On November 25, 2025, Defending Education (DE) filed a request under the Virginia Freedom of Information Act with the Virginia Commonwealth University (VCU) Health System for records about its “gender-affirming care.” The office found 784 emails that matched the request and sent DE a bill for processing costs. Then it suddenly reversed course, claiming that none of the emails were public records because none of them “transacted the business of VCU or VCU Health System.”
That claim is hard to believe. It is contradicted by public information about how VCU Health System operates, and it conflicts with Virginia Supreme Court decisions on what counts as “public business” under state law. On March 5, 2026, DE sent a demand letter to VCU Health System’s FOIA officer asking it to comply with DE’s request.
Freedom of information laws exist to keep government and its officials accountable to the people they serve. DE looks forward to a quick resolution and to more transparency in the Commonwealth of Virginia.
Read the full letter below:
