The University of Virginia Board of Visitors voted February 21 to continue providing gender-affirming care for youth “in a manner compliant with existing law”—with some caveats.
Under the resolution, providers can continue to treat current patients, but all “new patients seeking gender-affirming care of the nature described in the presidential executive order should be referred to alternative private health-care providers until further notice.”
The executive order—”Protecting Children from Chemical and Surgical Mutilation”—was issued in January and prohibits federal coverage and funding for institutions providing patients under 19 years old with access to puberty blockers, hormone replacement therapy, and surgical procedures.
Two federal judges have blocked enforcement of the executive action amid legal proceedings.
More than 100 protesters gathered outside the Rotunda on Friday during the closed-session portion of the BOV meeting, chanting and carrying signs. Dozens of area health-care workers were also in attendance to show their support for trans youth and patients, with many hoping to enter the room when the meeting re-opened to the public.
Board members were already in the process of voting as local media and the public were allowed back in the room. The decision was not unanimous, but passed with majority support. Vice Rector Carlos Brown and Robert Blue both abstained from the decision, and L.F. Payne voted no. Rector Robert Hardie voted yes, “with reservations,” according to UVA Associate Vice President and Chief Communications Officer Brian Coy.
UVA and Virginia Commonwealth University were among the first hospital systems in the country to stop gender-affirming care for minors, prompted by a memo from Virginia Attorney General Jason Miyares. Though UVA reversed course after Judge Brendan Hurson issued a temporary restraining order February 13 that blocked enforcement of Trump’s order, the future of health care for trans youth in Charlottesville is still uncertain.
Here is the full text of the UVA BOV resolution:
RESOLUTIONS ON GENDER CARE AND PROPER BOARD GOVERNANCE
WHEREAS, following the January 28, 2025 Presidential Executive Order regarding gender affirming care for minors (as defined therein) and pursuant to legal advice set forth in the memorandum dated January 30, 2025 from the Attorney General of the Commonwealth of Virginia regarding the risks to the University attendant to the provision of such care, the leadership of the University of Virginia immediately suspended such care without consultation with the Board of Visitors; and
WHEREAS, following the issuance of a temporary stay of such Presidential Executive Order by a Federal District Court, leadership of the University of Virginia then reversed the suspension of such care on February 13, 2025, again without consultation with the Board of Visitors; and
WHEREAS, there remains significant legal uncertainty and institutional risk regarding the ability for recipients of federal funding to continue provision of the care described in such Presidential Executive Order; and
WHEREAS, the quality and stability of the care of patients by the University is of the utmost concern to the Board of Visitors; and
WHEREAS, the University receives significant federal funding each year and a loss of such federal funding would jeopardize the financial viability of the University; and WHEREAS, the Board of Visitors is responsible for seeing to the effective and transparent government of the University, and pursuant to Virginia law, Code Section 23.1-1301, among other matters the Board of Visitors is granted the authority to make regulations and policies for the University, and this Board of Visitors intends to exercise such authority.
RESOLVED, the Board of Visitors supports compassionate and ethical care for patients currently receiving care at the University; and
RESOLVED FURTHER, the Board of Visitors supports our doctors continuing to treat their current patients at the University in a manner consistent and compliant with existing law and, if appropriate, to refer current patients as soon as practicable to alternative private providers that may be less susceptible to the significant legal and funding uncertainties facing the University and other public providers; and
RESOLVED FURTHER, new patients seeking gender-affirming care of the nature described in the Presidential Executive Order should be referred to alternate private healthcare providers until further notice, provided that nothing herein shall prevent the University’s medical center providing other screening, counseling or other healthcare or mental health services; and
RESOLVED FURTHER, the Board of Visitors appoints the voting members of the Health System Board to evaluate the provision of gender affirming care services by
soliciting input from our doctors and other experts in this area in order to further educate the Board of Visitors as it continues to assess the full spectrum of risks facing the University and our patients; and
RESOLVED FURTHER, the Board of Visitors shall directly advise on compliance with any Presidential Executive Orders in consultation with its legal counsel, including any further decisions related to the aforementioned Presidential Executive Orders; and
RESOLVED FURTHER, the Board of Visitors shall be consulted prior to any consideration or announcement of any material policy changes of the University, or the creation of any task force or other committee created to formulate or evaluate any potential material policy changes, and the Board of Visitors may determine, in its discretion, the scope, objectives and final membership of any such group or the content of any such announcement.
