October 26, 2022Jillian BalowSuperintendent of Public Instruction, Virginia State Department of EducationJames Monroe Building101 N 14th StreetRichmond, Virginia 23218Re: OPPOSE - American Atheists’ opposition to dangerous and discriminatory proposed Standards pertaining to trans studentsDear Superintendent Balow and Members of the Virginia State Board of Education:American Atheists, on behalf of its more than 1,700 constituents in Virginia, strongly opposes the proposed Standards introduced by Governor Youngkin and the Virginia Board of Education (“Standards”) that requires Virginia school districts to oppose and disregard federal Title IX guidance concerning trans students as well as state law. These proposed Standards will undeniably intensify systemic discrimination against trans and gender nonconforming students in Virginia and result in liability for those school districts who adhere to the bad advice promulgated by the Department. As the Virginia Board of Education (“Board”), it is your critical responsibility to ensure the safety and education of ALL students in Virginia public schools. Enacting these Standards would directly violate that duty. On its face, the Standards allows schools to prohibit trans youth from participating in sports with their peers, limit their access to appropriate school facilities for their gender, and misgender and deadname students. We strongly urge you to reject these proposed Standards because these and other provisions directly conflict with both state law and federal Title IX requirements.American Atheists is a national civil rights organization that works to achieve religious equality for all Americans by protecting what Thomas Jefferson called the “wall of separation” between government and religion created by the First Amendment. We strive to create an environment where atheism and atheists are accepted as members of our nation’s communities and where casual bigotry against our community is seen as abhorrent and unacceptable. We promote understanding of atheists through education, outreach, and community-building and work to end the stigma associated with being an atheist in America. We reject efforts to undermine the education, acceptance, and well-being of gender diverse students based on the religious beliefs of lawmakers and educators.The Standards stigmatize and openly discriminate against trans students for acting in accordance with their beliefs, health care needs, and gender identity. This type of official disapproval from the state would place a target on the backs of trans children, leaving them far more susceptible to bullying and harassment by their peers and community members as well as discrimination by school staff. The 2015 U.S. Transgender Survey concluded that 17% of the transgender students left a school at least once as a result of such severe mistreatment at a K-12 institution. The survey also described the rampant bullying and harassment that trans students already face, finding that: • Fifty-four percent (54%) of those who were out or perceived as trans in K–12 were verbally harassed, and 24% were physically attacked; and• Seventeen percent (17%) of those who were out or perceived as trans were forced out of a K–12 school because the mistreatment was so severe.The Standards also restrict access to public facilities, such as restrooms. Doing so not only violates Title IX, but also puts students at risk for assault. In fact, trans teens with restricted access bathroom facilities were found to be at a higher risk for sexual assault. 36% of trans and non-conforming teens between the ages of 13-17 with restricted access to public facilities reported being sexually assaulted. Moreover, studies have demonstrated that there has been no link between trans-inclusive policies and increased safety and privacy violations in public facilities. There is simply no data to support these harmful and discriminatory Standards. Additionally, the Standards allow school officials to intentionally misgender and deadname students. The Standards claim that school officials may only use the student’s correct name and pronouns with a court order. While this may be appropriate for official records, there is simply no good reason to restrict how teachers and staff address students, so long as it is done respectfully. To purposefully misgender and use incorrect pronouns for trans students, which is known to exacerbate gender dysphoria and be psychologically damaging to trans students, is needless cruelty. Moreover, the Standards further stigmatizes trans children by purposefully excluding them from participating in sports citing physiological unfairness. Data has shown that, especially minors, a person’s genetic make-up and internal and external reproductive anatomy alone are not useful indicators of athletic ability. In a 2014 survey of trans people, nearly 33% of participants felt very stigmatized when misgendered. Misgendering was also found to result in participants feeling lesser authenticity and lower confidence in their appearance. Deadnaming or using old names for trans people rather than the names they identify with, has similar effects, resulting in depression, suicidal ideation, and suicidal behavior. In comparison to their cisgender counterparts, the 2015 U.S. Transgender Survey showed that 52% of transgender adults who suffered anti-transgender treatment in grades K-12 had attempted suicide at least once by the time they participated in the survey. In contrast, the number of transgender students who did attempt suicide, but did not suffer mistreatment at school dropped by 15%.Even with a court order affirming a student’s name and pronouns, the Standards still allow school officials to misgender students, supposedly based on their First Amendment rights. Conversely, and tellingly, there is no protection for teachers or staff who assert their First Amendment right to use a student’s preferred name and pronouns -- only if they refuse to do so. Regardless, this supposed First Amendment right for teachers and staff to misgender trans students is not supported by law, it would allow teachers to openly discriminate against trans students in contradiction of Virginia state law and Title IX, and it exposes these students to additional bullying and harassment by their peers. Despite the Standards’ supposed recognition of parent’s rights, when parents support their trans children, the Standards would allow or even require teachers and school staff to act directly against their interests. Medical authorities have long established that social transition can be medically necessary and beneficial health care for trans youth. However, if trans youth are not protected from harassment based on gender identity and expression, they are more likely to suffer lifelong negative psychological consequences. Overall, these Standards are immensely harmful to trans students, posing both extensive physical and psychological risks. We urge you to reject the Standards and remain mindful of your responsibilities to all students in Virginia, regardless of their gender identity or expression. The proposed Standards encourage schools to directly violate the legal requirements of Title IX as well as Virginia state law.Title IX of the Educational Amendments of 1972 establishes that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Title IX applies to all educational institutions that receive federal funding, including the Virginia Department of Education and all Virginia public schools. It ensures equal opportunity in education and protects individuals from the harms of sex discrimination.In 2020, the Supreme Court clarified in Bostock v. Clayton County that for Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination, protections afforded against discrimination on the basis of sex necessarily include discrimination on the basis of sexual orientation and gender identity. Bostock further elaborated that discrimination based on anatomical or physiological characteristics, such as genitals, gonads, chromosomes, and hormone function is inherently sex-based discrimination. Writing for the majority, Justice Gorsuch concluded that gender identity is “inextricably bound” with sex.Courts have long held that interpretation of Title IX should reasonably be guided by legal rulings interpreting Title VII. The U.S. Department of Education and U.S. Department of Justice have made clear that this is the case for Title IX; that, in light of Bostock, protections on the basis of sex should be interpreted to include secular orientation and gender identity. Both statutes prohibit sex discrimination, with Title IX using the phrase “on the basis of sex” and Title VII using the phrase “because of” sex. The Supreme Court has used these two phrases interchangeably. Finally, numerous federal courts have relied upon Bostock to recognize that Title IX’s prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity. Even prior to the Bostock decision, the majority of federal courts held that Title IX protects trans students from discrimination and, more specifically, that trans students have the right to use restrooms that correspond with their gender identity. In Dodds v. U.S. Dept. of Education, the Sixth Circuit found that a school violated Title IX when it excluded a trans girl from the girls’ restroom – effectively discriminating against a student, based on their trans status. In Whitaker v. Kenosha Unified School District No. 1 Board of Education, the Seventh Circuit found that prohibiting a trans boy from using a restroom that correlated with his gender identity caused irreparable harm and violated Title IX. Finally, in Grimm v. Gloucester County School Board, the Fourth Circuit relied upon the Bostock ruling to find that when a school district prohibited a trans boy from using a restroom that accords with his gender identity, it violated Title IX. Furthermore, the Standards also require Virginia schools to disregard proposed regulations issued by the U.S. Department of Education regarding compliance with Title IX. These proposed regulations have not yet been made final, but once they are finalized, districts that fail to comply with these regulations are subject to a reduction in state education funding and other penalties. If adopted, the Standards put Virginia public schools at substantial risk of liability by parents and students under Title IX, put the state public education system at risk for investigation by the Dept. of Education, and risk loss of federal funding for systemic violation of Title IX. This is especially significant considering that Virginia received $2.1 billion in federal funding to support primary and secondary education in 2021. In 2023, Virginia is expected to receive $1.23 billion in federal funding in the form of grants and loans. Because of the clear and intentional conflict between the Standards and the requirements of Title IX and the improper and, frankly, unconscionable targeting of an already vulnerable group of students, it is critical that these Standards be rejected.The Standards also violate Virginia State law, specifically the Virginia Values Act (“Act”). The Act safeguards all individuals from unlawful discrimination based on a number of protected classes, including sexual orientation and gender identity. The Act also applies to places of public accommodation, which include public schools. Discrimination occurs when schools, on the basis of a protected characteristic, “...refuse, withhold from, or deny any individual, or to attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges, or to segregate or discriminate against any such person in the use thereof….” The Standards seek to withhold access to school facilities and sports to trans students, segregate them based on their sex and gender identity, and create a hostile environment for trans students by requiring teachers to misgender and deadname them. The Standards perpetuate the very discrimination the Act was designed to protect against, setting up every Virginia school for liability under state law. The Virginia State Board of Education has a clear duty: you must reject the proposed Standards and comply with federal and state laws and that protects all Virginia students. The Board must not intensify the unnecessary and cruel victimization of trans and nonconforming students that is being proposed here. If you have any questions regarding American Atheists’ opposition to the Standards, please contact me at bwilliams@atheists.org. Sincerely,Brittany WilliamsState Policy CounselAmerican Atheists

