I live in Arlington VA and:

Strongly and Vigorously Oppose Action 4905

Action 4905 aims to define access based on "biological sex", which effectively excludes transgender individuals from facilities and activities aligned with their gender identity.  It is discriminatory and politically motivated.

There is no credible evidence showing that in Virginia transgender women participation in female athletics and having access to spaces designated for females creates a health risk or public health hazard.  Action 4905 undermines public health, violates the dignity and safety of transgender Virginians, and distracts the Virginia Department of Health (VDH) Board from addressing genuine, urgent public health crises in the Commonwealth.

Action 4905 Does Not Promote Public Health

Action 4905 is not a matter of public health.   The VDH primary mission is to protect and promote the health and well-being of ALL Virginians.  Action 4905 is counter-productive to that mission.

Increased Health Risks for Transgender Individuals

Forcing transgender people, particular transgender women, to use facilities inconsistent with their identify creates hostile environments, leading to documented negative physical and mental outcomes.  Studies show that avoiding public restrooms out of fear leads to urinary tract infections (UTIs), kidney damage and increased levels of anxiety and stress.

Policies/regulations that invalidate a person's identity contribute to higher rates of depression, anxiety and suicidal ideation among transgender youth and adults.

Distraction From Real Public Health Crises

Action 4905 is a political action that diverts VDH resources and attention away from pressing, evidence-based public health issues that affect all Virginians (e.g., maternal health disparities, intimate partner violence, and the opioid crisis). 

Increased Risk of Harassment and Violence

Forcing a transgender woman into a men's restroom drastically increases her risk of violence, harassment and discrimination.  Action 4905 invites gender policing and "verification" by employees and/or private citizens, which violates the privacy of and endangers all women and girls who do not conform to traditional standards of femininity.

Conflict With the Virginia Human Rights Act (VHRA) 

The VHRA prohibits discrimination based on gender identify.  Action 4905, if enacted, would constitute state-sanctioned discrimination in violation of existing Virginia law.  

Conclusion

Action 4905 is unabashedly discriminatory!

Action 4905 is purely a politically motivated last-minute move by a lame duck administration - a sham solution in search of a problem to satisfy an immoral political motive.   Wake up!  There is zero credible evidence that inclusive bathroom policies have led to an increase in public safety incidents.

The VDH's responsibility is to address the maternal mortality rate, the lack of mental health resources and the opioid crisis, not to legislate private bathroom usage based on a politicized definition of "biological sex".

Forcing individuals to use facilities that conflict with their gender identity is a clear act of discrimination and directly contradicts the anti-discrimination protections afforded by the Virginia Human Rights Act.

Action 4905 would require invasive and humiliating scrutiny violating the privacy of all people who do not have an easily discernible gender presentation and harm public health.  It is legally unsound.

Virginia deserves better!  The true way to protect the health and safety of all Virginians is through policies of inclusion, dignity, and respect.  

A policy/regulation that singles out and harms vulnerable population is fundamentally inconsistent with the foundational mission of a public health agency (i.e., the VDH).

Stop play political games and support the best interests of ALL Virginians - Stop Action 4905!