Board of Health in Virginia proposes regulations prohibiting transgender males from participating in female-exclusive sports teams

The Virginia Board of Health has granted a petition for rulemaking, aiming to prevent biological males from participating in organized female-only athletic teams and competitions, as well as from using designated female spaces where females are likely to be in any state of undress.

The petition, made under Va. Code 2.2-4007, was a formal request to the Virginia Board of Health and was supported by three female athletes in Virginia: Réka György, Lily Mullens, and Carter Satterfield. The petitioners claim to have been directly harmed by males competing in female collegiate sports.

The first stage in the regulatory process is the drafting of a Notice of Intended Regulatory Action (NOIRA) for the Board of Health's future consideration. The Department's staff will work closely with legal counsel in developing draft language for the regulation.

After executive branch review, publication in the Virginia Register of Regulations, and a final 30-day public comment period in the Final stage, the regulation would become effective. The standard rulemaking process for this petition is expected to take 18-24 months.

Maria Reppas, Director of Communications, Virginia Department of Health, stated that the vote was based on a thorough assessment of the petition's merits in the context of Virginia's ongoing health needs. The Virginia Board of Health members who were present at the meeting voted unanimously to approve the petition, with one member absent.

The Virginia Department of Health remains committed to making Virginia the healthiest state in the nation and will work with the Board of Health to move forward with the regulatory process. However, the name of the current head of the health authority in Virginia was not provided in the search results.

The petition also requests the addition or amendment of regulations within 12 VAC 5 to prevent biological males from participating in organized female-only athletic teams and competitions in Virginia, and to prevent biological males from using designated female spaces where females are likely to be in any state of undress.

The draft language will be brought to the Board for approval in the second stage of the regulatory process. The goal is to ensure fairness and safety in Virginia's female-only athletic teams and spaces for all female athletes.