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"October 26, 2022\n\nJillian Balow\nSuperintendent of Public Instruction, Virginia State Department of Education\nJames Monroe Building\n101 N 14th Street\nRichmond, Virginia 23218\n\nRe:\tOPPOSE - American Atheists’ opposition to dangerous and discriminatory \nproposed Standards pertaining to trans students\n\nDear Superintendent Balow and Members of the Virginia State Board of Education:\n\nAmerican Atheists, on behalf of its more than 1,700 constituents in Virginia, strongly opposes the proposed Standards introduced by Governor Youngkin and the Virginia Board of Education (“Standards”) that requires Virginia school districts to oppose and disregard federal Title IX guidance concerning trans students as well as state law.  These proposed Standards will undeniably intensify systemic discrimination against trans and gender nonconforming students in Virginia and result in liability for those school districts who adhere to the bad advice promulgated by the Department. As the Virginia Board of Education (“Board”), it is your critical responsibility to ensure the safety and education of ALL students in Virginia public schools. Enacting these Standards would directly violate that duty. On its face, the Standards allows schools to prohibit trans youth from participating in sports with their peers, limit their access to appropriate school facilities for their gender, and misgender and deadname students. We strongly urge you to reject these proposed Standards because these and other provisions directly conflict with both state law and federal Title IX requirements.\n\nAmerican Atheists is a national civil rights organization that works to achieve religious equality for all Americans by protecting what Thomas Jefferson called the “wall of separation” between government and religion created by the First Amendment. We strive to create an environment where atheism and atheists are accepted as members of our nation’s communities and where casual bigotry against our community is seen as abhorrent and unacceptable. We promote understanding of atheists through education, outreach, and community-building and work to end the stigma associated with being an atheist in America. We reject efforts to undermine the education, acceptance, and well-being of gender diverse students based on the religious beliefs of lawmakers and educators.\n\nThe Standards stigmatize and openly discriminate against trans students for acting in accordance with their beliefs, health care needs, and gender identity. This type of official disapproval from the state would place a target on the backs of trans children, leaving them far more susceptible to bullying and harassment by their peers and community members as well as discrimination by school staff. The 2015 U.S. Transgender Survey concluded that 17% of the transgender students left a school at least once as a result of such severe mistreatment at a K-12 institution.  The survey also described the rampant bullying and harassment that trans students already face, finding that: \n\n•\tFifty-four percent (54%) of those who were out or perceived as trans in K–12 were verbally harassed, and 24% were physically attacked; and\n•\tSeventeen percent (17%) of those who were out or perceived as trans were forced out of a K–12 school because the mistreatment was so severe.\n\nThe Standards also restrict access to public facilities, such as restrooms. Doing so not only violates Title IX, but also puts students at risk for assault. In fact, trans teens with restricted access bathroom facilities were found to be at a higher risk for sexual assault.  36% of trans and non-conforming teens between the ages of 13-17 with restricted access to public facilities reported being sexually assaulted. Moreover, studies have demonstrated that there has been no link between trans-inclusive policies and increased safety and privacy violations in public facilities.  There is simply no data to support these harmful and discriminatory Standards. \n\nAdditionally, the Standards allow school officials to intentionally misgender and deadname students. The Standards claim that school officials may only use the student’s correct name and pronouns with a court order. While this may be appropriate for official records, there is simply no good reason to restrict how teachers and staff address students, so long as it is done respectfully. To purposefully misgender and use incorrect pronouns for trans students, which is known to exacerbate gender dysphoria and be psychologically damaging to trans students, is needless cruelty. \n\nMoreover, the Standards further stigmatizes trans children by purposefully excluding them from participating in sports citing physiological unfairness. Data has shown that, especially minors, a person’s genetic make-up and internal and external reproductive anatomy alone are not useful indicators of athletic ability.  \n\nIn a 2014 survey of trans people, nearly 33% of participants felt very stigmatized when misgendered.  Misgendering was also found to result in participants feeling lesser authenticity and lower confidence in their appearance. Deadnaming or using old names for trans people rather than the names they identify with, has similar effects, resulting in depression, suicidal ideation, and suicidal behavior.  In comparison to their cisgender counterparts, the 2015 U.S. Transgender Survey showed that 52% of transgender adults who suffered anti-transgender treatment in grades K-12 had attempted suicide at least once by the time they participated in the survey.  In contrast, the number of transgender students who did attempt suicide, but did not suffer mistreatment at school dropped by 15%.\n\nEven with a court order affirming a student’s name and pronouns, the Standards still allow school officials to misgender students, supposedly based on their First Amendment rights.  Conversely, and tellingly, there is no protection for teachers or staff who assert their First Amendment right to use a student’s preferred name and pronouns -- only if they refuse to do so. Regardless, this supposed First Amendment right for teachers and staff to misgender trans students is not supported by law, it would allow teachers to openly discriminate against trans students in contradiction of Virginia state law and Title IX, and it exposes these students to additional bullying and harassment by their peers. Despite the Standards’ supposed recognition of parent’s rights, when parents support their trans children, the Standards would allow or even require teachers and school staff to act directly against their interests. \n\nMedical authorities have long established that social transition can be medically necessary and beneficial health care for trans youth.  However, if trans youth are not protected from harassment based on gender identity and expression, they are more likely to suffer lifelong negative psychological consequences. Overall, these Standards are immensely harmful to trans students, posing both extensive physical and psychological risks. We urge you to reject the Standards and remain mindful of your responsibilities to all students in Virginia, regardless of their gender identity or expression. \n\nThe proposed Standards encourage schools to directly violate the legal requirements of Title IX as well as Virginia state law.\n\nTitle IX of the Educational Amendments of 1972  establishes that: \n\nNo person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. \n\nTitle IX applies to all educational institutions that receive federal funding, including the Virginia Department of Education and all Virginia public schools. It ensures equal opportunity in education and protects individuals from the harms of sex discrimination.\nIn 2020, the Supreme Court clarified in Bostock v. Clayton County that for Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination, protections afforded against discrimination on the basis of sex necessarily include discrimination on the basis of sexual orientation and gender identity.  Bostock further elaborated that discrimination based on anatomical or physiological characteristics, such as genitals, gonads, chromosomes, and hormone function is inherently sex-based discrimination. Writing for the majority, Justice Gorsuch concluded that gender identity is “inextricably bound” with sex.\n\nCourts have long held that interpretation of Title IX should reasonably be guided by legal rulings interpreting Title VII. The U.S. Department of Education  and U.S. Department of Justice  have made clear that this is the case for Title IX; that, in light of Bostock, protections on the basis of sex should be interpreted to include secular orientation and gender identity. Both statutes prohibit sex discrimination, with Title IX using the phrase “on the basis of sex” and Title VII using the phrase “because of” sex. The Supreme Court has used these two phrases interchangeably. Finally, numerous federal courts have relied upon Bostock to recognize that Title IX’s prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity. \n\nEven prior to the Bostock decision, the majority of federal courts held that Title IX protects trans students from discrimination and, more specifically, that trans students have the right to use restrooms that correspond with their gender identity. In Dodds v. U.S. Dept. of Education, the Sixth Circuit found that a school violated Title IX when it excluded a trans girl from the girls’ restroom – effectively discriminating against a student, based on their trans status.  In Whitaker v. Kenosha Unified School District No. 1 Board of Education, the Seventh Circuit found that prohibiting a trans boy from using a restroom that correlated with his gender identity caused irreparable harm and violated Title IX.  Finally, in Grimm v. Gloucester County School Board, the Fourth Circuit relied upon the Bostock ruling to find that when a school district prohibited a trans boy from using a restroom that accords with his gender identity, it violated Title IX.  \n\nFurthermore, the Standards also require Virginia schools to disregard proposed regulations  issued by the U.S. Department of Education regarding compliance with Title IX. These proposed regulations have not yet been made final, but once they are finalized, districts that fail to comply with these regulations are subject to a reduction in state education funding and other penalties. \n\nIf adopted, the Standards put Virginia public schools at substantial risk of liability by parents and students under Title IX, put the state public education system at risk for investigation by the Dept. of Education, and risk loss of federal funding for systemic violation of Title IX. This is especially significant considering that Virginia received $2.1 billion in federal funding to support primary and secondary education in 2021.  In 2023, Virginia is expected to receive $1.23 billion in federal funding in the form of grants and loans.  Because of the clear and intentional conflict between the Standards and the requirements of Title IX and the improper and, frankly, unconscionable targeting of an already vulnerable group of students, it is critical that these Standards be rejected.\n\nThe Standards also violate Virginia State law, specifically the Virginia Values Act (“Act”).  The Act safeguards all individuals from unlawful discrimination based on a number of protected classes, including sexual orientation and gender identity. The Act also applies to places of public accommodation, which include public schools. Discrimination occurs when schools, on the basis of a protected characteristic, “...refuse, withhold from, or deny any individual, or to attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges, or to segregate or discriminate against any such person in the use thereof….” The Standards seek to withhold access to school facilities and sports to trans students, segregate them based on their sex and gender identity, and create a hostile environment for trans students by requiring teachers to misgender and deadname them. The Standards perpetuate the very discrimination the Act was designed to protect against, setting up every Virginia school for liability under state law. \n\nThe Virginia State Board of Education has a clear duty: you must reject the proposed Standards and comply with federal and state laws and that protects all Virginia students. The Board must not intensify the unnecessary and cruel victimization of trans and nonconforming students that is being proposed here. If you have any questions regarding American Atheists’ opposition to the Standards, please contact me at bwilliams@atheists.org. \n\nSincerely,\n\n\nBrittany Williams\nState Policy Counsel\nAmerican Atheists\n\n\n\n\n\n\n"}'>October 26, 2022

