Virginia Attorney General Jason Miyares is leading a group of 16 states in urging the U.S. Supreme Court to consider a case focused on safeguarding parental rights to make decisions regarding their children’s welfare.
Joining Miyares in the amicus brief are 15 other states, including Alaska, Florida, and Texas.
If the case is successful, it could potentially reinforce recent changes in school policies concerning transgender students put forth by Governor Glenn Youngkin’s administration, which now mandates parental consent for any alterations to students’ names, nicknames, and pronouns.
The updated policies by the administration require schools to keep parents informed about their children’s well-being and base student participation in activities, sports, and restroom usage on biological sex, barring any federal law requirements to the contrary.
Recent legal attempts in Wisconsin saw parents challenging a school division’s guidelines allowing students to change their gender identity at school without parental consent, culminating in an appeal to the Supreme Court after prior unsuccessful attempts.
Miyares emphasized the significance of parental involvement in crucial decisions impacting their children’s lives, stating that the Supreme Court has an opportunity to offer clarity and reaffirm that government officials cannot override fundamental parental rights merely based on their belief of knowing better.
While the revised policies have not been universally embraced by all schools in Virginia, they have faced legal challenges, with two lawsuits against the policy changes filed from Hanover and York Counties against the Virginia Department of Education.
Advocates like Breanna Diaz from the ACLU of Virginia argue that the interests of a few parents do not always align with policies intended to cater to diverse families and communities within public schools.
Emphasizing the importance of prioritizing students’ welfare, Diaz called for Virginia leaders to focus on creating inclusive and safe environments for students of all gender identities by reconsidering policies that have negatively impacted families in the state.
