Equality Virginia is the Commonwealth’s leading statewide LGBTQ+ organization advocate and organizing across Virginia to build a future where LGBTQ+ people thrive. On behalf of our members and the communities we serve across Virginia, we respectfully submit this comment in opposition to "Regulations Governing Biological Sex Specific or Separated Spaces and Activities”.

While the petition is presented as a matter of public health, the substance of the request falls outside the statutory authority, mission, and expertise of the Virginia State Board of Health. The Board is charged with promulgating regulations necessary to protect and promote public health, prevent disease, and ensure the effective administration of health services. Petition 432 does not identify a public health threat, health outcome, or evidence-based concern that would justify regulatory action by a health authority.

Instead, the petition seeks to impose restrictions related to participation in athletics and access to gender-designated spaces - issues that are social, educational and already governed by existing statutory and regulatory frameworks. These matters do not fall within the scope of public health regulation, nor do they implicate the Board’s core responsibilities. Virginia’s women and girls face pressing real public health challenges, including being vulnerable to HIV, domestic violence, maternal health, and poverty. Addressing those challenges with urgency and intention is a core responsibility and should be the priority of the Board.

Notably, the petition fails to cite credible medical or public health evidence demonstrating that transgender or gender-diverse Virginians pose a risk to the health or safety of others in athletic or public settings. In contrast, leading public health and medical organizations consistently affirm that policies singling out transgender people for exclusion or scrutiny contribute to stigma, discrimination, and adverse health outcomes. Public health policy should be grounded in evidence and aimed at reducing harm-- not reinforcing it.

Any attempt to enforce such regulations would necessarily require intrusive inquiries into individuals’ bodies or identities, contradicting fundamental public health principles of privacy, dignity, and non-discrimination.

Additionally, Virginia Human Rights Act protects people from discrimination on the basis of gender identity in public accommodations, including programs and facilities that are open and offered to the general public. Athletic leagues, sports programs, and similar spaces are part of public life, and policies that single out transgender people for exclusion undermine those protections. Excluding transgender women and girls simply because they are transgender is discrimination, not public health.

Blanket bans preventing transgender girls from playing on girls’ sports teams violate federal protections and unlawfully discriminate against students based on their gender identity. These decisions reflect a growing and consistent understanding that inclusion-not exclusion- best serves student well-being, fairness, and safety.

For these reasons, Equality Virginia urges the Virginia State Board of Health to halt this regulatory process, reject Petition 432 and to remain focused on its core mission: advancing evidence-based public health policy that protects the health, dignity, and well-being of all Virginians.