Jillian Balow
Superintendent of Public Instruction, Virginia State Department of Education
James Monroe Building
101 N 14th Street
Richmond, Virginia 23218

Re: OPPOSE - American Atheists’ opposition to dangerous and discriminatory
proposed Standards pertaining to trans students

Dear Superintendent Balow and Members of the Virginia State Board of Education:

American Atheists, on behalf of its more than 1,700 constituents in Virginia, strongly opposes the proposed Standards introduced by Governor Youngkin and the Virginia Board of Education (“Standards”) that requires Virginia school districts to oppose and disregard federal Title IX guidance concerning trans students as well as state law. These proposed Standards will undeniably intensify systemic discrimination against trans and gender nonconforming students in Virginia and result in liability for those school districts who adhere to the bad advice promulgated by the Department. As the Virginia Board of Education (“Board”), it is your critical responsibility to ensure the safety and education of ALL students in Virginia public schools. Enacting these Standards would directly violate that duty. On its face, the Standards allows schools to prohibit trans youth from participating in sports with their peers, limit their access to appropriate school facilities for their gender, and misgender and deadname students. We strongly urge you to reject these proposed Standards because these and other provisions directly conflict with both state law and federal Title IX requirements.

American Atheists is a national civil rights organization that works to achieve religious equality for all Americans by protecting what Thomas Jefferson called the “wall of separation” between government and religion created by the First Amendment. We strive to create an environment where atheism and atheists are accepted as members of our nation’s communities and where casual bigotry against our community is seen as abhorrent and unacceptable. We promote understanding of atheists through education, outreach, and community-building and work to end the stigma associated with being an atheist in America. We reject efforts to undermine the education, acceptance, and well-being of gender diverse students based on the religious beliefs of lawmakers and educators.

The Standards stigmatize and openly discriminate against trans students for acting in accordance with their beliefs, health care needs, and gender identity. This type of official disapproval from the state would place a target on the backs of trans children, leaving them far more susceptible to bullying and harassment by their peers and community members as well as discrimination by school staff. The 2015 U.S. Transgender Survey concluded that 17% of the transgender students left a school at least once as a result of such severe mistreatment at a K-12 institution. The survey also described the rampant bullying and harassment that trans students already face, finding that:

• Fifty-four percent (54%) of those who were out or perceived as trans in K–12 were verbally harassed, and 24% were physically attacked; and
• Seventeen percent (17%) of those who were out or perceived as trans were forced out of a K–12 school because the mistreatment was so severe.

The Standards also restrict access to public facilities, such as restrooms. Doing so not only violates Title IX, but also puts students at risk for assault. In fact, trans teens with restricted access bathroom facilities were found to be at a higher risk for sexual assault. 36% of trans and non-conforming teens between the ages of 13-17 with restricted access to public facilities reported being sexually assaulted. Moreover, studies have demonstrated that there has been no link between trans-inclusive policies and increased safety and privacy violations in public facilities. There is simply no data to support these harmful and discriminatory Standards.

Additionally, the Standards allow school officials to intentionally misgender and deadname students. The Standards claim that school officials may only use the student’s correct name and pronouns with a court order. While this may be appropriate for official records, there is simply no good reason to restrict how teachers and staff address students, so long as it is done respectfully. To purposefully misgender and use incorrect pronouns for trans students, which is known to exacerbate gender dysphoria and be psychologically damaging to trans students, is needless cruelty.

Moreover, the Standards further stigmatizes trans children by purposefully excluding them from participating in sports citing physiological unfairness. Data has shown that, especially minors, a person’s genetic make-up and internal and external reproductive anatomy alone are not useful indicators of athletic ability.

In a 2014 survey of trans people, nearly 33% of participants felt very stigmatized when misgendered. Misgendering was also found to result in participants feeling lesser authenticity and lower confidence in their appearance. Deadnaming or using old names for trans people rather than the names they identify with, has similar effects, resulting in depression, suicidal ideation, and suicidal behavior. In comparison to their cisgender counterparts, the 2015 U.S. Transgender Survey showed that 52% of transgender adults who suffered anti-transgender treatment in grades K-12 had attempted suicide at least once by the time they participated in the survey. In contrast, the number of transgender students who did attempt suicide, but did not suffer mistreatment at school dropped by 15%.

Even with a court order affirming a student’s name and pronouns, the Standards still allow school officials to misgender students, supposedly based on their First Amendment rights. Conversely, and tellingly, there is no protection for teachers or staff who assert their First Amendment right to use a student’s preferred name and pronouns -- only if they refuse to do so. Regardless, this supposed First Amendment right for teachers and staff to misgender trans students is not supported by law, it would allow teachers to openly discriminate against trans students in contradiction of Virginia state law and Title IX, and it exposes these students to additional bullying and harassment by their peers. Despite the Standards’ supposed recognition of parent’s rights, when parents support their trans children, the Standards would allow or even require teachers and school staff to act directly against their interests.

Medical authorities have long established that social transition can be medically necessary and beneficial health care for trans youth. However, if trans youth are not protected from harassment based on gender identity and expression, they are more likely to suffer lifelong negative psychological consequences. Overall, these Standards are immensely harmful to trans students, posing both extensive physical and psychological risks. We urge you to reject the Standards and remain mindful of your responsibilities to all students in Virginia, regardless of their gender identity or expression.

The proposed Standards encourage schools to directly violate the legal requirements of Title IX as well as Virginia state law.

Title IX of the Educational Amendments of 1972 establishes that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX applies to all educational institutions that receive federal funding, including the Virginia Department of Education and all Virginia public schools. It ensures equal opportunity in education and protects individuals from the harms of sex discrimination.
In 2020, the Supreme Court clarified in Bostock v. Clayton County that for Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination, protections afforded against discrimination on the basis of sex necessarily include discrimination on the basis of sexual orientation and gender identity. Bostock further elaborated that discrimination based on anatomical or physiological characteristics, such as genitals, gonads, chromosomes, and hormone function is inherently sex-based discrimination. Writing for the majority, Justice Gorsuch concluded that gender identity is “inextricably bound” with sex.

Courts have long held that interpretation of Title IX should reasonably be guided by legal rulings interpreting Title VII. The U.S. Department of Education and U.S. Department of Justice have made clear that this is the case for Title IX; that, in light of Bostock, protections on the basis of sex should be interpreted to include secular orientation and gender identity. Both statutes prohibit sex discrimination, with Title IX using the phrase “on the basis of sex” and Title VII using the phrase “because of” sex. The Supreme Court has used these two phrases interchangeably. Finally, numerous federal courts have relied upon Bostock to recognize that Title IX’s prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity.

Even prior to the Bostock decision, the majority of federal courts held that Title IX protects trans students from discrimination and, more specifically, that trans students have the right to use restrooms that correspond with their gender identity. In Dodds v. U.S. Dept. of Education, the Sixth Circuit found that a school violated Title IX when it excluded a trans girl from the girls’ restroom – effectively discriminating against a student, based on their trans status. In Whitaker v. Kenosha Unified School District No. 1 Board of Education, the Seventh Circuit found that prohibiting a trans boy from using a restroom that correlated with his gender identity caused irreparable harm and violated Title IX. Finally, in Grimm v. Gloucester County School Board, the Fourth Circuit relied upon the Bostock ruling to find that when a school district prohibited a trans boy from using a restroom that accords with his gender identity, it violated Title IX.

