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Gov. Glenn Youngkin has ordered state police to investigate explosive allegations from a conservative blog that Fairfax County Public Schools officials helped multiple underage girls obtain abortions in 2021 鈥� a probe whose before Election Day but could still sway voters in the court of public opinion.
requires minors to obtain either parental consent or a successful court petition to undergo the procedure. Such records are also exempt from disclosure under the Freedom of Information Act.
The Mercury asked the Fairfax County Juvenile and Domestic Relations Court whether any petitions were filed at all in 2021 and how many have been filed in subsequent years, which they did not provide.
Still, the possibility that a public school broke state law and bypassed parents鈥� consent rights is quickly becoming a political talking point for Republican candidates this year.
鈥楪ift that keeps on giving鈥�
Against the backdrop of an ongoing effort to enshrine reproductive rights into Virginia鈥檚 constitution, Republican gubernatorial nominee Winsome Earle-Sears has seized on the allegations.
At a recent campaign event in Chesterfield County, she welcomed the story鈥檚 circulation in the news cycle.
鈥淚 don鈥檛 know if you also saw what鈥檚 happening in Northern Virginia 鈥� it鈥檚 just a gift that keeps on giving,鈥� Earle-Sears said as the crowd laughed.
It cheered after she added: 鈥淧arents. Still. Matter.鈥�
Political analyst Bob Holsworth said the controversy echoes of Youngkin鈥檚 successful 2021 campaign, when allegations of a sexual assault in a Loudoun County school bathroom sparked national furor over transgender students鈥� use of restrooms.
Investigations and legal proceedings extended well beyond the campaign, but by then 鈥淧arents for Youngkin鈥� signs and 鈥減arents matter鈥� chants had become staples of his rallies. Youngkin went on to win the governorship, and Republicans flipped the House of Delegates for a term.
鈥淚nterestingly, the target audience is not voters in Fairfax and Loudoun,鈥� Holsworth said of the Democratic strongholds, 鈥渂ut Republicans elsewhere in the commonwealth.鈥�
The allegations , an Ohio-based conservative blog run by independent investigative journalist Walter Curt Jr. His father, Walter Curt Sr., is a Youngkin appointee to the Virginia State Council of Higher Education and has donated thousands of dollars to both Youngkin and Earle-Sears. Curt Jr. told that his familiar ties don鈥檛 affect his reporting.
Holsworth suggested that GOP campaigns are aiming to 鈥済et these issues aired on so they can deliver a message across Virginia in a way that Democrats can鈥檛.鈥�
That鈥檚 because the claim itself聽 鈥� whether ultimately proven or false 鈥� is already enough to stoke concerns among some voters about public schools encroaching on parental rights. Defending parental oversight in K-12 education been a consistent Republican theme in Virginia politics.
If the allegation proves true, Earle-Sears has vowed accountability.
鈥淵our underage daughter can鈥檛 get an aspirin without your permission,鈥� she on Aug. 19. 鈥淵et a Virginia school may have taken a young girl for an abortion, in secret, using your tax dollars. If true, it鈥檚 monstrous, and there will be consequences.鈥�
The legal wait-and-see
Pending the outcome of the state police investigation, any responsibility to prosecute would fall to Fairfax County Commonwealth鈥檚 Attorney Steve Descano, who has declined to comment.
Carl Tobias, a law professor at the University of Richmond, noted that the timeline for an investigation is uncertain. While the number of people involved doesn鈥檛 appear large he said, the allegation dates back four years 鈥攁 factor that could complicate evidence gathering and examination.
Tobias added that Republicans could 鈥渕ake a lot of political hay of it鈥� heading into the elections, especially since Fairfax鈥檚 commonwealth鈥檚 attorney has been a frequent target of Virginia Attorney General Jason Miyares.
Miyares, who is up for reelection this year, has long pushed for changes in state law that would allow the state to and has repeatedly attacked Descano as being too lenient.
A potential prosecution arising from the Fairfax abortion allegation could even spill into the next gubernatorial term.
Democratic gubernatorial nominee Abigail Spanberger is also watching closely. Her campaign said in an email to The Mercury that she 鈥渨ill be monitoring the status of the Virginia State Police鈥檚 investigation and will support appropriate action to uphold Virginia law.鈥�
The campaign also highlighted Spanberger鈥檚 perspective as a mother of three young girls who attend public school, adding: 鈥淪he believes that decisions about a child鈥檚 health and safety should always be made between them and their parents.鈥�
Fairfax vs. everyone else
Beyond the locality鈥檚 prosecutor, Fairfax County Public Schools has become a lightning rod for criticism from parents as well as state and federal leaders.
Among the most polarizing decisions: overhauling admissions at Thomas Jefferson High School for Science and Technology to promote greater diversity, and resisting statewide transgender policies that would have required schools to out transgender students or restrict pronoun use.
The division is also arranging for Superintendent Michelle Reid.
After the abortion allegations surfaced, Reid wrote to the school community that the conduct described 鈥渨ould be unacceptable鈥� in the district.
鈥淚 want to stress that at no time would the situation as described in these allegations be acceptable in Fairfax County Public Schools,鈥� Reid said.
The school district has that it will 鈥渇ully cooperate鈥� with the investigation but cannot comment further while it is ongoing.
Reproductive laws in campaigns
Beyond Earle-Sears鈥� bid for governor and the lieutenant governor and attorney general races, all 100 House of Delegates seats are up for election this year.
Looming over those contests is an ongoing effort to enshrine reproductive rights 鈥� including abortion 鈥� into the state鈥檚 constitution. The measure must pass the legislature again next year before appearing on a statewide ballot for voter approval or rejection.
While every Republican in the General Assembly voted against the proposal this year, they first attempted to add language reflecting existing state law Democrats rejected that effort, pointing out that a also affirms parental consent under the 14th Amendment.
Even so, the possibility that someone may have broken the law in Fairfax is 鈥渁larming,鈥� said Sen. Jennifer Boysko, D-Fairfax, who is carrying聽 the Senate version of the reproductive rights amendment.
鈥淲e should all be deeply concerned anytime anyone says they have been forced, misled or coerced into life-changing decisions about their reproductive health,鈥� she said.
While Boysko did not specifically address the amendment in her comments, she added that she is confident the investigation will 鈥渟hed light on the facts of the case.鈥�
