Samuel Green said a so-called Women’s Bill of Rights would harm members of the state’s transgender community. (Photo courtesy of WV Legislative Photography)

CHARLESTON — Opponents of the bill that claims to codify the rights of women and girls claim the legislation is really aimed at limiting the rights of transgender people in West Virginia.

Action on House Bill 5243, creating a Women’s Bill of Rights, was postponed by one day during Thursday’s floor in the House of Delegates. The bill will be on second reading and amendment stage in the House Friday.

HB 5243 – called the “Women’s Bill of Rights Act” – would put in place stronger definitions in state code for sex-based terms, such as stating that “woman,” “girl” and “mother” refer to biological females except in cases of developmental and genetic anomalies or accidents.

The bill states that a person’s biological sex is set at birth and does not include gender identity or other terms for sex the bill identifies as subjective. Any reference to “gender” in state code would be changed to “sex” under the new definitions.

Supporters say the Women’s Bill of Rights would prohibit unfair treatment of females and males in certain situations, including the providing of separate single-sex living facilities, locker rooms, bathrooms, domestic violence shelters and rape crisis centers based on biological sex. It would also change the definition of equal, stating that it does not mean “same” or “identical” when it comes to equality of the sexes.

Nila Thompson urged lawmakers Thursday to support a bill providing protections and separation of facilities based on biological sex, such as locker rooms. (Photo courtesy of WV Legislative Photograph)

A public hearing was held on HB 5243 in the House chamber Thursday morning by the House Judiciary Committee. The public hearing brought out 20 people opposed to the bill and seven supporters.

Shanna Thompson and her daughter Nila Thompson spoke in favor of the bill, describing an incident where males would enter the dressing room of Nila Thompson’s dance class. These issues were raised with the Kanawha County Board of Education in December, but they found the school system’s response unsatisfactory.

“The school board made it clear that my rights are not valued, but House Bill 5243 guarantees my rights, safety, privacy and protection,” Nila Thompson said. “I dropped the class and switched to one that does not subject me to being exposed in front of the opposite sex. Any policy that forces this type of exposure is abuse and nothing short of that.”

“No woman of any age should have to endure what my daughter Nila did in the locker room at her school,” Shanna Thompson said. “House Bill 5243, as it is written, protects women of all ages and children of both sexes. It leaves no ambiguity about the definition of a woman and no room for reinterpretation later.”

But the majority of speakers said the bill is a slap in the face of girls and women, providing them with no additional rights while also allowing for discrimination of marginalized groups, such as the transgender community.

“It’s laughable for this body to pretend like they suddenly have investment into the well-being of women,” said Samuel Green. “You’re spitting in the face of what they have fought for by proposing legislation that does absolutely nothing to help them so you can have another opportunity to hurt the trans community. Trans people are not a danger to women. We are simply trying to exist.”

“House Bill 5243 – tied to the West Virginia Women’s Bill of Rights – offers no real tangible protections for cisgender women all while punching down on another marginalized community and seeks to erase protections for transgender West Virginians,” said Ash Orr. “This bill is less about establishing protections of any rights at all for women and more about curtailing the rights and recognition of transgender people.”

The bill was opposed by representatives of LGBTQ+ advocacy group Fairness West Virginia, Planned Parenthood South Atlantic, reproductive rights group WV FREE and the ACLU-West Virginia.

“This so-called Women’s Bill of Rights is not about protecting women; it’s about codifying your transphobia into state law, and we’re not falling for it,” said Isabella Cortez, gender policy manager for Fairness West Virginia. “This bill does not provide any new protections for women and does not protect any existing protections for women.”

“No matter how many vile resolutions you pass about your appreciation for women as incubators or what transparently false titles you give bills like this one, we know how you feel about women,” said Mollie Kennedy, community outreach director for the ACLU-WV. “We hear how you feel on this floor. We hear it in the hallways. We warn each other about it when we meet with you in your offices. It is appalling and offensive and laughable for you to introduce legislation called the Women’s Bill of Rights.”

Steven Allen Adams can be reached at sadams@newsandsentinel.com.