Furthermore, the Standards also require Virginia schools to disregard proposed regulations issued by the U.S. Department of Education regarding compliance with Title IX. These proposed regulations have not yet been made final, but once they are finalized, districts that fail to comply with these regulations are subject to a reduction in state education funding and other penalties.

If adopted, the Standards put Virginia public schools at substantial risk of liability by parents and students under Title IX, put the state public education system at risk for investigation by the Dept. of Education, and risk loss of federal funding for systemic violation of Title IX. This is especially significant considering that Virginia received $2.1 billion in federal funding to support primary and secondary education in 2021. In 2023, Virginia is expected to receive $1.23 billion in federal funding in the form of grants and loans. Because of the clear and intentional conflict between the Standards and the requirements of Title IX and the improper and, frankly, unconscionable targeting of an already vulnerable group of students, it is critical that these Standards be rejected.

The Standards also violate Virginia State law, specifically the Virginia Values Act (“Act”). The Act safeguards all individuals from unlawful discrimination based on a number of protected classes, including sexual orientation and gender identity. The Act also applies to places of public accommodation, which include public schools. Discrimination occurs when schools, on the basis of a protected characteristic, “...refuse, withhold from, or deny any individual, or to attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges, or to segregate or discriminate against any such person in the use thereof….” The Standards seek to withhold access to school facilities and sports to trans students, segregate them based on their sex and gender identity, and create a hostile environment for trans students by requiring teachers to misgender and deadname them. The Standards perpetuate the very discrimination the Act was designed to protect against, setting up every Virginia school for liability under state law.

The Virginia State Board of Education has a clear duty: you must reject the proposed Standards and comply with federal and state laws and that protects all Virginia students. The Board must not intensify the unnecessary and cruel victimization of trans and nonconforming students that is being proposed here. If you have any questions regarding American Atheists’ opposition to the Standards, please contact me at bwilliams@atheists.org.

Sincerely,

Brittany Williams
State Policy Counsel
American Atheists


Agree with Governor Youngkin's proposed policies

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I agree with the proposed policies.  Parental rights must be protected in the raising of their own children, and the norms of the majority should be respected.


Stop Hurting Trans Kids!!

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Do NOT pass this bill!! Protect trans kids today, tomorrow, and forever!


Oppose

As an educator it is my job to create an environment that is safe and affirming for ALL my students so they can learn and achieve to their potential. ALL students require individualized support and my trans and non-binary students are no different. ALL students deserve to be called by their preferred name and pronouns and for their identity to be respected, affirmed, and protected— especially when they are not yet ready to share this very personal information more broadly. I have seen first hand how the support of an adult or lack thereof can profoundly impact a trans or non-binary student. We have a duty to keep all of our students safe and to remind them of their inherent value and worth—that they are cared for deeply.How can we claim to care about the students of Virginia if we choose to strip them of protections that make them feel seen and safe? How can we force teachers to inflict truly life-threatening harm by requiring them to routinely ignore student needs, pretending their true identity doesn’t exist in the classroom? We cannot and we will not. I have not taught my students common decency, empathy, and compassion to turn my back on them now. I strongly oppose Glenn Youngkin’s proposed anti-trans student policies. Please do not allow it to advance any further. Our students deserve better. Trans and non-binary students of Virginia, you belong and you are loved.

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"As an educator it is my job to create an environment that is safe and affirming for ALL my students so they can learn and achieve to their potential. ALL students require individualized support and my trans and non-binary students are no different. ALL students deserve to be called by their preferred name and pronouns and for their identity to be respected, affirmed, and protected— especially when they are not yet ready to share this very personal information more broadly. I have seen first hand how the support of an adult or lack thereof can profoundly impact a trans or non-binary student. We have a duty to keep all of our students safe and to remind them of their inherent value and worth—that they are cared for deeply.\n\nHow can we claim to care about the students of Virginia if we choose to strip them of protections that make them feel seen and safe? How can we force teachers to inflict truly life-threatening harm by requiring them to routinely ignore student needs, pretending their true identity doesn’t exist in the classroom? We cannot and we will not. I have not taught my students common decency, empathy, and compassion to turn my back on them now. I strongly oppose Glenn Youngkin’s proposed anti-trans student policies. Please do not allow it to advance any further. Our students deserve better. \n\nTrans and non-binary students of Virginia, you belong and you are loved. "}'>As an educator it is my job to create an environment that is safe and affirming for ALL my students so they can learn and achieve to their potential. ALL students require individualized support and my trans and non-binary students are no different. ALL students deserve to be called by their preferred name and pronouns and for their identity to be respected, affirmed, and protected— especially when they are not yet ready to share this very personal information more broadly. I have seen first hand how the support of an adult or lack thereof can profoundly impact a trans or non-binary student. We have a duty to keep all of our students safe and to remind them of their inherent value and worth—that they are cared for deeply.

How can we claim to care about the students of Virginia if we choose to strip them of protections that make them feel seen and safe? How can we force teachers to inflict truly life-threatening harm by requiring them to routinely ignore student needs, pretending their true identity doesn’t exist in the classroom? We cannot and we will not. I have not taught my students common decency, empathy, and compassion to turn my back on them now. I strongly oppose Glenn Youngkin’s proposed anti-trans student policies. Please do not allow it to advance any further. Our students deserve better.

Trans and non-binary students of Virginia, you belong and you are loved.


Oppose

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This policy is stupid. All it does is harm the very kids the administration is supposed to protect. They say they're "pro-life" until that life doesn't explicitly follow their weird guidelines


Please support trans and non-binary students

As the mom of a trans child I can’t tell you how important it is to support these kids-and to understand that many parents are NOT supportive so school atmosphere is critical to the well-being of these kids. I have witnessed parents who weren’t supportive and having the double whammy of going to school and having to be ostracized can truly harm these kids.Please reconsider for the mental health of these kids.

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"As the mom of a trans child I can’t tell you how important it is to support these kids-and to understand that many parents are NOT supportive so school atmosphere is critical to the well-being of these kids. I have witnessed parents who weren’t supportive and having the double whammy of going to school and having to be ostracized can truly harm these kids.\n\nPlease reconsider for the mental health of these kids."}'>As the mom of a trans child I can’t tell you how important it is to support these kids-and to understand that many parents are NOT supportive so school atmosphere is critical to the well-being of these kids. I have witnessed parents who weren’t supportive and having the double whammy of going to school and having to be ostracized can truly harm these kids.

Please reconsider for the mental health of these kids.


Oppose

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"The decision of whether to include/exclude transgender students in school sports, outings, class, and other activities is a life or death decision for so many. A large piece of suicide prevention is treating all people with love and empathy. I urge all lawmakers, school board members, and student advocates to consider whether this type of exclusionary policy is really worth the life of a child. If your answer is yes, I then urge you to reconsider your career path. There is nothing worthy, just, or kind about making it even harder for our children to live full lives. Penalizing teachers for supporting transgender children endangers the lives of these children; forcing teachers and administrations to effectively “out” transgender students is definitively putting those students in harm’s way. Making it punishable to refer to students by their chosen names and pronouns is intentionally harmful - especially when so much research exists around the correlation between acceptance of oneself and mental wellness. Our children - regardless of their position in or outside of the gender binary - deserve to be wholly loved, included, and celebrated as the incredible human beings they are."}'>The decision of whether to include/exclude transgender students in school sports, outings, class, and other activities is a life or death decision for so many. A large piece of suicide prevention is treating all people with love and empathy. I urge all lawmakers, school board members, and student advocates to consider whether this type of exclusionary policy is really worth the life of a child. If your answer is yes, I then urge you to reconsider your career path. There is nothing worthy, just, or kind about making it even harder for our children to live full lives. Penalizing teachers for supporting transgender children endangers the lives of these children; forcing teachers and administrations to effectively “out” transgender students is definitively putting those students in harm’s way. Making it punishable to refer to students by their chosen names and pronouns is intentionally harmful - especially when so much research exists around the correlation between acceptance of oneself and mental wellness. Our children - regardless of their position in or outside of the gender binary - deserve to be wholly loved, included, and celebrated as the incredible human beings they are.


