Trans Legislation Tracker

West Virginia

We are tracking 31 anti-trans bills in West Virginia in 2024. The legislation impacts 8 categories:

BIRTH CERTIFICATES

HEALTHCARE

EDUCATION

PERFORMANCE

BATHROOM

OTHER

INCARCERATION

CIVIL RIGHTS

WV HB4233

BIRTH CERTIFICATES
PASSED

Non-binary not permitted on birth certificates

The purpose of this bill is to require birth certificates issued in this state to include the gender of the child at birth and prohibit use of the term "non-binary" on birth certificates.

The birth certificate shall list the child's sex at birth as male or female and may not use the term "non-binary."

WV HB4357

HEALTHCARE
FAILED

To prohibit public university names for gender affirming care

The purpose of this bill is to restrict public universities or university associated healthcare facilities from performing gender reassignment surgeries or gender affirming care upon minors.

Any minor seeking gender affirming care before reaching 18 years of age shall be denied any such request by any licensed healthcare provider that provides services in this state under the name of a public university, such as West Virginia University Medicine, Marshall Health, or otherwise.

WV HB4387

EDUCATION
FAILED

Relating to nondiscrimination at institutions of higher education

The purpose of this bill is to prevent discrimination at institutions of higher education at West Virginia post-secondary institutions.

No diversity statement shall ever be required or solicited as part of an admissions process, employment application process, hiring process, contract renewal process, or promotion process; or as a condition of participation in any administrative or decision-making function of any public institution of higher education.

WV HB4421

PERFORMANCE
FAILED

Prohibit drag shows from being performed in front of minors and to prohibit people from dressing in drag when reading aloud during story time in schools.

The purpose of this bill is to prohibit drag shows from being performed in front of minors and to prohibit drags shows in schools and libraries.

"Adult-oriented business" means an adult arcade, an adult bookstore or video store, an adult cabaret, an adult live entertainment establishment, an adult motion picture theater, an adult theater, a massage establishment that offers adult services, an escort agency, a nude model studio, or a drag performance;

WV HB4579

EDUCATION
FAILED

To prohibit punishment for teachers who refuse to use pronouns inconsistent with a child’s sex

The purpose of this bill is to protect West Virginia public school teachers who refuse to use pronouns that are inconsistent with a student's biological sex.

No classroom teacher employed in a public school in this state may be required to use a student's preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student's biological sex.

WV HB4806

BATHROOM
FAILED

Require bathroom use in schools based upon biological sex

The purpose of this bill is to assign the use of bathrooms and multi-person common changing rooms by gender and to prohibit the usage of a designated room under this section by a person of the opposite sex, with exceptions for family members, rendering medical or other assistance; and to establish penalties for violations.

Require each multiple occupancy restroom or changing area to be designated as follows: (A) For the exclusive use by the male sex; or (B) For the exclusive use by the female sex; and [...] "Sex" means the physical condition of being male or female based on genetics and physiology.

WV HB4857

HEALTHCARE
FAILED

Banning Medicaid and CHIP from paying for child and adult transgender surgeries

The purpose of this bill is to prohibit Medicaid and CHIP payment for certain prohibited medical practices.

A physician who accepts or whose practice accepts Medicaid or Children's Health Insurance Program ("CHIP") as a form of payment may not provide irreversible gender reassignment surgery to a person who is under 18 years of age.

WV HB4884

HEALTHCARE
FAILED

Allowing healthcare workers to refuse to perform procedures related to sex reassignment or gender identity transitioning for religious or conscientious objection

The purpose of this bill is to create a healthcare provider right to object to certain procedures act with definitions; defining treatments or patients that may be objected to; and providing right to file civil action for damages and injunctive relief and action by the Attorney General.

