Gov. Patrick Morrisey signs the “Riley Gaines Act,” Wednesday, March 12, 2025, that will define the terms “man” and “woman” in West Virginia state code using biological sex. (West Virginia Office of the Gov. Patrick Morrisey | Courtesy photo)
In a packed room in the West Virginia Capitol, Gov. Patrick Morrisey signed a bill Wednesday that will for the first time define the terms “man” and “woman” in state code by a person’s biological sex. The measure is the first of the Republican governor’s priority bills to make it to his desk this legislative session.
The bill, known as the “Riley Gaines Act,” will restrict transgender individuals’ access to spaces like bathrooms or locker rooms that align with their gender identity. State code will not recognize the existence of nonbinary people or those who do not identify as “male” or “female.”
“I said in my State of the State speech that West Virginia was going to lead with common sense, and that’s exactly what we’re here to do today,” said Morrisey, who signed the legislation while flanked by female lawmakers and students. “It’s common sense that women’s spaces, like bathrooms, locker rooms, domestic violence shelters and rape crisis centers should be kept private for women only.”
“West Virginia will not bow down to radical gender ideology,” he added.
State lawmakers signed off on the measure last week, with several Democrats voting against it, citing concerns that it targeted vulnerable transgender adults and children.
The Senate amended the measure Tuesday to clarify that the bill can’t be construed as authorization for someone to examine a child’s genitals for the purposes of determining the child’s biological sex.
Morrisey named the legislation after former University of Kentucky collegiate swimmer Riley Gaines, who has spoken out against trans women in sports. Other states have introduced similar measures by the same name that would restrict transgender individuals’ access to bathrooms and school sports teams.
“Thanks to Gov. Morrisey and, again, the West Virginia prioritization of a bill that defines sex and preserves women’s spaces, nearly a million West Virginian women and girls will not be subjected to embarrassing and sometimes, oftentimes even dangerous experiences in their private spaces,” said Gaines, who attended the bill signing in Charleston.
There is no empirical evidence to support claims that trans people commit harassment or assault against others when using bathrooms or facilities that align with their gender identity. Instead, people who are trans are more likely to be victims of such attacks when forced to use facilities that don’t match their gender identity, according to a study from the Williams Institute at the UCLA School of Law.
Andrew Schneider, director of the statewide LGBTQ advocacy organization Fairness West Virginia, said in a statement, “Although the brunt of this bill focuses on bathrooms, I hope we all don’t lose sight of the many other harms this bill could cause. This bill explicitly prohibits domestic violence shelters from providing a true safe haven to transgender victims.”
The West Virginia Domestic Violence Coalition opposed the measure, saying that restricting the ability to serve transgender women seeking shelter would be “a death sentence” for those individuals.
In January, President Donald Trump issued an executive order proclaiming that the U.S. government will recognize only two sexes, male and female.
Morrisey, a staunch supporter of Trump, said, “We’re going to support every effort of his to protect women’s sports and women’s spaces.”
GET THE MORNING HEADLINES.