Oppose

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value="{"1":2,"2":"I support our trans and non-binary children. The governor and department of education should do EVERYTHING in their power to make ALL children comfortable in their learning environment! Whatever that takes! It was not too long ago that African American students were fighting for their education! Let's stop segregating humans of all kinds and, instead, provide them a safe, welcoming environment where they can learn to, among other things, be themselves!"}">I support our trans and non-binary children. The governor and department of education should do EVERYTHING in their power to make ALL children comfortable in their learning environment! Whatever that takes! It was not too long ago that African American students were fighting for their education! Let's stop segregating humans of all kinds and, instead, provide them a safe, welcoming environment where they can learn to, among other things, be themselves!


Protect trans* and non-binary children

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I strongly oppose any legislation that takes away the rights and safety of trans* and non-binary children. Keep our children safe while allowing them to explore their identities and  understand their path in life.


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I oppose this in the strongest possible manor.


Strongly Oppose

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The proposed model rules violate both students' and teachers' first amendment rights by unreasonably constraining speech with no strong government interest. Further, there's no rational basis for these model rules.

The model rules specifically target trans kids on the basis of their sex and violate the equal protection clause of the constitution and the civil rights act's protections against sex-based discrimination in public schools.

The model rules unfairly target historically burdened communities (trans and nonbinary people) for purely political reasons. They do not serve the best interest of children, which should be the priority. Mouthservice to "parents rights" fails to carry any water since these rules require teachers and school officials to come between the parent and child relationship.

These rules will inflict real harm on children. For all these reasons, the model rules should not be adopted.


Oppose

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Support trans and non-binary students in RVA and Virginia! There’s no room for hate or discrimination, and the only people that think it’s “distracting” or “inappropriate” are using that as thinly-veiled hate.


Strongly oppose - harms children

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This policy is detrimental to the mental health and well-being of children who identify as transgender. These kids are already often marginalized in school and society. Supportive school policies allow them to continue their education without the mental stress of hiding their identities. There is already a significant youth mental health crisis in this country - don’t make it worse.


Strongly Oppose

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My name is Ian Hoban and I am in the first semester of my Master’s program pursuing a degree in Clinical Mental Health Counseling. I am writing to you to express my strong opposition to the 2022 Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools in their current form. I am not providing this comment from the perspective of an expert, as that would be disingenuous given my only having just begun my studies in this field. Instead I am speaking as an ally of the LGBTQIA+ community, a supporter of transgender students, and a concern citizen of the state of Virginia.

The 2022 Policy includes the language of meeting, “the individual needs of all students entrusted to their care,” as well as the recognition, “that each child is a unique individual with distinctive abilities and characteristics that should be valued and respected,” which on the surface implies an equitable approach toward the educational experiences of all children; presumably including transgender children. What follows is an assertion of “collective responsibility” regarding the treatment of transgender students “with necessary compassion and respect for all students”, which appears to work against the equitable stance previously stated above; as the unique needs of transgender children do not wholly apply to all children as the language of this text indicates. In fact, there is evidence that the proposed policy as written may expose transgender children to harm by devaluing and disrespecting them, which is antithetical to the values espoused in the guidance.

Next, comes an invoking of the Fourteenth Amendment of the U.S. Constitution on the grounds of affirming the rights of parents “to direct the care, upbringing, and education of their children”, which is a blatant misinterpretation of this Amendment. The Fourteenth Amendment aims to protect the “privileges or immunities of citizens of the United States” and further elaborates that no State may “deprive any person of life, liberty, or property” nor may it “deny to any person within its jurisdiction the equal protection of the laws.” This Amendment would arguably be more accurately applied in support of the protections of the 2021 Model Policies, as guaranteeing the rights of transgender students to the above-mentioned freedoms as citizens of the United States.

In light of this, again I urge the Virginia Department of Education to reject the 2022 Model Policies for the Treatment of Transgender Students. Instead, I would encourage the adoption of the protections contained in the 2021 Model Policies, in order to guarantee that transgender students receive the high-quality education you openly express to support.


Please leave transgender and non-binary kids to live and learn as themselves

Dear Gov. Youngkin,I’m not sure if you know any kids, but all they want and need in the world is to be loved and cherished for their whole authentic selves, to be supported and applauded as they do the impossible work of discovering themselves. It is a terrible distraction and a tragedy to publicly probe and interrogate them as they find their unique identities.. please allow children with the loving guidance of their parents, doctors, and communities to grow into whatever whole human they are. Do not waste educational time questioning students’ sexuality and gender identities.. they should be learning math and history. They should be learning how to earn a sun save money and drive a car. They should be learning about themselves and feeling the unconditional love and suppsrt from their communities. Do not put policies into place that put them at risk of harm, that homogenize our communities, that threaten self love and self- awareness. Accommodate their needs and growth! Protect transgender and non-binary kids!

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"Dear Gov. Youngkin,\nI’m not sure if you know any kids, but all they want and need in the world is to be loved and cherished for their whole authentic selves, to be supported and applauded as they do the impossible work of discovering themselves. It is a terrible distraction and a tragedy to publicly probe and interrogate them as they find their unique identities.. please allow children with the loving guidance of their parents, doctors, and communities to grow into whatever whole human they are. Do not waste educational time questioning students’ sexuality and gender identities.. they should be learning math and history. They should be learning how to earn a sun save money and drive a car. They should be learning about themselves and feeling the unconditional love and suppsrt from their communities. Do not put policies into place that put them at risk of harm, that homogenize our communities, that threaten self love and self- awareness.  Accommodate their needs and growth! Protect transgender and non-binary kids!"}'>Dear Gov. Youngkin,
I’m not sure if you know any kids, but all they want and need in the world is to be loved and cherished for their whole authentic selves, to be supported and applauded as they do the impossible work of discovering themselves. It is a terrible distraction and a tragedy to publicly probe and interrogate them as they find their unique identities.. please allow children with the loving guidance of their parents, doctors, and communities to grow into whatever whole human they are. Do not waste educational time questioning students’ sexuality and gender identities.. they should be learning math and history. They should be learning how to earn a sun save money and drive a car. They should be learning about themselves and feeling the unconditional love and suppsrt from their communities. Do not put policies into place that put them at risk of harm, that homogenize our communities, that threaten self love and self- awareness. Accommodate their needs and growth! Protect transgender and non-binary kids!


Support 100%

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<p>Support Governor Youngkin and parents rights in raising and guiding their children. </p>


Oppose

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Let kids be who they are! The government has no place telling my child what he can be called. It is absolutely ridiculous to me in 2022, that we are even discussing a law that would make children’s life’s more difficult for just being who THEY ARE!!! We have enough issues in our schools to add one more thing kids can be bullied about is inconceivable to me!


Oppose

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Please do not pass this policy that unfairly targets trans kids.


Support - Follow the science

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<p>There is nothing in the new policy that harms transgender children.  The previous policy, put forth by an administration that nominally 'followed the science', ignored the currently immutable X and Y chromosome counts that define a male and a female.  Redefinition of reality doesn't make it real.  </p>


Protect Transgender Students! WE STRONGLY OPPOSE 2022 proposed policies!

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Our organization has been working with families of transgender and nonbinary youth for over a decade. Family support is the number one protective factor for transgender youth. Fewer than 1 in 3 transgender and nonbinary youth found their home to be gender affirming. (thetrevorproject.org) It will be dangerous for many students to notify the parent/guardian about their gender identity without their permission.

It often takes time for a family to accept their child's gender diversity. It is sometimes a slow process in which they need time to seek quality resources and learn how to be supportive. When pronouns are respected and used, suicide rates are drastically reduced. Depression symptoms are reduced by 71% and thoughts of suicide are reduced by 34% (thetrevorproject.org). Just one truly supportive adult in a trans person's life can reduce self harm and thoughts of suicide. That one adult might be a trusted teacher or a school counselor.

If the proposed policies were truly about parental rights, then the rights of transgender and nonbinary students' parents would be respected. No one in any school (students, teachers, administrators, or community members) would be allowed to refuse to use a trans student's name and pronouns based on their own belief system. Instead, the school would require everyone to respectfully recognize each person in the manner they prefer, provide sensitivity/diversity training to overcome personal biases, and learn how to create a school climate that is welcoming to everyone. A sense of belonging, being addresses properly, having access to facilities and activities, and learning in an environment that is free from bullying and harassment is a right all students deserve. ALL Students needs to Include Trans Students. This policy takes away basic respect and dignity from transgender and nonbinary students and puts them in harms way.

Superintendent Balow, rescind the proposed 2022 model policies and maintain and urge VA Public School districts to adopt and follow the current model policies which actual protect transgender and nonbinary students. When all students do well...all students do well.

Suggested resource: Transgender Students in School Bathrooms and Schools in Transition are excellent comprehensive resources that can help all schools know how to implement the 2021 model policies. Each school can learn how to create a positive school climate, methods of supervision, and behavior expectations that will support all students.