No healthcare provider, may be required to: (1) Perform, assist, or participate in medical procedures, treatments, counseling, prescriptions or surgeries related to sex reassignment or gender identity transitioning, where to do so would be contrary to the person's religious or conscientious objection, or (2) Accept a patient for purposes of medical procedures, treatments, counseling, prescriptions or surgeries related to sex reassignment or gender identity transitioning, where to do so would be contrary to the person's religious or conscientious objection.

WV HB4898

OTHER
FAILED

Relating to foster or adoption parents sincerely held religious or moral beliefs regarding sexual orientation or gender idenity

The purpose of this bill is to prohibit, as a condition for eligibility to foster or adopt, by the West Virginia Department of Health and Human Services, the requirement to affirm, accept or support any government policy regarding sexual orientation or gender identity that conflicts with the parent's sincerely held religious or moral beliefs.

No current or prospective adoptive or foster parent [...] shall, as a condition for eligibility to foster or adopt, be required by the West Virginia Department of Health and Human Services to affirm, accept or support any government policy regarding sexual orientation or gender identity that conflicts with the parent’s sincerely held religious or moral beliefs.

WV HB4922

HEALTHCARE
FAILED

Establish cause of action upon violation of prohibition of providing gender reassignment or gender altering medication to minor

The purpose of this bill is to establish a cause of action upon violation of prohibition of providing gender reassignment or gender altering medication to a minor.

A physician may not provide irreversible gender reassignment surgery or gender altering medication to a person who is under eighteen years of age. A civil cause of action is hereby expressly established when a parent, or legal guardian, is psychologically, emotionally, financially, or physically harmed, or experiences a loss of parental consortium, that are caused by a physician’s violation of the provisions of this section of the code.

WV HB4923

HEALTHCARE
FAILED

Establishing parental requirements regarding gender reassignment surgery or gender altering medications for minor child

The purpose of this bill is to establish parental requirements regarding gender reassignment surgery or gender altering medications for minor children.

All final parenting orders or final divorce orders which contain provisions relating to allocation of significant decision-making responsibility shall contain language that establishes that a child, that is the subject to the final order, who is moved out of state by a custodial parent or guardian, shall not be exposed to any medical practices prohibited by §30-3-20 of this code without the express written consent of the non-custodial parent or guardian, unless the court makes specific written findings of fact and conclusions of law that the required permission of the non-custodial parent is not in the best interest of the child

WV HB5036

BATHROOM
FAILED

Creating the Parents' Bill of Rights

The purpose of this bill is to codify a Parents' Bill of Rights.

WV HB5184

INCARCERATION
FAILED

Inmates in WV jails must be housed based on biological sex

The purpose of this bill is to require inmates to be housed based on their biological sex.

Inmates shall be housed based on their biological sex.

WV HB5187

HEALTHCARE
FAILED

Remove hormone blockers from transgender code

The purpose of this bill is to remove hormone therapy as a means of medical treatment for minors.

Hormonal therapy, otherwise known as "hormone blockers," may not be provided in any circumstance [...] to a person who is under 18 years of age.

FAILED

Eliminate woke, anti-women words from state government

The purpose of this bill is to eliminate woke words and agendas from state government documents, websites, literature, and in person.

Woke words and agendas are prohibited from being used in government communications.(a) All state offices, departments, boards, and commissions are prohibited from using exclusionary, sexist language in state government business, effective immediately. (b) In official government documents, websites, literature and in person, the following exclusionary and sexist terms shall be replaced with accurate, female-affirming alternatives: Rather than "pregnant people" or "pregnant person," use "pregnant women" or "pregnant mom." Rather than "birthing person," use "birth mom." Rather than "menstruating person" or "menstruating people," use "woman" or "women." Rather than "birth-giver," use "woman."

WV HB5243

CIVIL RIGHTS
FAILED

Relating to Women’s Bill of Rights

The purpose of this bill is to establish the West Virginia Women's Bill of Rights.

