Caught in the Crossfires of Culture Wars

On Youngkin and His 2022 Policies

Vaulted into public conversation by James Davison Hunter in 1991, he defined ‘culture wars’ as America’s fights over matters like abortion, LGBT rights, and religion in public schools. Inserting himself into American culture wars, Glenn Youngkin was considered a ‘conservative warrior’ as he campaigned to become Virginia’s next governor throughout 2021. He ran on “kitchen-table issues” which, according to his definition, included inflation, schools, and safe communities. While these are seemingly harmless, his platform constructed itself on silencing diverse voices in the face of important issues (Hilu 2022).

When discussing schools, especially, Youngkin advocates against teaching Critical Race Theory; instead, he’s in favor of the whitewashed history currently taught and for the “power of the parents.” This promotion of parental power in schools specifically targets transgender youth, making schools, hypocritically, unsafe spaces for these students. To do this, Youngkin pioneered and passed a set of model policies for the treatment of transgender students in 2022, completely abolishing previous ones from 2021. When defining the purpose of the 2022 policies, the document states they will reaffirm “the rights of parents to determine how their children will be raised and educated,” as the 2021 ones failed to do so and ignored legal and constitutional principles (VDOE 2022 ). It cited the Fourteenth Amendment and the Virginia Code of Conduct to justify the right of the parent to “direct the upbringing, education, and control of their children” (VDOE 2022). If these policies are brought into full effect, they will essentially strip students of their right to make individual choices or demand any needs from the school. Youngkin’s updated policies insult transgender students by implying they do not know what is best for themselves, and they allow transphobic parents even more opportunities to oppress their children.

During the public comment period on these policies, countless comments were submitted, by people expressing both opposition and support. One student conveyed their fear of the policies’ passage; they would be forced to come out to their parents, unable to use their proper pronouns, and feel unsafe at school. Some students showed their disgust toward the school board for using trans students as pawns to push their conservative agenda ( CommentID 202703). A recent graduate of a Virginia high school, one of which will be subject to these policies, states these policies will kill children. Homelessness among trans children is disproportionate, familial abuse is more likely, and suicide rates skyrocket.

When students are forced to come out, they risk losing their homes and being pushed into harm’s way. On the contrary, most comments in support of the policies parrot Youngkin’s hateful speech and are outright transphobic. They state that we must keep schools free of “gender confusion” or we must secure the rights of the parents. If parents want their children to be open with them about their gender, they should support them and warrant that respect themselves; it should not be required of the student to do something they are not comfortable with.

Legality of 2022 Policies

Expectedly, experts say Governor Youngkin’s initiatives are likely to be struck down in courts. His model policies that force transgender students to use restrooms, locker rooms, and join sport teams that conflict with their identity violate the Virginia Code of Conduct, which bans gender-based discrimination in schools. In another violation, students are not permitted to change their preferred name or pronouns without parental consent. The 2022 policies attempt to cover up this violation by stating each trans student should be treated with ‘respect, compassion, and dignity’ but, as legal director of Virginia’s ACLU Eden Heilman observes, “That’s not how the law works.” ( Weiner 2022; VDOE 2022).

The method used to propose these new policies is another factor that could be subject to legal challenges. Typically, when the governor and their administration does not favor a certain statute, they do not use an executive branch action. Instead, they go to the General Assembly to submit recommendations for changes to the bill. By veering from the standard methods of contesting a statute, Governor Youngkin shows that he is aware of the controversy he stirs by proposing these new measures but attempts to avoid any pushback by using a backdoor process. The 2022 policies also raise concerning implications for state governments. If these policies are put into effect, it sets the precedent for states to have the ability to suppress LGBTQ+ communities, even if otherwise stated in their Codes of Conduct. And this does not just mean for schools, it means in the workplace, housing market, and essentially any other institution or entity.

2021 Model Policies

The passage of the original policies in 2021 was considered a major victory for transgender rights in Virginia and occurred alongside the amendment to the Virginia Human Rights Act (VHRA), which is in the Virginia State Code of Conduct. The VHRA, originally passed in 1964 with the national Civil Rights Act, was amended to include sexual orientation and gender identity as basis for discrimination. The policies and amendment come after a long fight for LGBTQ+ visibility in legislature, 12

with the definition of sex in the Code of Conduct being challenged throughout the 2010s and several court cases ruling under this unclear definition. The amendment clarified the definition, making it apparent that LGBTQ+ individuals are protected from discrimination in the state of Virginia, which was long overdue. The 2021 policies were another step the Virginia government took to codify transgender rights into state law. In the document provided by the Virginia Department of Education detailing the 2021 Model Policies, the equity priorities, and thus long term goal of the policies, are to curate a culturally competent workforce, uplift marginalized student groups, level access for early learning opportunities, and allow every student to realize their full potential. Citing the American Psychological Association, National Association of School Psychologists (2020), and American Academy of Pediatrics (2018), the VDOE acknowledges that differences in gender identities are a usual part of human diversity, and each person has the “‘inherent human right to equal opportunity and a physically and psychologically safe environment within all institutions.’” The document also provides definitions of inclusive vocabulary, such as gender-expansive, gender expression, gender identity, and gender transition, among others. The document goes on to detail the measures that school boards should take.

The VDOE provides guidelines for policies including: bullying, harassment, and discrimination, student privacy/confidentiality, student identification, school records; dress code, access to activities and facilities, and professional development and training. Each section provides an explanation of context for why transgender students may feel discrimination under this specific pretense, working actions educators can take to support these students, and citations of legislature related to the specific section topic (ie. student privacy/confidentiality) preceding the official writing of the model policy. The document concludes with a list of resources for school divisions, model and existing policies and guidelines, professional development resources, resources for students, resources for parents, and advocacy organizations.

Since the passage of these Model Policies, though, they have been largely ignored by school districts. Very few have actually adopted the principles, some are poorly attempting to do so and not giving it their full effort, and most are outrightly disregarding the law. The failure of statewide adoption can be largely attributed to the fact that neither the original proposal bills or the subsequent Model Policies lay out punishment for noncompliance.

Conclusion

Seemingly, these policies align directly with what Governor Youngkin aims to achieve in his term:

the advancement of schools and the creation of safe communities. Nonetheless, Youngkin chose to discard these policies, and by extension, transgender students personal freedoms, in favor of replacing them for less inclusive, more dangerous policies. If Youngkin was truly dedicated to the improvement of his state, he would view the failure of the widespread adoption of the 2021 policies as an opportunity to define consequences for those who do not comply, not as one to regress the state back to its pre-2020 condition.

Accepting these policies equates to accepting outright discrimination and transphobia. The harsh reality is we cannot just expect transgender students to be respected in schools; we must protect and support them. If these policies are enacted, we are murdering trans children and forcing them to spend time in unsafe, potentially abusive environments. We have to keep fighting, advocating, and pursuing equitable ends for transgender students. Oppose the 2022 “Model” Policies. Speak out and openly about transgender rights. It is only when we work together to support our more vulnerable counterparts that we can all be free.

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