Signed by Governor Patrick Morrisey

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that defines "men" and "women" in state code in West Virginia.

Highlights:

• Prohibits the use of the provisions of this bill to violate Grimm v. Gloucester School Board (Sec. 5-32-1).

• Defines a “woman” as a human adult of the female sex (Sec. 5-32-3).

• Defines a “man” as a human adult of the male sex (Sec. 5-32-3).

• Defines a “girl” as a human female who is a legal minor (Sec. 5-32-3).

• Defines a “boy” as a human male who is a legal minor (Sec. 5-32-3).

• Specifies that the definitions of “girl” and “boy” are not meant to exclude adult students from participation in high-school-aged school or extracurricular programming (Sec. 5-32-3).

• Defines “mother” as the female parent of a child or children (Sec. 5-32-3).

• Defines “father” as the male parent of a child or children (Sec. 5-32-3).

• Defines a “female” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce ova for fertilization (Sec. 5-32-3).

• Defines a “male” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce sperm for fertilization (Sec. 5-32-3).

• Defines “sex” as a term used to classify individuals into the categories of man or woman, unless a congenital or medically-verifiable, sex development disorder can be provided (Sec. 5-32-3).

• Defines “domestic violence shelter” as a residential service offered by a licensed domestic violence program temporarily to victims of domestic, dating, or sexual violence and their children, if the program receives funding from the West Virginia Department of Human Services (Sec. 5-32-3).

• Defines “public school” to include any school under the general supervision of the state Board of Education (Sec. 5-32-3).

• Defines “multiple occupancy restroom or changing room” to include (Sec. 5-32-3):

• Restrooms;

• Locker rooms; and

• Shower rooms.

• Defines “changing area” as an area designed or designated to be used by one or more individuals at the same time wherein individuals may undress (Sec. 5-32-3).

• Defines “sleeping quarters” as a room with more than 1 bed where an individual is housed overnight (Sec. 5-32-3).

• Prohibits state or local governmental agencies from disallowing distinctions between the sexes within domestic violence shelters (Sec. 5-32-4).

• Requires domestic violence shelters to provide (Sec. 5-32-5):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Specifies that the provisions of this section of the  bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-5):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-5).

• Requires each public school system and state institution of higher education to provide (Sec. 5-32-6):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Requires public schools sponsoring or supervising an overnight trip to (Sec. 5-32-6):

• Ensure shared sleeping quarters are separated by sex; or

• Provide single-occupancy sleeping quarters.

• Authorizes public schools to allow students to share sleeping quarters with members of the opposite sex, if the individual of the opposite sex is in the student’s immediate family (Sec. 5-32-6).

• Authorizes state institutions of higher education to allow students to share sleeping quarters with an individual of the opposite sex, if both agree to share the space prior to the trip (Sec. 5-32-6).

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-6):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-6).

• Requires the Commissioner of Corrections and Rehabilitation to provide (Sec. 5-32-7):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms.

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-7):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Operational needs of the institution.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Prison Rape Elimination Act or the Americans with Disabilities Act (Sec. 5-32-7).

• Requires any institution that collects and categorizes data by sex to comply with anti-discrimination laws to use an individual’s sex assigned at birth (Sec. 5-32-8).

• Specifies that this bill is severable, if any provision is held to be unconstitutional (Sec. 5-32-9).

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with House passage and further amend a bill that defines "men" and "women" in state code in West Virginia.

Highlights:

• Prohibits the use of the provisions of this bill to violate Grimm v. Gloucester School Board (Sec. 5-32-1).

• Defines a “woman” as a human adult of the female sex (Sec. 5-32-3).

• Defines a “man” as a human adult of the male sex (Sec. 5-32-3).

• Defines a “girl” as a human female who is a legal minor (Sec. 5-32-3).

• Defines a “boy” as a human male who is a legal minor (Sec. 5-32-3).

• Specifies that the definitions of “girl” and “boy” are not meant to exclude adult students from participation in high-school-aged school or extracurricular programming (Sec. 5-32-3).

• Defines “mother” as the female parent of a child or children (Sec. 5-32-3).

• Defines “father” as the male parent of a child or children (Sec. 5-32-3).

• Defines a “female” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce ova for fertilization (Sec. 5-32-3).

• Defines a “male” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce sperm for fertilization (Sec. 5-32-3).

• Defines “sex” as a term used to classify individuals into the categories of man or woman, unless a congenital or medically-verifiable, sex development disorder can be provided (Sec. 5-32-3).

• Defines “domestic violence shelter” as a residential service offered by a licensed domestic violence program temporarily to victims of domestic, dating, or sexual violence and their children, if the program receives funding from the West Virginia Department of Human Services (Sec. 5-32-3).

