Most speakers tell lawmakers ‘Women’s Bill of Rights’ does nothing for women

The House of Delegates held a public hearing for House Bill 5243, the Women's Bill of Rights, on Thursday, Feb. 8, 2024 in Charleston, W.Va. (Perry Bennett | West Virginia Legislative Photography)

A public hearing over legislation dubbed a “Women’s Bill of Rights” drew largely opposition from speakers, many of whom felt it was a misnamed bill aimed at hurting the state’s transgender population.

Many speakers said — in 90 seconds — that the bill did nothing for women in West Virginia, who face poor maternal health , employment barriers and a high rate of poverty.

“I oppose this purposely inaccurately-named bill. It is a pack of lies with hate at its center,” said Judy Hamilton at the public hearing. “Its sole purpose is to shun valuable, vulnerable citizens.”

The public hearing was held Thursday morning in the House of Delegates about the bill of rights, laid out in House Bill 5243. Around 25 people spoke at the event. The bill is supported by Gov. Jim Justice, who plans to sign the legislation if it reaches his desk.

The legislation would codify in state law that any mention of women would only apply to those who are women according to their biological sex at birth. It would also provide legal backing to same-sex spaces, including locker rooms, bathrooms and domestic violence shelters.

“I sponsored the Women’s Bill of Rights because it will clearly and consistently define what constitutes female and male, which is a critical step to ensuring equal opportunities, rights and protections under the law and that carries to all aspects of life,” bill sponsor Del. Kathie Hess Crouse, R-Putnam, said in part in an email. “This bill would not infringe on anyone’s right to identify how they wish.”

Elisa Payne spoke publicly in support of the bill, saying, “For decades, women have been fighting for rights. We are fighting for privacy and safety in bathrooms, locker rooms and sporting events.”

However, many people at the public hearing argued that the bill’s sole purpose was to  “punch down” at the state’s transgender community.

“Trans people are not a danger to women. We are simply trying to exist,” said Samuel Green, who spoke at the hearing. “You made no attempt to put anything into this bill that helped women.”

Chris Smith, an attorney in Charleston, focused on how the bill would restrict access for trans women trying to access a domestic violence shelter.

“The trans community is four times more likely to suffer sexual assault,” he said. “I cannot see the point of a bill that would deny those individuals care.”

Representatives from Fairness West Virginia, Planned Parenthood South Atlantic and American Civil Liberties Union of West Virginia spoke out against the bill.

Eli Baumwell, interim executive director for ACLU-WV, said the legislation would lead to “an explosion of lawsuits” against the state.

The bill is expected to be on second reading in the House tomorrow, where lawmakers could propose amendments.

Del. Joey Garcia, D-Marion, attempted to amend the bill on Monday in a committee meeting by adding in a women’s fair pay act. Committee members said that Garcia’s motion was not germane to the bill and did not approve it.

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