(1) A "woman" is an adult human of the female sex, and a "man" is an adult human of the male sex; (2) A "girl" is a human female who has not yet reached adulthood, and a "boy" is a human male who has not yet reached adulthood; (3) A "mother" is a female parent of a child or children as defined in West Virginia law; a "father" is a male parent of a child or children as defined in West Virginia law; (4) A "female", when used in reference to a natural person, is an individual who has, had, will have, or would have (but for a developmental anomaly, genetic anomaly, or accident) the reproductive system that at some point produces ova; (5) A "male", when used in reference to a natural person, means an individual who has, had, will have, or would have (but for a developmental anomaly, genetic anomaly, or accident) the reproductive system that at some point produces sperm for fertilization of female ova;

WV HB5297

HEALTHCARE
FAILED

Relating to prohibiting pubertal modulation and hormonal therapy when provided to assist in a gender transition

The purpose of this bill is to remove pubertal modulation and hormonal therapy from prohibited practices.

WV HB5316

HEALTHCARE
FAILED

Adding exceptions to Article 7B of Chapter 55 of this code to which the provisions of Article 7B shall no longer apply

The purpose of this bill is to limit the applicability of this article to certain practices by medical care providers.

The provisions of this article shall not apply to the provision of services relating to [...] the performance of a surgery or provision of medical care, to include the provision of hormone therapy designed to change the gender attributes of a person, or the provision of medical care under Chapter 16A of this code.

WV HB5442

EDUCATION
FAILED

Free to Speak Act

The purpose of this bill is to prohibit adverse disciplinary or employment action in public schools for employees and students who refuse to give their pronouns or who refuse to call a person by a name or title that is inconsistent with that person's sex, provides definitions, and provides for a right to private cause of action for violations of this act.

Prohibiting adverse disciplinary or employment action in public schools and institutions of higher education for employees and students who refuse to give their pronouns or who refuse to call a person by a name or title that is inconsistent with that person's sex

WV HB5484

EDUCATION
FAILED

Relating to age appropriate instruction in health education

The purpose of this bill is to empower the state board of education to direct guidance to all local education agencies on what is appropriate for pre-kindergarten through five to be taught regarding health education.

The state board shall direct guidance to all local education agencies on what is appropriate for pre-kindergarten through grade five to be taught regarding health education. The guidance shall state that a public school in this state may not teach any instruction or distribute any curriculum or educational resource to a student in pre-kindergarten through grade five that: [...] (4) Has the goal or purpose of studying, exploring, or informing students about sexual relationships, family planning, abortion, human contraception, gender identity, gender expression, or sexual orientation.

WV HB5656

HEALTHCARE
FAILED

Relating to protecting and advancing the substantial public policies of this state

The purpose of this bill is to advance the substantial public policies of this state by prohibiting public entities from contravening the same and by requiring private entities who wish to receive state funds to file an affidavit averring that they will not contravene the substantial public policies of this state.

(a) No public entity shall contravene any substantial public policy of this state. (b) No private entity that contravenes any substantial public policy of this state shall be eligible to receive any form of state funds or financial assistance. (c) For purposes of this article, a public or private entity contravenes a substantial public policy of this state by:

WV SB194

HEALTHCARE
FAILED

Prohibiting gender transition surgeries, treatments, and therapies to minors

The purpose of this bill is to prohibit gender transition surgeries, treatments, and therapies to minors. The bill establishes penalties for practitioners in violation of regulations. The bill safeguards the mental and physical health of minors. The bill prohibits political subdivisions from enacting conflicting policies. The bill creates whistleblower protection. Finally, the bill prohibits taxpayer subsidization of gender transition treatments.

It shall be unlawful for any medical professional, mental health care professional, or counselor to engage in any of the following practices upon a minor, enable, or cause them to be performed, to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's biological sex:[...] (3) Prescribing or administering testosterone, estrogen, or progesterone to an individual in an amount greater than would normally be produced endogenously in a healthy individual of that individual's age and sex. (4) Prescribing or administering a hormone or hormone blocker for the purpose of altering the appearance or engaging in an experiment to convert an individual into their biologically opposite sex.

