Va. attorney general says transgender student policies comply with anti-discrimination laws

In response to a request by Gov. Glenn Youngkin, Attorney General Jason Miyares released an official advisory opinion today concluding the state’s model policies concerning the treatment of transgender students comply with federal and state anti-discrimination laws and reiterating the administration’s stance that school boards must adopt policies in line with them.

“It is my opinion that the model policies comply with the Equal Protection Clause, Title IX, and the [Virginia Human Rights Act], and that … local school boards are required to adopt policies that are consistent with them,” Miyares wrote.

The 10-page document mainly focuses on the potential conflict between federal and state anti-discrimination laws and the policies’ guidelines regarding athletics, student identification and bathroom use.

In a press release announcing the opinion, Miyares said the policies are about parents’ rights.

“Parents, not government, are in the best position to work with their children on important life decisions, and no parent signs up to co-parent with the government,” the statement said. “The Model Policies ensure that all students are treated with dignity and that parental involvement remains at the center. These policies are fully compliant with the law, and school boards across the Commonwealth should support and implement them.”

The opinion notes the inaugural set of model policies produced in 2021 under former Gov. Ralph Northam was withdrawn because the Department of Education under the Youngkin administration concluded they “promoted a specific viewpoint aimed at achieving cultural and social transformation in schools.”