Trans students have always existed. Trans students' rights should not be up for debate.

He She Ze and We, a 501(c)(3) organization in Virginia, proudly empowering families on the journey of gender identity through support, education, and advocacy.


Oppose

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value="{"1":2,"2":"Youngkin's newest policy regarding trans and non-binary students is extremist, disgusting, and a dangerous reversal of the social progress made accross the Commonwealth of Virginia. With critical teacher shortages and vast resource inequities across public school districts, Virginian parents have far more pressing concerns than this distracting culture war being used as a political stunt. Glen Youngkin will exploit anything and anyone for political gain, and this policy is nothing more than red-meat for an emerging far right faction far too extreme for the average Virginian. For a governor claiming to have an education-focused agenda, Youngkin is more concerned with ruining education for trans kids, than improving education for Virginians. This is not the school-choice, parental freedom argument he is pushing. It is a self-centered attention grab that has nothing to do with the concerns of this state. Governor Youngkin, instead of targeting innocent children's gender expression, try actually improving their educational experience. Test scores have plummeted in reading and math since the pandemic, yet all republicans want to do is worry about the gender expression of children. From a party of supposed small government and individual rights, this policy is nauseatingly creepy and invasive, and has no place in this Commonwealth."}">Youngkin's newest policy regarding trans and non-binary students is extremist, disgusting, and a dangerous reversal of the social progress made accross the Commonwealth of Virginia. With critical teacher shortages and vast resource inequities across public school districts, Virginian parents have far more pressing concerns than this distracting culture war being used as a political stunt. Glen Youngkin will exploit anything and anyone for political gain, and this policy is nothing more than red-meat for an emerging far right faction far too extreme for the average Virginian. For a governor claiming to have an education-focused agenda, Youngkin is more concerned with ruining education for trans kids, than improving education for Virginians. This is not the school-choice, parental freedom argument he is pushing. It is a self-centered attention grab that has nothing to do with the concerns of this state. Governor Youngkin, instead of targeting innocent children's gender expression, try actually improving their educational experience. Test scores have plummeted in reading and math since the pandemic, yet all republicans want to do is worry about the gender expression of children. From a party of supposed small government and individual rights, this policy is nauseatingly creepy and invasive, and has no place in this Commonwealth.


Opposition to the Model Policies

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Planned Parenthood Advocates for DC, Maryland & NoVa (PPADMV) submits these comments in strong opposition to the Model Policies for the Treatment of Transgender Students in Virginia’s Public Schools. PPADMV is Planned Parenthood of Metropolitan Washington, DC’s and Planned Parenthood of Maryland’s shared 501(c)(4) advocacy organization.

The attacks on transgender youth by Governor Youngkin, crystallized in the Model Policies, are unspeakably cruel and put people’s health and lives at risk. They must stop. Our rights should not depend on what state we live in, yet Governor Youngkin and his allies are working overtime to attack the rights of transgender people in Virginia. The Model Policies are attempts by politicians to control Virginians’ lives, bodies, and futures in order for them to maintain power. In 2021 alone, more than 130 bills were introduced across the country to limit the rights of transgender people and 13 were enacted, making it the worst year on record for anti-transgender legislation.

When people are truly seen and cared for, their lives, their families’ lives, and their communities are better and healthier. We are committed to improving the way transgender people receive health care in our region and proudly work with the transgender community to eliminate barriers to care. LGBTQIA+ rights and reproductive rights are inextricably intertwined, both arising from the fundamental right to bodily autonomy and reproductive freedom. PPADMV will continue to be part of the fight for the right of everyone to access the health care and other support they need. We urge you to withdraw these Model Policies and protect transgender students in Virginia.


I oppose Youngkin’s proposed policy

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"As a resident of Henrico County, I OPPOSE Youngkin’s draft model policy that targets and discriminates against trans and non-binary youth in Virginia. Not only is this proposal discriminatory; it is downright dangerous. A survey conducted by the Trevor Project released earlier this year found rising rates of suicidal thoughts, as well as significant disparities among trans youth and LGBTQ youth of color. It is negligent to deny trans and non-binary youth the support and equality they need AND have a right to as citizens. By misgendering and/or exposing or “outing” youth to their legal guardians, you are directly threatening their well-being and mental health. No one deserves to be mistreated, especially in an environment that is specifically created & publicly funded to offer education and support to youth. It is such a crucial moment in a young person’s life to have access to the necessary support they need, or at the very least, to not be directly targeted and discriminated against. As someone who has several trans and non-binary family members and friends, this proposal directly effects me and the people I love. There are countless members of our community that this will hurt, whether directly or peripherally. Someone you love might be trans or non-binary. I STRONGLY OPPOSE YOUNGKIN’S PROPOSED POLICY CHANGE."}'>As a resident of Henrico County, I OPPOSE Youngkin’s draft model policy that targets and discriminates against trans and non-binary youth in Virginia. Not only is this proposal discriminatory; it is downright dangerous. A survey conducted by the Trevor Project released earlier this year found rising rates of suicidal thoughts, as well as significant disparities among trans youth and LGBTQ youth of color. It is negligent to deny trans and non-binary youth the support and equality they need AND have a right to as citizens. By misgendering and/or exposing or “outing” youth to their legal guardians, you are directly threatening their well-being and mental health. No one deserves to be mistreated, especially in an environment that is specifically created & publicly funded to offer education and support to youth. It is such a crucial moment in a young person’s life to have access to the necessary support they need, or at the very least, to not be directly targeted and discriminated against. As someone who has several trans and non-binary family members and friends, this proposal directly effects me and the people I love. There are countless members of our community that this will hurt, whether directly or peripherally. Someone you love might be trans or non-binary. I STRONGLY OPPOSE YOUNGKIN’S PROPOSED POLICY CHANGE.


OPPOSE 2022 DRAFT POLICY

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<p>The Department of Education should support ALL kids and this policy does NOT. Part of education is helping the development of students. It is appalling and disgusting that this policy wants to take away safety of growing youth, especially the youths that are already going through an internal struggle with body dysmorphia. The 2021 policy had priorities of making schools safe places for learning, but if we turn away from it then safety is thrown out the window. If students cannot feel safe, they cannot learn. Educators should be taught how to best support their students and their beings, so trans and nonbinary information should be taught and accepted in the education system. If we create an environment of negativity surrounding these people and their identities then we are setting them up for failure in education and life in general. This cannot be the policy of the future. Protect trans and nonbinary students! </p>


Protect Trans Youth

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<p>Every and all children should be protected while at school- regardless of how they identify. Please vote to protect trans youth. </p>


In support of Trans students

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<p>Trans youth are extremely vulnerable while exploring and expressing their identities. Schools should be a supportive environment that validates students for who they are. The 2022 model policies would create hostile environments in schools, causing detrimental impacts on the mental health and physical wellbeing of trans youth. </p>


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I Support Parent's Rights & This New Policy From Our New Governor! I have lived in Virginia 52 years and the last administration in the Governor's mansion has taken a catastrophic toll on the members of the Commonwealth. It is time to reverse some of the terrible laws and policies that were enacted. Parents do not shed their rights when their children enter through the school house doors.


Non trans kids have rights too so thank you, I support

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The disproportionate support to trans and their advocates is unbelievable.


Trans Rights

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<p>Trans rights are human rights. </p>


I know firsthand how dangerous these policies are

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I am an alumn of the private school Governor Youngkin attended and where he served on the Board of Trustees, Norfolk Academy. The oppressive policies that the Governor is attempting to mandate in Virginia are not new, they were practiced at Norfolk Academy during my time there from 2002-2009. I was a victim of bullying from staff and faculty as well as the head of school due to my outward expression. I didn't have the words at the time to identify myself as a trans student, primarily because the environment at Norfolk Academy was so oppressive to LGBT+ students that it was safer in the long run to avoid harassment from faculty and coaches . This harassment, modeled and tacitly approved by coaches and faculty, would of course trickle down into the student body.

If these guidelines find their way into schools an entire generation of transgender and nonbinary students will experience the same alienation and pain that I felt. They will have prolonged mental health issues that evolve beyond dysphoria to self harm and suicidal ideation. That is not an exaggeration. This is my lived experience and a reflection of the most thorough mental and physical health studies on trans affirming care and trans affirming communities.

Students can't learn or thrive when they don't feel safe. These policies will further endanger students and they will create an atmosphere where learning and growth is second to shame and punishment.

I urge you to reject these policies and to follow guidance from the Virginia Human Rights Act passed by the Virginia legislature that outlines protections for students, faculty, staff and all Virginians on the basis of gender identity.


