Virginia Gov. Abigail Spanberger’s office has withheld all records it found in response to a public records request about the decision to end a rulemaking effort focused on keeping males out of girls’ and women’s sports.
The Democratic governor’s office cited executive privilege, attorney-client privilege and a state exemption covering gubernatorial working papers and correspondence. The records concerned the withdrawal of an initiative begun under former Republican Gov. Glenn Youngkin.
The office said fewer than 100 documents were withheld, including duplicates, and described them as correspondence and deliberative materials. It said the records were protected under state law and by executive privilege.
On July 30, the Virginia State Board of Health withdrew a petition that would have set limits on male participation in organized female sports and competitions. The proposal also addressed access to designated female spaces where women and girls may undress.
The initial records request sought emails from the governor’s office about the withdrawal, covering the period from Spanberger’s inauguration through July 30. A later, narrower request sought emails from employees not specifically covered by the gubernatorial working-papers exemption. The office said it found no records in response to that request.
The rulemaking process began in April 2025, when Réka György, Lily Mullens and Carter Satterfield filed a petition. The Board of Health approved it unanimously, 14–0, that August.
Youngkin’s administration then moved the proposal forward. It cleared gubernatorial review on Oct. 28, 2025, was published Nov. 17, and had a public comment period that ended Dec. 17.
The proposal remained in its preliminary stage when Spanberger’s administration withdrew it. A formal notice published in the Virginia Register of Regulations on Aug. 24 said the board would not proceed after reviewing its statutory authority.
An earlier agency background document had pointed to Virginia’s public health statutes as a basis for moving ahead. It also raised questions about the health department’s enforcement authority and capacity as regulations were developed.
Spanberger defended the decision in a September radio interview, saying there was no legal authority to continue with rulemaking. She added that previous administrations may have tried to create a path forward, but her administration would not do so.
Virginia law permits the governor’s office to withhold certain correspondence and records prepared for designated officials’ personal or deliberative use. The exemption is discretionary unless another law bars disclosure. It may also cover documents prepared by lower-level staff for protected officials, so an employee’s job title alone does not determine whether a record must be released.
State law requires agencies to disclose any nonexempt portions of records when an exemption does not apply to the entire document. The governor’s office did not say whether any records or attachments could be released in part.
