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A West Virginia 'Women's Bill of Rights' is an effort to suppress transgender people, critics say

CHARLESTON, W.Va. (AP) 鈥 Legislation in West Virginia to narrow the definitions of gender would give women no further rights and is a way for Republicans to suppress transgender people, speakers at a public hearing said Thursday.
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Mollie Kennedy, community outreach director for the American Civil Liberties Union's West Virginia chapter, speaks out against a proposed "Women's Bill of Rights" during a public hearing Thursday, Feb. 8, 2024, in the House chamber at the state Capitol in Charleston, W.Va. Opponents believe the bill would suppress transgender rights in the state. (AP Photo/John Raby)

CHARLESTON, W.Va. (AP) 鈥 Legislation in West Virginia to narrow the definitions of gender would give women no further rights and is a way for Republicans to suppress transgender people, speakers at a public hearing said Thursday.

Dozens of speakers condemned the 鈥淲omen鈥檚 Bill of Rights鈥 while a handful spoke in favor of it during the 45-minute hearing in the House chambers at the state Capitol.

The says that 鈥渆qual鈥 does not mean 鈥渟ame鈥 or 鈥渋dentical鈥 with respect to equality of the sexes. It would define in state statues and official public policies that a person鈥檚 sex is determined at birth and that gender equity terms may not be substituted. It also would establish that certain single-sex environments, such as athletics, locker rooms and bathrooms, are not discriminatory.

Marshall University student Max Varney said the bill uses women's rights as a cover for transphobia.

鈥淚 stand before you as a transgender person in West Virginia. I am not a threat to the public, nor is my existence offensive," Varney said. "This bill is dehumanizing. It is unjust. And it is disgusting.

鈥淲hy am I not supposed to be considered a person too?" Varney continued. "I am here today to show you that trans people in West Virginia are real. I am real. I exist. And I deserve to be treated with humanity.鈥

Fairness West Virginia, the state鈥檚 only LGBTQ+ advocacy organization, said the bill does nothing to support women and among other things would ban transgender people from using government building restrooms that align with their gender identity.

The legislation is pending in the GOP-supermajority House of Delegates. West Virginia Gov. Jim Justice strongly backed the bill at a gathering shortly before its introduction last month. Other states have seen similar moves: Oklahoma Gov. Kevin Stitt on the narrow definitions of sex in August.

Attending both events was former Kentucky swimmer Riley Gaines, who criticized an NCAA decision allowing to compete against her in a women鈥檚 championship race in 2022. Gaines is part of the anti-trans group Independent Women鈥檚 Voice.

The bill鈥檚 language lacks details such as enforcement mechanisms and penalties, leaving its potential impact unclear. In other states with laws restricting how transgender people can use bathrooms, officials have struggled to understand .

Despite its broad "Bill of Rights鈥 premise, the measure doesn鈥檛 address issues such as reproductive care, abortion, or affordable childcare. One lawmaker鈥檚 attempt to insert an equal pay clause was rejected when a House committee chairman ruled that it wasn鈥檛 pertinent to the bill, which is alternatively titled: 鈥淭he West Virginia Act to Define Sex-Based Terms Used in State Law, Help Protect Single Sex Spaces, and Ensure the Accuracy of Public Data Collection.鈥

Supporter Nila Thomson said at the House Judiciary Committee's public hearing that the bill 鈥済uarantees my rights to safety, privacy and protection. I鈥檓 so grateful you took the initiative to put forth this bill.鈥

But Mollie Kennedy, the community outreach director for the American Civil Liberties Union鈥檚 West Virginia chapter, called it a 鈥渂igoted bill.鈥

鈥淲e don鈥檛 need a women鈥檚 bill of rights to know how this legislature feels about women," she said. "It is appalling and offensive."

Another bill that would prohibit transgender students from using the school restroom that aligns with their gender identity advanced through the House Education Committee last month. That bill has not been taken up by the judiciary committee.

Justice, a Republican, last year signed a bill , joining more than a dozen states that have enacted laws restricting or outlawing .

Court challenges are likely.

In 2020, the Richmond-based 4th U.S. Circuit Court of Appeals ruled that a was unconstitutional. West Virginia is in the 4th Circuit鈥檚 jurisdiction.

Last year allowed a 12-year-old transgender girl in West Virginia to continue competing on her middle school鈥檚 girls sports teams while a lawsuit over a state ban continues. The ban prohibits transgender athletes from participating in sports consistent with their gender identity.

John Raby, The Associated Press