• Defines “public school” to include any school under the general supervision of the state Board of Education (Sec. 5-32-3).

• Defines “multiple occupancy restroom or changing room” to include (Sec. 5-32-3):

• Restrooms;

• Locker rooms; and

• Shower rooms.

• Defines “changing area” as an area designed or designated to be used by one or more individuals at the same time wherein individuals may undress (Sec. 5-32-3).

• Defines “sleeping quarters” as a room with more than 1 bed where an individual is housed overnight (Sec. 5-32-3).

• Prohibits state or local governmental agencies from disallowing distinctions between the sexes within domestic violence shelters (Sec. 5-32-4).

• Requires domestic violence shelters to provide (Sec. 5-32-5):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Specifies that the provisions of this section of the  bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-5):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-5).

• Requires each public school system and state institution of higher education to provide (Sec. 5-32-6):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Requires public schools sponsoring or supervising an overnight trip to (Sec. 5-32-6):

• Ensure shared sleeping quarters are separated by sex; or

• Provide single-occupancy sleeping quarters.

• Authorizes public schools to allow students to share sleeping quarters with members of the opposite sex, if the individual of the opposite sex is in the student’s immediate family (Sec. 5-32-6).

• Authorizes state institutions of higher education to allow students to share sleeping quarters with an individual of the opposite sex, if both agree to share the space prior to the trip (Sec. 5-32-6).

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-6):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-6).

• Requires the Commissioner of Corrections and Rehabilitation to provide (Sec. 5-32-7):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms.

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-7):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Operational needs of the institution.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Prison Rape Elimination Act or the Americans with Disabilities Act (Sec. 5-32-7).

• Requires any institution that collects and categorizes data by sex to comply with anti-discrimination laws to use an individual’s sex assigned at birth (Sec. 5-32-8).

• Specifies that this bill is severable, if any provision is held to be unconstitutional (Sec. 5-32-9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that defines "men" and "women" in state code in West Virginia.

Highlights:

• Prohibits the use of the provisions of this bill to violate Grimm v. Gloucester School Board (Sec. 5-32-1).

• Defines a “woman” as a human adult of the female sex (Sec. 5-32-3).

• Defines a “man” as a human adult of the male sex (Sec. 5-32-3).

• Defines a “girl” as a human female who is a legal minor (Sec. 5-32-3).

• Defines a “boy” as a human male who is a legal minor (Sec. 5-32-3).

• Specifies that the definitions of “girl” and “boy” are not meant to exclude adult students from participation in high-school-aged school or extracurricular programming (Sec. 5-32-3).

• Defines “mother” as the female parent of a child or children (Sec. 5-32-3).

• Defines “father” as the male parent of a child or children (Sec. 5-32-3).

• Defines a “female” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce ova for fertilization (Sec. 5-32-3).

• Defines a “male” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce sperm for fertilization (Sec. 5-32-3).

• Defines “sex” as a term used to classify individuals into the categories of man or woman, unless a congenital or medically-verifiable, sex development disorder can be provided (Sec. 5-32-3).

• Defines “domestic violence shelter” as a residential service offered by a licensed domestic violence program temporarily to victims of domestic, dating, or sexual violence and their children, if the program receives funding from the West Virginia Department of Human Services (Sec. 5-32-3).

• Defines “public school” to include any school under the general supervision of the state Board of Education (Sec. 5-32-3).

• Defines “multiple occupancy restroom or changing room” to include (Sec. 5-32-3):

• Restrooms;

• Locker rooms; and

• Shower rooms.

• Defines “changing area” as an area designed or designated to be used by one or more individuals at the same time wherein individuals may undress (Sec. 5-32-3).

• Defines “sleeping quarters” as a room with more than 1 bed where an individual is housed overnight (Sec. 5-32-3).

• Prohibits state or local governmental agencies from disallowing distinctions between the sexes within domestic violence shelters (Sec. 5-32-4).

• Requires domestic violence shelters to provide (Sec. 5-32-5):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Specifies that the provisions of this section of the  bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-5):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-5).

• Requires each public school system and state institution of higher education to provide (Sec. 5-32-6):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Requires public schools sponsoring or supervising an overnight trip to (Sec. 5-32-6):

• Ensure shared sleeping quarters are separated by sex; or

• Provide single-occupancy sleeping quarters.

• Authorizes public schools to allow students to share sleeping quarters with members of the opposite sex, if the individual of the opposite sex is in the student’s immediate family (Sec. 5-32-6).

• Authorizes state institutions of higher education to allow students to share sleeping quarters with an individual of the opposite sex, if both agree to share the space prior to the trip (Sec. 5-32-6).

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-6):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-6).

• Requires the Commissioner of Corrections and Rehabilitation to provide (Sec. 5-32-7):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms.