WV SB195

PERFORMANCE
FAILED

Protecting minors from exposure to indecent displays of sexually explicit nature

The purpose of this bill is to protect minors from indecent displays of a sexually explicit nature, including but not limited to, transvestite and/or transgender performances or displays to minors.

For the purposes of any prohibition, protection, or requirement under any and all articles and sections of this code protecting children from exposure to indecent displays of an obscene or sexually explicit nature, such prohibited displays shall include, but not be limited to, any transvestite and/or transgender exposure, performances, or display to any minor.

WV SB197

PERFORMANCE
FAILED

Prohibiting obscene materials in or within 2,500 feet of WV schools

The purpose of this bill is to prohibit obscene materials in West Virginia schools.

For the purposes of any prohibition, protection, or requirement under any and all articles and sections of the Code of West Virginia protecting children from exposure to indecent displays of a sexually explicit nature, such prohibited displays shall include, but not be limited to, any transvestite and/or transgender exposure, performances or display to any minor.

WV SB224

PERFORMANCE
FAILED

Prohibiting certain funding and involvement or attendance of minors to drag shows

Drag shows are defined as any event that involve adults engaging in entertainment put on by drag artists, or people who put on clothes and makeup that amplify the appearance of gender to impersonate men or women. [...] All minors in West Virginia are prohibited from being involved in drag shows for any reason. Additionally, drag shows may not be held in the presence of minors, with the responsibility of checking the appropriate age of attendees to fall upon the organization or group holding the drag show.

WV SB237

PERFORMANCE
FAILED

Criminalizing engaging in adult cabaret performance where it may be viewed by minor

It is a criminal offense for a person to engage in an adult cabaret performance: On public property; or In a location where the adult cabaret performance could be viewed by a person who is a minor. [...] "Adult cabaret performance" means a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to the prurient interest, or similar entertainers, regardless of whether performed for consideration.

WV SB322

EDUCATION
FAILED

Relating to crime of sexual assault

The purpose of this bill is to establish the crime of sexual assault in the fourth degree; to prohibit school personnel from subjecting a minor student to sexually explicit or oriented discussion, gender persuasion, reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent or guardian that is not the exact same for the minor's classmates; and to establish penalties for violation..

Sexual assault in the fourth degree. (a) A person is guilty of sexual assault in the fourth degree when: (1) He or she is employed as a teacher, principal, counselor, coach, other employee, or volunteer of any private or public elementary or secondary school; and (2) He or she subjects a minor student to sexually explicit or oriented discussion, gender persuasion, and reading or viewing material as a condition of academic advancement, including any requirement of permission from an individual student, parent or guardian that is not the exact same for the minor's classmates. (b) A person who violates the provisions of this section is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years or fined not more than $5,000 or both imprisoned and fined.

WV SB515

EDUCATION
FAILED

Prohibiting public schools from requiring students to participate in sexual orientation instruction

The purpose of this bill is to prohibit a public school student from being required to participate in instruction related to sexual orientation and gender identity if a parent, custodian, or guardian of the student objects in writing; require each public school to afford the parent, custodian, or guardian of a child subject to instruction with respect to sexual orientation and gender identity advance written notification of such instruction and of their right to exempt the child from participation; prohibit a public school and the county board employees assigned to the school from knowingly giving false or misleading information to the parent, custodian, or guardian of a student regarding the student's gender identity or intention to transition to a gender that is different than the sex listed on a student's official birth certificate or certificate issued upon adoption if the certificate was issued at or near the time of the student's birth; require a public school employee to report a student's request for an accommodation that is intended to affirm the student's gender identity from a person employed by the public school to an administrator employed by the county board and assigned to the school; and require the administrator to report the student's request to the student's parent, custodian, or guardian.

