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4 responses to ““Model Polices” on Transgender Students vs. Laws Guaranteeing Parental Rights”

1. 

   James A. Bacon

   July 30, 2021

   Who has ultimate authority over the children — parents or the state?

   Pick a side.

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2. 

   emjak

   July 30, 2021

   I am not familiar with the Federal Educational Rights and Privacy Act. But, the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) prevents any State law or regulation from overriding or superseding Federal law, or authorizing any state official to violate or disregard Federal law.

   Although Attorney General Herring may not make the matter a centerpiece in his re-election campaign, he does not seem shy about boasting about his involvement in a press release at https://www.oag.state.va.us/media-center/news-releases/2108-july-27-2021-herring-successfully-defends-virginia-s-policies-protecting-transgender-students

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   1. 

      James C. Sherlock

      July 30, 2021

      The one to which Herring refers did not raise the legal issues to which I refer above. I hope he is out of office before these issues reach a courtroom.

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3. 

   DavidWC

   July 31, 2021

   I represented Christian Action Network in the appeal. Standing is tough. Filing it as an appeal was the most likely way to avoid losing because of standing, even though it did not work. We raised many issues including FERPA and the fundamental parental rights under Va. Code and the 14th amendment were among our issues. If Sherlock had read our pleading and briefs, he would have known that. Sherlock never communicated with me in any way before or after we filed the appeal. David W. T. Carroll, Esq.

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