Advocates of Virginia

Pride Liberation Project

Rappahannock Region Transgender Support (RRTS)

Restoration Fellowship RVA

Richmond Triangle Players

Rockbridge LGBTQIA+ Alliance

Side by Side VA, Inc.

Southeastern Transgender Resource Center 

Stonewall Sports Richmond 

Transgender Assistance Program Virginia

UGRC/Black Pride RVA

Virginia Anti-Violence Project 

Virginia Council on LGBTQ+

Virginia Pride 

Honorable Barbara J. Kanninen (Arlington County)

Honorable David Priddy (Arlington County)

Honorable Lisa Larson-Torres (Chair, Charlottesville City)

Honorable Karl V. Frisch (Fairfax County)

Honorable Laura Downs (Chair, Falls Church City)

Honorable David Ortiz (Falls Church City)

Honorable Lori Silverman (Falls Church City)

Honorable Elizabeth Warner (Stafford County)

Mr. Jason Kamras (Richmond City) 

Equality Virginia is a 501(c)(3) organization working to build a fully inclusive Commonwealth by educating, empowering, and mobilizing Virginians to ensure all LGBTQ+ people are free to live, love, learn, and work.

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Gov. Youngkin’s performative event does not diminish the months he spent attacking the LGBTQ+ community on the campaign trail and subsequent anti-LGBTQ+ appointments after taking office

RICHMOND – Today, the Commonwealth’s leading advocacy organizations for lesbian, gay, bisexual, transgender and queer equality, responded to Governor Glenn Youngkin’s announcement about hosting a Pride event after nearly a year of anti-LGBTQ+ rhetoric and administration appointments. 

“Equality Virginia is disappointed in Governor Youngkin’s performative attempt to celebrate Virginia’s diverse LGBTQ+ community by hosting a Pride event. His cherry-picking of invitees sends a message that he is unwilling to listen to the LGBTQ+ organizations and community members who have worked tirelessly for decades to make our Commonwealth inclusive and welcoming for all,” said Narissa Rahaman, Executive Director of Equality Virginia Advocates. “The Governor spent months campaigning on a platform of homophobia and transphobia, attacking some of the most marginalized members of our community– transgender and non-binary youth. His Pride event does not erase his words and only gaslights our community. We encourage the Governor to meet with us, hear our stories, learn about our lives, and make a commitment to fight for our lived equality.”

Gov. Youngkin’s opposition to LGBTQ+ equality during his gubernatorial campaign was constant and intentional. He declined to support same-sex marriage, despite support of the Supreme Court’s 2015 decision to legalize it nationally. He expressed support for “license to discriminate” laws. He does not support transgender kids competing in school sports on the teams consistent with their gender identity saying, “It’s just not fair.” On the first day of Pride month in 2021, Youngkin supported a teacher who was suspended for refusing to use the preferred pronouns of his student saying he was standing up for the “best interest” of students in his district.

Gov. Youngkin’s hostility continued after the election when he appointed individuals with a history of engaging in anti-LGBTQ+ rhetoric. Before taking office, Youngkin named Kay Coles James, former president of the far-right Heritage Foundation, as the Secretary of the Commonwealth. While at Heritage, James opposed the Equality Act, federal legislation that would prohibit discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. James tweeted the Equality Act is “anything but equality,” saying it would shut down businesses and “open every female bathroom and sports team to biological males.” Former Fairfax County School Board member Elizabeth Schultz, known for her tirade against protections for transgender students, was appointed as Virginia’s Assistant Superintendent of Public Instruction.

“I appreciate the Governor’s invitation, but I think it is premature for this administration to celebrate LGBTQ+ equality when it has yet to take any meaningful steps to advance it,” said James Millner, Director of Virginia Pride. “I have serious concerns about the Governor’s on-the-record positions on issues like same-sex marriage and rights and protections for the transgender community, especially transgender youth.  If the Governor can demonstrate that he and his administration are true allies to our community by working with us to protect and advance our hard-won progress, I would happily attend a celebration with him next year.”

“LGBTQ+ Pride month is not a celebration, it’s an action. In this moment, LGBTQ+ communities don’t want to merely attend events, they want to be heard. Members of the current administration have demonstrated in their words and in their actions that they do not support the rights and dignity of the queer community,” said Lindsay Church, Executive Director of Minority Veterans of America. “Instead of hosting events and public professions of support for our communities, this administration must meet with LGBTQ+ leaders and advisory boards to hear our concerns and take clear and substantive actions to address them. Until this happens, these events will be mere tokenization of members of our community in the name of political cover.”

“He She Ze and We supports families with transgender and nonbinary youth of all ages. Before accepting an invitation to a Pride Celebration, we ask for an opportunity to meet with the Governor and his staff to discuss the urgent needs of our community,” said Shannon McKay, Executive Director of He She Ze and We. “Perhaps after meeting with some of our families and school-age children, they would understand why it is essential to protect them with inclusive policies, and why we celebrate their courage to be themselves every single day!”

Instances of Governor Youngkin’s Hostility Towards the LGBTQ+ Community

On First Day Of Pride Month in 2021, Youngkin Supported A Teacher Who Was Suspended For Refusing To Use The Preferred Pronouns Of His Student. [American Independent, 6/1/21]

Youngkin Supported Judge’s Decision To Reinstate Teacher Who Was Suspended For Refusing To Use Student’s Preferred Pronouns. [@GlennYoungkin, 6/8/21]

Youngkin Declined To Support Marriage Equality. [Associated Press, 10/22/22]

Youngkin Expressed Support For “License To Discriminate” Laws. [@GlennYoungkin Twitter, 04/26/21]

Youngkin Opposed Transgender-Inclusive Sports Competitions. [Washington Examiner, 3/26/21; Washington Blade, 5/26/21]

EV Advocates (EVA) is a 501(c)(4) organization that works with Equality Virginia (EV) to advance equal rights for LGBTQ Virginians through public policy and advocacy.

Minority Veterans of America (MVA) is a nonpartisan, 501(c)3 nonprofit organization designed to create belonging and advance equity for underrepresented veterans.

He She Ze and We is a 501(c)3 non-profit that empowers families on the journey of gender identity through support, education, advocacy.

Virginia Pride seeks to unite the segmented LGBT communities throughout the Commonwealth.  We strive to be a representative body of the LGBT Community in the Commonwealth of Virginia.  We also seek to standardize Pride for the Commonwealth of Virginia by holding a state-wide Annual PrideFest Celebration.

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