Allowing objection to sexual orientation and gender identity instruction; requiring advance notice of sexual orientation and gender identity instruction; prohibiting false information regarding student’s gender identity or intention to transition; requiring certain student requests to be reported to parent.

WV SB517

BIRTH CERTIFICATES
FAILED

Requiring biological sex on birth certificates to be male or female

The purpose of this bill is to require the biological sex to be limited to male or female and to require that nonbinary birth certificates not be issued. The bill also provides circumstances when an amended birth certificate may be issued to change gender. This may be issued based upon a chromosomal count that does not match the sex as different in the registered birth certificate. The bill states the evidence required to amend the birth certificate.

Notwithstanding any other provision to the contrary, beginning on the effective date of this section, the biological sex designation on a certificate of birth issued under this chapter shall either be male or female and shall not be nonbinary or any symbol representing a nonbinary designation including but not limited to the letter "X"Notwithstanding any other provision to the contrary, beginning on the effective date of this section, the biological sex designation on a certificate of birth issued under this chapter shall either be male or female and shall not be nonbinary or any symbol representing a nonbinary designation including but not limited to the letter "X"

WV SB601

CIVIL RIGHTS
FAILED

Creating WV Women's Bill of Rights

The purpose of this bill is to establish the West Virginia Women's Bill of Rights.

(1) A "woman" is an adult human of the female sex, and a "man" is an adult human of the male sex; (2) A "girl" is a human female who has not yet reached adulthood, and a "boy" is a human male who has not yet reached adulthood; (3) A "mother" is a female parent of a child or children as defined in West Virginia law; a "father" is a male parent of a child or children as defined in West Virginia law; (4) A "female", when used in reference to a natural person, is an individual who has, had, will have, or would have (but for a developmental anomaly, genetic anomaly, or accident) the reproductive system that at some point produces ova; (5) A "male", when used in reference to a natural person, means an individual who has, had, will have, or would have (but for a developmental anomaly, genetic anomaly, or accident) the reproductive system that at some point produces sperm for fertilization of female ova; [...] (7) A person's "sex" is his or her biological sex (either male or female) at birth. (A) There are only two sexes, and every individual is either male or female; (B) "Sex" is objective and fixed; and (C) "Sex" does not include "gender identity" or any other terms intended to convey a person’s subjective sense of self; "gender identity" and other subjective terms may not be used as synonyms or substitutes for "sex."

WV SB870

HEALTHCARE
FAILED

Restoring Sanity Act

The purpose of this bill is to establish the Anti-Woke Act; prohibit a school district, a public charter school, the West Virginia Board of Education, the West Virginia Department of Education, or any employee of the aforementioned entities from providing instruction in, requiring instruction in, making part of a course, or requiring a statement or affirmation by any employee certain concepts; prohibit a state institution of higher education and an employee of a state institution of higher education from requiring a student or employee to take instruction in, or include in the curriculum of any required course, or require a statement or affirmation by any student or employee that certain concepts are factual and accurate or must be held as a belief of the student or employee; provide that county board and public charter school employees are not required to use student's preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student's biological sex; prohibit a state institution of higher education from establishing, sustaining, supporting, or staffing a diversity, equity, and inclusion officer or office; and declare the policy of the state that the administrations of state institutions of higher education, and their administrative units, be officially neutral with regard to certain widely contested opinions.

Healthcare-related professional licensing boards shall not adopt or impose, as a condition of obtaining or renewing licenses, any incentives, or requirements that applicants for licensures undergo, demonstrate familiarity with, or support any DEI training, education, material, or program. (b) Organizations that issue state-required, healthcare-related professional licenses and certifications shall not use DEI material or require DEI training as part of the certification process. (c) Healthcare-related professional licensing boards and organizations that issue healthcare-related professional licenses and certifications shall not conduct internal DEI audits or otherwise engage DEI consultants.