Va. AG Jason Miyares leads 16 states asking Supreme Court to hear parental rights case

Attorney General Jason Miyares, flanked by special counsel Theo Stamos (right) and Chief Deputy Attorney General Chuck Slemp (left) speaks to the media about the release of his investigative report on the Virginia Parole Board. (Graham Moomaw/Virginia Mercury)

Virginia Attorney General Jason Miyares is spearheading an amicus brief requesting the U.S. Supreme Court to hear a case centered on protecting parental rights to “make decisions concerning the care, custody, and control of their children.”

A coalition of 15 other states has joined Miyares on the brief including Alaska, Florida and Texas.

If successful, the case could strengthen the reformed school policies about transgender students adopted by Gov. Glenn Youngkin’s administration, requiring parental approval for any changes to students’ “names, nicknames, and/or pronouns.” 

The administration’s changes to the original policies, which protected the rights of transgender and nonbinary students, direct school divisions to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.” 

In Wisconsin, a group of parents attempted to overturn in court a school division’s decision to implement guidelines allowing students to change their gender identity at school without parental consent or notification. 

After two unsuccessful tries, the parents filed a suit in the Supreme Court.

“Parents have the right to be involved in major decisions affecting their children’s lives. This case presents an opportunity for the U.S. Supreme Court to provide much-needed clarity and reaffirm that government officials cannot override parents’ fundamental rights simply because they believe they know better,” said Miyares in a July 8 statement. “It is essential that schools work with parents, not against them, to support a child’s wellbeing.” 

Not all schools in Virginia have supported the revised policies. The state’s revised transgender student policies haven’t been embraced by all school districts in the state. The Virginia Department of Education was facing two lawsuits — stemming from Hanover and York Counties — over the policy changes.

On Monday, the York County Circuit Court accepted the VDOE’s pleas in bar and dismissed the one case. The second case in Hanover was continued to Aug. 20.

Breanna Diaz, policy and legislative counsel for the ACLU of Virginia, which promotes and defends citizens’ civil liberties and rights, said the lower court in Wisconsin has already ruled that the parents did not experience any actual injury from the decision, compared to the transgender and nonbinary students in Virginia who alleged they experienced “real harm” and “actual discrimination” due to the revised policies in the commonwealth.

In February, the ACLU of Virginia announced that it and law firm Freshfields Bruckhaus Deringer, LLP are representing two transgender students in the counties of Hanover and York who are challenging the department’s policies. 

“The reality is that what a few parents want doesn’t always match school policies designed to accommodate all families,” Diaz said in a statement. “Parents who opt for public schools are signing up for a system that must serve entire communities, and although parents can opt out of public schools by choosing private schools or homeschooling, they can’t remake public schools to match their individual preferences.” 

Adults and Virginia schools must put pupils first by affirming all students, Diaz continued. 

“Virginia’s leaders should focus on making Virginia schools safe for students of all gender identities, starting by rescinding the policies that have already harmed so many Virginia families.”

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