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-7):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Operational needs of the institution.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Prison Rape Elimination Act or the Americans with Disabilities Act (Sec. 5-32-7).

• Requires any institution that collects and categorizes data by sex to comply with anti-discrimination laws to use an individual’s sex assigned at birth (Sec. 5-32-8).

• Specifies that this bill is severable, if any provision is held to be unconstitutional (Sec. 5-32-9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that defines "men" and "women" in state code in West Virginia.

Highlights:

• Prohibits the use of the provisions of this bill to violate Grimm v. Gloucester School Board (Sec. 5-32-1).

• Defines a “woman” as a human adult of the female sex (Sec. 5-32-3).

• Defines a “man” as a human adult of the male sex (Sec. 5-32-3).

• Defines a “girl” as a human female who is a legal minor (Sec. 5-32-3).

• Defines a “boy” as a human male who is a legal minor (Sec. 5-32-3).

• Specifies that the definitions of “girl” and “boy” are not meant to exclude adult students from participation in high-school-aged school or extracurricular programming (Sec. 5-32-3).

• Defines “mother” as the female parent of a child or children (Sec. 5-32-3).

• Defines “father” as the male parent of a child or children (Sec. 5-32-3).

• Defines a “female” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce ova for fertilization (Sec. 5-32-3).

• Defines a “male” as an individual who naturally has, had, will have, or would, if not for development, genetic, or accidental anomaly, produce sperm for fertilization (Sec. 5-32-3).

• Defines “sex” as a term used to classify individuals into the categories of man or woman, unless a congenital or medically-verifiable, sex development disorder can be provided (Sec. 5-32-3).

• Defines “domestic violence shelter” as a residential service offered by a licensed domestic violence program temporarily to victims of domestic, dating, or sexual violence and their children, if the program receives funding from the West Virginia Department of Human Services (Sec. 5-32-3).

• Defines “public school” to include any school under the general supervision of the state Board of Education (Sec. 5-32-3).

• Defines “multiple occupancy restroom or changing room” to include (Sec. 5-32-3):

• Restrooms;

• Locker rooms; and

• Shower rooms.

• Defines “changing area” as an area designed or designated to be used by one or more individuals at the same time wherein individuals may undress (Sec. 5-32-3).

• Defines “sleeping quarters” as a room with more than 1 bed where an individual is housed overnight (Sec. 5-32-3).

• Prohibits state or local governmental agencies from disallowing distinctions between the sexes within domestic violence shelters (Sec. 5-32-4).

• Requires domestic violence shelters to provide (Sec. 5-32-5):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-5).

• Specifies that the provisions of this section of the  bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-5):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-5).

• Requires each public school system and state institution of higher education to provide (Sec. 5-32-6):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms;

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Reasonable accommodations to an individual who is unwilling or unable to use the sleeping quarters, multiple occupancy restroom, or changing room designated for their sex.

• Authorizes the use of single-occupancy facilities as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Prohibits the use of facilities designated for the opposite sex as reasonable accommodations for individuals unwilling or unable to use facilities designated for their assigned sex (Sec. 5-32-6).

• Requires public schools sponsoring or supervising an overnight trip to (Sec. 5-32-6):

• Ensure shared sleeping quarters are separated by sex; or

• Provide single-occupancy sleeping quarters.

• Authorizes public schools to allow students to share sleeping quarters with members of the opposite sex, if the individual of the opposite sex is in the student’s immediate family (Sec. 5-32-6).

• Authorizes state institutions of higher education to allow students to share sleeping quarters with an individual of the opposite sex, if both agree to share the space prior to the trip (Sec. 5-32-6).

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-6):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Accompaniment by an adult caretaker for young children.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Americans with Disabilities Act (Sec. 5-32-6).

• Requires the Commissioner of Corrections and Rehabilitation to provide (Sec. 5-32-7):

• Female-designated sleeping quarters, multiple occupancy restrooms, and changing rooms; and

• Male-designated sleeping quarters, multiple occupancy restrooms, and changing rooms.

• Specifies that the provisions of this section of the bill do not prohibit individuals of the opposite sex from entering a sex-designated facility to provide (Sec. 5-32-7):

• Authorized custodial, maintenance, or inspection services;

• Medical assistance;

• Assistance by law enforcement;

• Services or render aid during a natural disaster, declared emergency, or serious threat to safety; or

• Operational needs of the institution.

• Specifies that the provisions of this bill do not disallow accommodations for individuals protected by the Prison Rape Elimination Act or the Americans with Disabilities Act (Sec. 5-32-7).

• Requires any institution that collects and categorizes data by sex to comply with anti-discrimination laws to use an individual’s sex assigned at birth (Sec. 5-32-8).

• Specifies that this bill is severable, if any provision is held to be unconstitutional (Sec. 5-32-9).

Full Bill Text