‘Women’s Bill of Rights’ passes House; Democrats say it’s a vehicle for discrimination

Del. Kathie Hess Crouse, R-Putnam, sponsor for the Women's Bill of Rights speaks in support of House Bill 5234 on Wednesday, Feb 14, 2024 in Charleston, W.Va. (Perry Bennett | West Virginia Legislative Photography)

A proposed “Women’s Bill of Rights” that would narrow the definition of women in state code passed out of the House of Delegates on Wednesday. Democrats, who unanimously opposed the bill, noted that it was an “empty Valentine’s Day card” to women in the state.

The measure, House Bill 5234 , 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 also gives legal backing to same-sex spaces like bathrooms, though the legislation doesn’t say how that would be mandated in schools, restaurants and more.

“Since the 1970s, radical feminists supporters of the Equal Rights Amendment have sought a world in which men and women are treated exactly the same in every single circumstance, regardless of physical differences. A world where men and women may never be separated for any reason. The Women’s Bill of Rights aims to halt this radical agenda,” bill sponsor Kathie Hess Crouse, R-Putnam, said on the floor.

The legislation was amended last week, at the request of Del. Brandon Steele, R-Raleigh, to criminalize marital rape. West Virginia is one two remaining states that allow an exemption to spouses for rape charges, he said.

The House of Delegates passed the bill with an 87-12 vote. It will head to the Senate for consideration.

During bill debate, Crouse read from Genesis in the Bible, saying God created male and female.

“All of us in this chamber know we can’t prevent sex discrimination if we cannot even define sex,” she said.

In response, House newcomer Del. Anitra Hamilton, D-Monongalia, said that while the Bible was “righteous and holy,” the bill was a vehicle to target a certain population of people.

“As a Legislature, we cannot get comfortable using laws to scorn people because they don’t look like us [and] they don’t worship like us … and if we’re going to create laws to impact our state then we have to be cognizant that we must be mindful of all people,” she said.

All 11 of the House Democrats opposed the legislation in floor speeches. They cited a litany of concerns, including that it did nothing for women and put into law that “equal does not mean ‘same’ or ‘identical’ with respect to equality of the sexes.”

”The bill decimates the definition of equal in our state code,” said Del. Kayla Young, D-Kanawha, who added that when the words “women” and “female” appear in state dozens of times regarding employment, taxes, disability rights and more.

“I cannot believe we are doing this on Valentine’s Day … [that] we think that discrimination is fine,” she said.

Del. Diana Winzenreid, R-Ohio, was the sole Republican House member to vote against the measure. She told members that it would conflict with the city of Wheeling’s Human Rights Act, which guarantees equal protections regardless of sexual identity.

“Because of this, I was unable to support this,” she said.

The legislation is supported by Gov. Jim Justice, who earlier this month held a press conference to tout the bill.

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