Sex and trans education in schools

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The definition of "sex" seems to have gotten confused lately.  To clarify,

there are 2 GENDER-chromosomes determine, from birth to death, which

one you are.  SEX is the  PREFERENCE that each GENDER enjoys, alone or in any combination

the human mind can imagine.  SEXUAL PREFERENCES and activities should

not be aired in public and does not need to be promoted or taught in our schools.

Just an FYI, humans have been figuring out sex on their own since time began.


Gov Youngkin's Transgender Regulations in Public Schools

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Please do not let public schools interfere with parents' rights to bring up their children as they choose. Neither public school administrators, public school teachers, or public school unions have the right to interfere with the right and duty of parents to teach children themselves about sensitive  or controversial topics.  It is disgraceful that some schools are sabotaging the role of parents by hiding from them what their children are being taught or what children express in school. Teachers should be teaching reading, writing, and arithmatic to improve the bad scores of schools in Virginia and stay away from cultural fads or extremism. Please support parents by approving Gov. Youngkin's efforts to support them!

Aggie Dowd


Oppose Youngkin's misguided revision

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I oppose Youngkin's revisions of the policy in support of trans youth, because I oppose the harassment and bullying of members of this vulnerable population.


I support Glenn Youngkin’s policies and parental rights

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Kids are not equipped to make these kind of choices. Please put the focus back on teaching reading, writing and arithmetic in school. Stop obsessing on identity politics and putting child/parent/school against one another. We are failing our kids and society by prioritizing social justice over education. Get back to the basics!!!


Trauma from Gender-Based Bullying

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"I am writing as a professional psychotherapist and ordained Christian pastor who is also non-binary. Much of my childhood trauma came from bullying at school because I did not behave masculinely enough. Normalizing gender diversity in the classroom is not about indoctrination. It’s about creating an environment in which people who don’t fit binary gender norms aren’t bullied the way I was. Many students whose bodies fall outside of binary gender norms are also autistic as I am. So many of them are already struggling with social interactions without having their identity erased for political reasons. It helps support their mental health to be empowered to define who they are and what they want to be called. For many years in our culture, shame has been used to police gender norms in children both informally and institutionally. In the past, fathers would simply beat the “sissy” out of their sons if they were too effeminate. It didn’t work then and it won’t work now. Just because it was normal for so long doesn’t mean it isn’t psychologically harmful to children with unique bodies."}'>I am writing as a professional psychotherapist and ordained Christian pastor who is also non-binary. Much of my childhood trauma came from bullying at school because I did not behave masculinely enough. Normalizing gender diversity in the classroom is not about indoctrination. It’s about creating an environment in which people who don’t fit binary gender norms aren’t bullied the way I was. Many students whose bodies fall outside of binary gender norms are also autistic as I am. So many of them are already struggling with social interactions without having their identity erased for political reasons. It helps support their mental health to be empowered to define who they are and what they want to be called. For many years in our culture, shame has been used to police gender norms in children both informally and institutionally. In the past, fathers would simply beat the “sissy” out of their sons if they were too effeminate. It didn’t work then and it won’t work now. Just because it was normal for so long doesn’t mean it isn’t psychologically harmful to children with unique bodies.


Horrified this isn’t assumed support by all! How can any parent oppose? Insane.


Oppose

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please support out trans and non binary youth


Fully support Youngkin and VDOE

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<p>Fully support Youngkin and VDOE </p>


Oppose

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<p>The current policy does not need to be replaced. The new policy is not about protecting children, but about protecting the adults (GOP) culture war against trans kids. </p>


STRONGLY OPPOSED!

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Decades of research has shown us that LGBTQ+ youth are highly vulnerable to bullying, harassment, and physical violence at rates much higher than their cisgender and heterosexual peers. As an life long educator who has been working with youth for over 15 years, I have witnessed this oppression of LGBTQ+ youth in numerous schools and youth-serving organizations across Virginia firsthand.

I am appalled that Governor Youngkin's office would propose policies that are so blatantly focused on stripping rights and support away from children and families we already know are vulnerable. Throughout the new proposed policies, there is language used multiple times to suggest that diverse gender identities are a "belief" that can be accepted or rejected by others. This is an incredibly harmful frame for people whose gender identity is real and should not be up for debate. Governor Youngkin's office should feel ashamed at this attempt to strip young Virginians of their human rights.


Oppose

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value="{"1":2,"2":"Trans and non-binary students deserve to be safe and feel accepted in Virginia schools and schools across the country. It is not the government's responsibility nor right to deny trans and non-binary students the right to use facilities that correspond with their gender identity or require parental permission for students to express their gender identity. Please give trans and non-binary students the space to be themselves."}">Trans and non-binary students deserve to be safe and feel accepted in Virginia schools and schools across the country. It is not the government's responsibility nor right to deny trans and non-binary students the right to use facilities that correspond with their gender identity or require parental permission for students to express their gender identity. Please give trans and non-binary students the space to be themselves.


This policy HARMS CHILDREN

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"This policy would cause significant and lasting harm to ALL students and I OPPOSE. An environment that encourages discrimination against one group, will encourage discrimination against all groups, racial, gender, religious, ethnic. These issues do not exist in a vacuum, and this policy has nothing to do with education. I was fortunate enough to be educated in Virginia in an environment that affirmed my trans peers, who were and are friends, classmates, daughters, sons. Children are people who deserve respect and dignity like any person. Why do politicians like youngkin want to make school unsafe for children? If this comes to pass, children WILL die, by their own hands or by abusive guardians. Limiting freedom of education, thought, and expression is a key step towards fascism. Virginia needs to do better than this."}'>This policy would cause significant and lasting harm to ALL students and I OPPOSE. An environment that encourages discrimination against one group, will encourage discrimination against all groups, racial, gender, religious, ethnic. These issues do not exist in a vacuum, and this policy has nothing to do with education. I was fortunate enough to be educated in Virginia in an environment that affirmed my trans peers, who were and are friends, classmates, daughters, sons. Children are people who deserve respect and dignity like any person. Why do politicians like youngkin want to make school unsafe for children? If this comes to pass, children WILL die, by their own hands or by abusive guardians. Limiting freedom of education, thought, and expression is a key step towards fascism. Virginia needs to do better than this.


Your policies on trans identities in schools will lead to heartbreak

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You are putting young people at risk for violence, suicide, or a lifetime of trauma by adding red tape for trans youth. What real benefit does this policy have aside from a political win? It will ruin lives, it will punish teachers for having compassion for their students, and it will affnundue stress on school administrators. A person's agency includes their identity. Even as a parent, I know that I have no say in my child's right to express himself in whatever waybhe likes. By forcing parents to essentially sign off on identity, you're forcing children to either enter into potentially life-altering conversations that may be unsafe at home, or forcing them to live a lie. For some of these children, school is the only place they can be themselves. When trans kids are reaffirmed, they thrive. Why are you so adamant to cause misery?


Oppose

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value="{"1":2,"2":"My child is a senior in high school and has come out a transwoman this past year. She deserves the same level respect as her peers and is a danger to no one. I fear for her safety in a climate such as that proposed by the governor that would not allow her to live her life with a fundamental sense of dignity that all students deserve. She is a good student and has truly blossomed since coming out. If she is denied the ability to identify with her gender and to express herself, she is denied her first amendment rights. Do not deny my child's basic human rights!"}">My child is a senior in high school and has come out a transwoman this past year. She deserves the same level respect as her peers and is a danger to no one. I fear for her safety in a climate such as that proposed by the governor that would not allow her to live her life with a fundamental sense of dignity that all students deserve. She is a good student and has truly blossomed since coming out. If she is denied the ability to identify with her gender and to express herself, she is denied her first amendment rights. Do not deny my child's basic human rights!


