Pursuant to Va. Code § 2.2-4007, on behalf of myself (Réka György), Lily Mullens, and Carter Satterfield, female athletes in Virginia who have been directly harmed by males competing in female collegiate sports, I am hereby formally requesting that the Virginia Board of Health add and/or amend 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 public health of Virginians, particularly of women and girls, demands that the Department of Health take action to prevent further harm, both physical and psychological, from males claiming or pretending to be females and gaining access to female-only athletic competitions and private spaces.  

The Board of Health has authority to promulgate such regulations pursuant to § 32.1-2 and § 32.1-12 of the Code of Virginia. Specifically:

§ 32.1-2. Finding and purpose.

The General Assembly finds that the protection, improvement and preservation of the public health…are essential to the general welfare of the citizens of the Commonwealth. For this reason, the State Board of Health…shall administer and provide a comprehensive program of preventive…health services, … and abate hazards and nuisances to the health…, both emergency and otherwise, thereby improving the quality of life in the Commonwealth.

This comprehensive program of preventive…health services shall include prevention…focused on women's health, including, but not limited to…conditions unique to or more prevalent among women.

§ 32.1-12. Regulations, variances and exemptions.

The Board may make, adopt, promulgate and enforce such regulations…as may be necessary to carry out the provisions of this title and other laws of the Commonwealth administered by it, the Commissioner or the Department.

In accordance with § 2.2-4007 of the Code of Virginia, the petition has been filed with the Registrar of Regulations and will be published on May 5, 2025 and posted to the Virginia Regulatory Town Hall. Publication will begin a 21-day public comment period, during which comment on the petition will be accepted. Public commenters are encouraged to comment via www.townhall.virginia.gov.

Following receipt of public comment and within 90 days of the end of the public comment period, a written decision to grant or deny the petition will be issued.

On August 18, the Board of Health unanimously approved Petition for Rulemaking 432 by a vote of 14–0. The Board supports taking action to protect and preserve the public health of Virginians, including the public health of women and girls.