York County judge dismisses ACLU lawsuit challenging Virginia’s transgender student policies

YORK COUNTY, Va. (WRIC) — In a significant development regarding Virginia’s policies on transgender students, a York County Circuit Court judge has ruled to dismiss a lawsuit against the Virginia Department of Education (VDOE) and its recently-enacted model policies.

These policies, implemented in 2023 , delineate guidelines for the treatment of transgender students within public schools across the state.

The lawsuit , brought forth against the VDOE, centered on allegations of discrimination faced by a high school student, known as “Jane Doe,” in York County.

Court documents revealed that Jane encountered resistance from at least one teacher who refused to use her preferred name and pronouns, despite parental approval of the requested changes.

The situation ultimately necessitated a rearrangement of Jane’s class schedule to avoid the specific teacher.

The American Civil Liberties Union (ACLU), representing Jane, contested the policies under which such incidents occurred. However, the court ruled in favor of dismissing the case, citing reasons of sovereign immunity and statute of limitations.

The ACLU expressed disappointment in the decision, criticizing the VDOE’s policies as detrimental to transgender students’ rights and alleging they foster discrimination rather than protection.

“The Virginia Department of Education didn’t want to defend its anti-trans model policies in a court of law because it knew they can’t stand up to scrutiny, the statement said. “Its policies harm the very students they’re supposed to protect, and they’ve already resulted in discrimination that violates state and federal law.”

Attorney General Jason Miyares, who defended the VDOE in this lawsuit, celebrated the ruling as a validation of their stance on ensuring privacy, dignity, and respect for all students and parents in Virginia’s public schools.

“I’m pleased with the court’s ruling and proud to secure this win,” Miyares stated .

Gov. Glenn Youngkin’s administration, which championed these model policies, welcomed the court’s decision.

“Thank you, Attorney General, for your work defeating a challenge to the VDOE Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools,” Youngkin stated .

Despite this ruling, the battle over Virginia’s transgender student policies continues with two other ongoing cases in Hanover County. These cases involve disputes over transgender student athletes’ participation on teams of their choice, one in federal court and another in state court.

Attorneys on both sides await the formal written dismissal from the judge, which will effectively conclude the York County case. The outcome of the remaining legal challenges will likely shape the future landscape of transgender rights in Virginia’s public education system.

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