Senate’s ‘Women’s Bill of Rights’ moving forward in final week of session

Del. Joey Garcia, D-Monongalia, speaks on the House floor on March 5, 2024, in Charleston, W.Va. (Perry Bennett | West Virginia Legislative Photography)

Legislation dubbed as a “Women’s Bill of Rights” is advancing in the final week of the legislative session.

The House accepted the Senate’s version of the bill, Senate Bill 601 , on Wednesday. It would narrow the definition of genders in state law — codifying that “woman” and “man” would be tied to the individual’s gender at birth. The legislation also assures protection of single-sex spaces like restrooms and locker rooms.

“While it’s disheartening that [the House bill] didn’t make it through committee, I’m relieved that the Senate has passed their version with the language of the committee substitute from House Judiciary intact,” said Kathie Hess Crouse, R-Putnam. She sponsored the House version of the “Women’s Bill of Rights.”

She continued, “The crucial aspect is that we’ll be providing clarity on the definitions of woman and man and ensuring the protection of single-sex spaces. This is a step forward in promoting inclusivity and safety.”

Missing in the Senate’s version was language that would close a marital rape loophole, prompting Del. Joey Garcia, D-Marion, ahead to the vote to ask for the bill to go back to the House Judiciary Committee for consideration.

His move was an effort to kill the bill as the Judiciary Committee isn’t expected to meet again before the Legislature adjourns Saturday at midnight. Democrats opposed the bill , saying it did nothing for women — like guarantee equal pay issues or guaranteed paid family leave time — and was an attempt to “punch down” at the state’s transgender population.

Fairness West Virginia, an LGBTQ civil rights advocacy organization, and the majority of people who spoke at a public hearing opposed the legislation.

The House rejected Garcia’s motion then advanced the bill. It is expected to be up for a final vote this week.

The legislation is supported by Gov. Jim Justice, who held a press conference in late January alongside Riley Gaines, a former collegiate athlete who has spoken out against trans women in sports.

Senators overwhelmingly passed a separate bill, Senate Bill 190, that would for the first time in state history enable spouses to be charged with sexual abuse against their partners.

“We wanted to run the spousal sexual contact bill separately from the Bill of Rights instead of together as they came from the House,” said Sen. Amy Grady, R-Mason, who sponsored the Senate version of the Legislation.

According to the Centers for Disease Control and Prevention , nearly 17% of women and 8% of men have experienced sexual violence other than rape by an intimate partner or spouse at some point in their life. West Virginia is one of a handful of states that allow an exemption to spouses for sexual abuse charges.

The House Judiciary Committee approved the legislation earlier this week, and the measure it advanced in the full House of Delegates on Wednesday.

Editor’s note: This story has been updated.

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