The bill amends the Code of West Virginia by introducing a new article focused on defining sex and preserving single-sex spaces. It reaffirms the definitions of male and female, emphasizing the biological differences between the sexes and their implications for privacy and safety in various settings, including domestic violence shelters, public schools, institutions of higher education, and correctional facilities. The article establishes that the biological sex of a minor is determined at birth and prohibits examinations of minors for this purpose. It also mandates that public entities collect sex-based data accurately, identifying individuals strictly as male or female.
Additionally, the bill outlines specific provisions to ensure safety and privacy in designated spaces, such as restrooms and sleeping quarters, which must be segregated by sex. It allows for reasonable accommodations for individuals who cannot use facilities designated for their biological sex, while also ensuring that such accommodations do not compromise the privacy of others. The article includes a severability clause, ensuring that if any part of the law is deemed unconstitutional, the remaining provisions will still stand.
Statutes affected: Introduced Version: 5-32-1, 5-32-2, 5-32-3, 5-32-4, 5-32-5, 5-32-6, 5-32-7, 5-32-8
Committee Substitute: 5-32-1, 5-32-2, 5-32-3, 5-32-4, 5-32-5, 5-32-6, 5-32-7, 5-32-8, 5-32-9
Enrolled Committee Substitute: 5-32-1, 5-32-2, 5-32-3, 5-32-4, 5-32-5, 5-32-6, 5-32-7, 5-32-8, 5-32-9