House Republicans reject Democrat’s attempt to include equal pay in ‘Women’s Bill of Rights’

Del. Joey Garcia, D-Marion, (right) unsuccessfully attempted to amend the legislation to include a fair pay act for women on Monday in the House Judiciary Committee. (Perry Bennett | West Virginia Legislative Photography)

Legislation hailed as a “Women’s Bill of Rights” advanced in the House on Monday despite fervent pushback from Democrats that the bill does nothing to help women in the state.

A group of Republicans shot down a Democrat’s attempt to include equal pay protections for women in the legislation.

The bill, strongly supported by Gov. Jim Justice, 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.

“‘Sex’ does not include ‘gender identity’ or any other terms intended to convey a person’s subjective sense of self,” according to the legislation, House Bill 5243 .

According to an attorney for the Legislature, the only right the bill would ensure is the protection of same-sex spaces like restrooms, locker rooms and domestic violence shelters.

Justice, who is a high school girls’ basketball coach, last week held his first bill-focused press conference of the Legislative Session to announce the measure. The Republican governor and U.S. Senate candidate said that the bill would protect women’s sports.

He appeared alongside Riley Gaines, a former NCAA athlete who has spoken out against trans women in sports.

“This radical effort to erase sex must be stopped, and this is where this [bill] can help,” Gaines said. Four other states have introduced similar measures.

During Monday’s meeting of the House Judiciary Committee, no Republican offered up an explanation in support of the legislation. Bill sponsor Del. Kathie Hess Crouse, R-Putnam, was present but not a member of the committee.

Meanwhile, Democrats pushed back on the bill in a lengthy debate that largely focused on how the bill would offer no codified equality or protections for women in West Virginia.

“Does this bill that states equality guarantee the right to equal pay? Does it guarantee the right to affordable child care?” questioned Del. Shawn Fluharty, D-Ohio. “I’m trying to figure out what rights we are providing.”

Del. Joey Garcia, D-Marion, attempted to amend the bill to include a women’s equal pay act , which was already introduced by fellow Democrat Del. Kayla Young this year, but has received no traction. The legislation would allow individuals to inquire about other employees’ wages and bar employers from inquiring about an applicant’s past wages.

Young’s bill is named the Katherine Johnson and Dorothy Vaughan Fair Pay Act, after two West Virginia mathematicians who went on to become NASA trailblazers. The pair was featured in the movie “Hidden Figures.”

Garcia told lawmakers that both women faced substantial pay disparities throughout their careers.

“If we are going to talk about a women’s bill of rights, then we should talk about fair pay for women,” said Garcia, who serves as committee minority chair. “We have not been able to get this bill on a committee agenda … and this is the perfect time to vote on it.”

Committee Chair Tom Fast, R-Fayette, said the women’s fair pay act wasn’t germane to the Women’s Bill of Rights legislation, and Republicans in the room — including two women — agreed, turning down Garcia’s amendment.

The committee ultimately signed off on the bill with Democrats voting against it.

Fairness West Virginia, the ACLU-WV and Planned Parenthood South Atlantic have all spoken out against the bill.

“This bill doesn’t help women, it only punches down on our trans neighbors,” said Emily Womeldorff, advocacy campaigns director for Planned Parenthood South Atlantic. “We welcome legislation that would support women in West Virginia, like equal pay, better health care, access to abortion and paid leave. [The bill] does none of that.”

The committee also passed House Bill 4233 , which would require the state to include the gender of the child on a birth certificate seven days after birth. It would also prohibit the use of the term “non-binary” on birth certificates.

Currently, birth certificates report the sex of the child as male or female.

In 2022, Oklahoma became the first state to ban nonbinary gender identification on birth certificates.

More than a dozen states allow individuals to select a gender-neutral “X” gender marker on their birth certificates.

A counsel for the committee was not aware of any instances in West Virginia where a person attempted to mark non-binary on a child’s birth certificate.

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