Spanberger’s Office Withholds Records on Girls’ Sports Rule Withdrawal
The governor’s office relied on executive privilege, attorney-client privilege, plus a state carve-out covering gubernatorial work papers and correspondence, in denying a request for emails about the decision. It said a narrower follow-up request, aimed at employees outside the exemption’s specifically identified officials, yielded no records because the requested material was unavailable or had never existed.
The State Board of Health withdrew the proposed rule on July 30. The petition, filed in April 2025 by swimmer Reka Gyorgy and former Roanoke swimmers Lily Mullens and Carter Satterfield, sought limits on male participation in organized girls’ and women’s sports and access to designated female spaces where people undress. The board approved the petition 14–0 in August 2025, and the Youngkin administration advanced it through an initial regulatory review. The proposal had not moved beyond that preliminary stage.
An August 24 entry in the Virginia Register of Regulations announced that the board would not proceed after reviewing its statutory authority. Spanberger said in a September interview that there was no legal authority to continue the rulemaking. State law permits the governor’s office to withhold qualifying working papers, but also requires release of nonexempt portions when possible. The office’s response did not say whether any records or attachments could be partially disclosed.
Virginia Rulemaking Must Rest on Legal Authority, Not Political Pressure
Virginia’s health board ended a rulemaking effort after the governor’s office concluded there was no legal authority to proceed. Spanberger said in September that her administration would not pursue a path created by prior administrations if it lacked that authority. The August withdrawal announcement likewise cited the board’s review of its statutory authority.
The proposal, launched after a petition from three swimmers, would have barred boys and men from taking part in organized girls’ and women’s athletics or accessing designated female spaces where people undress. The board had approved the petition 14–0 in August 2025, and the Youngkin administration advanced it through an initial review. It remained at a preliminary stage when withdrawn on July 30.
Spanberger’s office relied on executive privilege, attorney-client privilege and the state’s protection of gubernatorial work papers to withhold fewer than 100 records. A narrower request received the answer that the material was unavailable or had never existed. The dispute raises a transparency question, but the demand for internal deliberations does not itself establish that the rule had a lawful basis. State law requires release of nonexempt portions where possible; the office did not say whether any material could be separated and disclosed.
Spanberger Withholds Emails on Reversal of Girls’ Sports Proposal
Virginia’s proposed protections for girls’ sports were withdrawn after the state board had approved the petition 14–0 and the Youngkin administration had moved the rulemaking forward. The proposal would have limited male participation in organized female athletic competitions and access to designated spaces where women and girls undress. It was dropped on July 30, before advancing beyond the preliminary regulatory stage.
Now the governor’s office is withholding the records sought about that decision. It cited executive privilege, attorney-client privilege and an exemption for gubernatorial working papers. A narrower follow-up request returned a statement that the material sought was unavailable or had never existed. The office said fewer than 100 documents were withheld, including duplicates.
Spanberger defended the withdrawal in September, saying there was no legal authority to continue the rulemaking. The formal notice also cited the board’s review of its authority. But the public response to the records request did not explain whether any portions or attachments could be released. State law requires disclosure of nonexempt portions when possible, leaving a basic accountability question about a decision that ended a proposal backed by the health board and supported by the petitioners.
Reported by Fox News, Twitchy.
