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CHARELSTON, W.Va. – SB 456, also known as the “Stand with Women Legislation” is now headed to Governor Patrick Morrisey’s desk after being passed by the West Virginia legislature.

The bill seeks to codify the definition of “men” and “women” into state law. It would ban transgender people from accessing spaces like bathrooms and locker rooms that correspond with their gender identity.

The bill sparked concern with some lawmakers that the legislation would prompt genital inspections of people whose gender identity was brought into question.

“West Virginians should be alarmed and disgusted by this invasion of privacy,” Delegate Kayla Young (D-Kanawha County) said.

An amendment was passed in the Senate today ”clarifying that the article does not authorize certain examinations of minor children; providing that determination of the biological sex of a minor is determined at the minor’s time of birth.”

The bill itself does not detail what the enforcement of this codification would mean. James Robert Akers (R-Kanawha) tells WVVA that the single-sex spaces would deal with the situation “as they would now”, simply asking the person in question or possibly checking their driver’s license.

The amendment singles out that minors are safe from examination, but does not provide the same protections for adults.

“Our lawmakers rushed this bill through the legislative process without considering all the ways this new law could hurt people in our state,” said a statement from Fairness WV.

Proponents of the bill say it protects women by affirming “single-sex spaces”.

“This bill is simple and reflects the values we hold dear in West Virginia. It is an honor to have helped make this happen. I am grateful to Governor Morrisey’s leadership in prioritizing this pro-woman legislation that prevents sex-discrimination and will celebrate all women and girls across the state when he signs it into law,” said Senator Amy Grady (R-Mason)

SB 456 was passed by the Senate Tuesday 32-1 with one Senator absent for the vote. In the House, 90 delegates voted in favor, eight opposed, and two were absent.

It now heads to Governor Patrick Morrisey’s desk to be signed into law.

According to Independent Women’s Voice the bill follows Governor Patrick Morrisey’s introduction of the legislation as a top priority during his State of the State Address, which called upon the legislature to pass the bill after they failed to pass similar laws in previous sessions. “Nowhere in the bill nor in the amendment require examination and my amendment passed with not objection from the floor by either party,” said James Robert Akers (R- Kanawha County)

Correction: This article previously claimed that the bill would allow inspections of minors based on a sister station’s reporting. That claim has now been refuted.

Copyright 2025 WVVA. All rights reserved.

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