Will FOREVER OPPOSE

Dear Governor Youngkin and the Department of Education, Today's headlines indicated that children nationwide are numerous points behind in Reading and Math due to learning loss associated with the pandemic. However, instead of focusing on supporting our children through this crisis, the Governor's office is focused on attacking our Trans and Nonbinary students. My nonbinary child is 10 years old and attends 5th grade at Norfolk Public Schools, where our school board adopted the thoroughly evidence and research backed 2021 model policies. As a result of the 2021 policies, my child has thrived. They have a high B average. They love their school and their teachers. This is all due to being supported in school as a direct result of the 2021 policies. The newly proposed model policies seek to harm children like mine, under the guise of "Parental Rights." With all due respect, I have the right to have a safe, well-adjusted child, who is not harmed by their teachers, administrators, or peers. How on earth could my child "catch up" academically, if my child's identity is no longer affirmed and supported in school? These newly proposed policies would harm our children's social and emotional development, and cause even larger educational gaps. Please rethink and rescind these horrible policies.Sincerely, Stephanie Stewart

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value="{"1":2,"2":"Dear Governor Youngkin and the Department of Education, \n\nToday's headlines indicated that children nationwide are numerous points behind in Reading and Math due to learning loss associated with the pandemic. However, instead of focusing on supporting our children through this crisis, the Governor's office is focused on attacking our Trans and Nonbinary students. \n\nMy nonbinary child is 10 years old and attends 5th grade at Norfolk Public Schools, where our school board adopted the thoroughly evidence and research backed 2021 model policies. As a result of the 2021 policies, my child has thrived. They have a high B average. They love their school and their teachers. This is all due to being supported in school as a direct result of the 2021 policies. \n\nThe newly proposed model policies seek to harm children like mine, under the guise of \"Parental Rights.\" With all due respect, I have the right to have a safe, well-adjusted child, who is not harmed by their teachers, administrators, or peers. How on earth could my child \"catch up\" academically, if my child's identity is no longer affirmed and supported in school? \n\nThese newly proposed policies would harm our children's social and emotional development, and cause even larger educational gaps. \n\nPlease rethink and rescind these horrible policies.\n\nSincerely, \n\nStephanie Stewart"}">Dear Governor Youngkin and the Department of Education,

Today's headlines indicated that children nationwide are numerous points behind in Reading and Math due to learning loss associated with the pandemic. However, instead of focusing on supporting our children through this crisis, the Governor's office is focused on attacking our Trans and Nonbinary students.

My nonbinary child is 10 years old and attends 5th grade at Norfolk Public Schools, where our school board adopted the thoroughly evidence and research backed 2021 model policies. As a result of the 2021 policies, my child has thrived. They have a high B average. They love their school and their teachers. This is all due to being supported in school as a direct result of the 2021 policies.

The newly proposed model policies seek to harm children like mine, under the guise of "Parental Rights." With all due respect, I have the right to have a safe, well-adjusted child, who is not harmed by their teachers, administrators, or peers. How on earth could my child "catch up" academically, if my child's identity is no longer affirmed and supported in school?

These newly proposed policies would harm our children's social and emotional development, and cause even larger educational gaps.

Please rethink and rescind these horrible policies.

Sincerely,

Stephanie Stewart


Support Gov. Youngkin's policies

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<p>I am in complete agreement with Governor Youngkin's policies on transgender students.  It seems that most children go through phases while growing up, and wanting to be the opposite sex is very common.  That does not mean children are capable of making such decisions--it just means that they are expressing something they know won't happen.  Having students use the bathrooms and locker rooms/changing rooms that coinside with their biological sex is the best way to prevent problems such as occurred in Loudon County.  It is common sense. </p>


Oppose

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"My child is a trans child who attends Virginia Beach public schools and has been bullied since fifth grade due to being different than the other children. I oppose the change because it will make it so that my child could possibly be bullied even worse than he has been my child has tried to commit suicide due to the bullying , so this is not a joke. The public school system does not have a zero policy for bullying. They actually don’t do anything about it, I can only enforce my child’s pronouns because my child has been given the right to be called by those pronouns from the original policy taking it away could potentially cause my child even more hurt."}'>My child is a trans child who attends Virginia Beach public schools and has been bullied since fifth grade due to being different than the other children. I oppose the change because it will make it so that my child could possibly be bullied even worse than he has been my child has tried to commit suicide due to the bullying , so this is not a joke. The public school system does not have a zero policy for bullying. They actually don’t do anything about it, I can only enforce my child’s pronouns because my child has been given the right to be called by those pronouns from the original policy taking it away could potentially cause my child even more hurt.


STRONGLY OPPOSE: Trans people are people too.

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<p>Trans people have the right to not want to kill themselves. </p>


Youngkin is diving parents, teachers, and children.

I am a cisgender woman in my 20s with many transgender friends who came out in high school. In some cases, a supportive school environment was key to my friends’ physical survival. Those who came out in environments hostile to transgender students experienced worsened mental health; however, their true selves were fully discovered in adulthood (meaning, hurting transgender students will not stop them from being transgender). Glenn Youngkin wants to unite children, parents, and teachers, but he is only furthering the divide. He is not “listening to parents”; he is listening to parents only with his viewpoint.Youngkin claims that his faith informs his role as a public servant, and as a Christian, I find this repulsive. From a theological standpoint, Youngkin’s stance is not biblical but only has roots in 20th century American fundamentalism. His “Christianity” is defined only by himself and those who support his narrow conception of gender, selfhood, and family.If Younkin wants to work alongside youth, rather than against them, he needs to change.

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"      I am a cisgender woman in my 20s with many transgender friends who came out in high school. In some cases, a supportive school environment was key to my friends’ physical survival. Those who came out in environments hostile to transgender students experienced worsened mental health; however, their true selves were fully discovered in adulthood (meaning, hurting transgender students will not stop them from being transgender). Glenn Youngkin wants to unite children, parents, and teachers, but he is only furthering the divide. He is not “listening to parents”; he is listening to parents only with his viewpoint.\n\tYoungkin claims that his faith informs his role as a public servant, and as a Christian, I find this repulsive. From a theological standpoint, Youngkin’s stance is not biblical but only has roots in 20th century American fundamentalism. His “Christianity” is defined only by himself and those who support his narrow conception of gender, selfhood, and family.\n\tIf Younkin wants to work alongside youth, rather than against them, he needs to change. \n"}'> I am a cisgender woman in my 20s with many transgender friends who came out in high school. In some cases, a supportive school environment was key to my friends’ physical survival. Those who came out in environments hostile to transgender students experienced worsened mental health; however, their true selves were fully discovered in adulthood (meaning, hurting transgender students will not stop them from being transgender). Glenn Youngkin wants to unite children, parents, and teachers, but he is only furthering the divide. He is not “listening to parents”; he is listening to parents only with his viewpoint.
Youngkin claims that his faith informs his role as a public servant, and as a Christian, I find this repulsive. From a theological standpoint, Youngkin’s stance is not biblical but only has roots in 20th century American fundamentalism. His “Christianity” is defined only by himself and those who support his narrow conception of gender, selfhood, and family.
If Younkin wants to work alongside youth, rather than against them, he needs to change.


OPPOSE ANTI-TRANS POLICY!!

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<p style="text-align: left;">As a nonbinary individual, I speak from experience that when schools discriminate against you and tell you you are feeling wrong, it puts you in a place of unsurity and not being safe.. and you can't learn and grow in those conditions. Children are people too, and they deserve just as much respect and acceptance as anyone else! Kids know who they are, and it is not in an educators place to forcibly out a student or tell a student they are wrong or cannot do what makes them happy (like sports) or tell them how to identify. Educators' jobs are to EDUCATE AND SUPPORT students. This policy draft directly goes against that! Protect ALL students!!!! </p>


Oppose

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<span data-sheets-userformat='{"2":769,"3":{"1":0},"11":4,"12":0}' data-sheets-value='{"1":2,"2":"I support trans and non-binary students in Virginia! I oppose Governor Youngkin’s policies aimed at rejecting, marginalizing and stigmatizing these youth, especially those designed to out them to their parents without their consent. A child’s gender identity is theirs alone, to claim and/or to make known to others, and the governor’s policies not only represent a fundamental misunderstanding of the medical and psychological research in this area, but will also cause irreparable harm to the trans and non-binary youth of Virginia."}'>I support trans and non-binary students in Virginia! I oppose Governor Youngkin’s policies aimed at rejecting, marginalizing and stigmatizing these youth, especially those designed to out them to their parents without their consent. A child’s gender identity is theirs alone, to claim and/or to make known to others, and the governor’s policies not only represent a fundamental misunderstanding of the medical and psychological research in this area, but will also cause irreparable harm to the trans and non-binary youth of Virginia.


NON TRANS KIDS have rights too! Support policy

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It is not the schools job or the government job to affirm my child gender. Teach and leave the rest of this crap outside of the classroom. I’m sick of it and so are my kids. To push so much and so hard for special treatment over and over is what’s going to create hate. I didn’t hate before but am getting there the more you push and demand I celebrate you.


Oppose!!!!

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<p>Oppose!  Let them go to the bathroom where they feel comfortable! I can’t imagine telling a boy who was born a girl being forced to walk into a girls bathroom-that seems more ridiculous than just letting them go where they feel comfortable!  </p>


Oppose

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Gov. Younkin is proposing policy that is detrimental to the health and safety of children in Virginia. These harmful recommendations are based on bigoted opinion rather than the myriad of peer reviewed research that supports gender affirming practices for all children. Policies based on bigoted interpretations of religion has no place in Virginia public schools.


Support The governor!

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Time to stop the trans wave in our schools. School should be about academics not sexuality. Full stop.