The office of Virginia Governor Abigail Spanberger has refused to turn over any of the records it located in response to a Freedom of Information Act request concerning the withdrawal of a rule‑making effort aimed at keeping males out of girls’ sports. The administration invoked executive privilege, attorney‑client privilege and a state exemption for gubernatorial working papers and correspondence to deny access.
Scope of the withheld material
According to the office’s written response, fewer than 100 documents are being withheld, many of which are duplicates. The withheld material consists of correspondence and deliberative materials that are classified as working papers and protected communications under Virginia Code Section 2.2‑3705.7(2) and Section 2.2‑3705.1(2). The office also asserted that the request sought information protected by executive privilege.
Background of the petition
The Virginia State Board of Health had approved a petition on July 30 that would have introduced restrictions on male participation in organized female athletic teams and designated female spaces where women or girls could be undressed. The petition, originally filed in April 2025 by Réka György, Lily Mullens and Carter Satterfield, was approved 14‑0 by the Board of Health in August 2025.
Under the previous administration of Governor Glenn Youngkin, the notice of intended regulatory action cleared gubernatorial review on Oct. 28, 2025, was published on Nov. 17, and the public comment period concluded on Dec. 17. The effort remained at a preliminary stage when Governor Spanberger’s administration withdrew it.
Official withdrawal and rationale
The formal withdrawal notice, published in the Virginia Register of Regulations on Aug. 24, stated, “Upon review of statutory authority, the State Board of Health is not proceeding with this regulatory action.” In a September interview with Radio IQ, Governor Spanberger defended the decision, saying, “There’s no legal authority to move forward with rulemaking and prior administrations may have tried to create lanes, and we’re not doing that.”
FOIA request timeline
OutKick’s original FOIA request sought emails from members of the governor’s office concerning the withdrawal, covering the period from Spanberger taking office through July 30. After receiving a denial, OutKick submitted a narrower request for emails from employees other than the officials specifically identified in the gubernatorial exemption. That request also produced no records.
Subsequently, the governor’s office responded that, based on reasonable inquiry, the requested records could not be found or do not exist, citing Virginia Code Section 2.2‑3704(B)(3). The response did not indicate whether any non‑exempt portions of the records might be released.
Legal context
Virginia law permits the governor’s office to withhold qualifying correspondence and records prepared for designated officials’ personal or deliberative use. The exemption is discretionary unless another law specifically requires disclosure. The reach of the exemption can extend to records written by lower‑level employees for protected officials, meaning an employee’s job title alone does not determine whether a record must be released.
State law also requires disclosure of non‑exempt portions of records when an exclusion does not cover their entire contents. The governor’s office did not clarify whether any attachments or partial documents might be disclosed.
Implications for transparency
The refusal to release these records has drawn criticism from advocates of open government who argue that the public deserves insight into the decision‑making process behind policies that affect youth athletics. Supporters of the governor’s stance contend that the exemptions are properly applied to protect deliberative communications and legal counsel advice.
As the debate continues, Virginia residents and stakeholders in girls’ sports will be watching for any further developments or court challenges related to the transparency of the withdrawal.
Original reporting: Fox News (HLL/CB) — read the source article.
