The West Virginia Senate approved a bill that aims to keep transgender individuals from accessing women’s bathrooms, locker rooms and other spaces. The measure would also define sex-based terms of female and male using biological sex. (Will Price | West Virginia Legislative Photography)
The terms of “woman” and “man” would be defined using biological sex in state law, according to a bill approved Monday in the Senate.
The measure, a priority piece of legislation for Gov. Patrick Morrisey, would also limit transgender individuals’ access to women’s bathrooms, locker rooms and domestic violence shelters.
“Currently, West Virginia has no law specifically defining men and women. The legislation seeks to remedy that,” said Sen. Mike Stuart, R-Kanawha.
Senate Bill 456, contains no criminal penalties for schools, higher education institutions and others that would fail to uphold the bill’s requirements.
Sen. Joey Garcia, D-Marion, was the only Senator to vote against the measure, saying it was based on the “idea of this boogeyman story of what might happen,” rather than on data or incidents that occurred in West Virginia.
Garcia, who cited a Biblical story on the floor, said that his Christian faith had propelled him to vote against the measure.
“I believe that God made people how they are, and that he does not make mistakes, and that every child is a child of God,” he said. “So this legislation, I believe, it hurts my neighbors. It does not love them. And for that reason, I will be a no.”
In response, Sen. Rollan Roberts, R-Raleigh, said the Bible outlined male and female sexes in Genesis.
“Stating the facts, as we see in the foundational book of the Bible, does not mean that there is a lack of love or compassion for anyone else on this earth, and I support the bill wholeheartedly,” Roberts said.
The West Virginia Coalition of Domestic Violence opposes the measure, and a leader of a shelter told lawmakers that could impact their ability to serve transgender individuals. Additionally, tight budgets could make it impossible to build separate spaces as needed under the bill.
“It denies individual freedoms under the guise of protecting women and is counter to our survivor centered and empowerment values,” the coalition said in a statement.
The measure passed the state Senate as U.S. Sen. Jim Justice, R-W.Va., who failed to get a similar bill through the Legislature last year while governor, joined his Senate GOP colleagues in seeking clarification from the NCAA on its policy allowing biological males in women’s locker rooms.
The bill, which goes to the House of Delegates for consideration, is the second of high-profile Morrisey-backed legislation to make it through the Senate.
The Senate approved the governor’s requested vaccination exemption bill Feb. 21. The measure would permit broad religious and philosophical exemptions to the state’s strict childhood immunization laws.
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