Riley Gaines Bill Signed Into Law, Defines Men and Women

West Virginia Gov. Patrick Morrisey held the first ceremonial bill signing event as a governor today where he signed “The Riley Gaines Act.” 

On Tuesday Senate Bill 456  passed the legislature. In what was a very quick turn around, the bill was on the governor’s desk Wednesday morning. 

The bill defines men and women by the sex they were assigned at birth. 

So now under state law someone who later decides they identify – and even transition – to a different gender will still be legally considered the sex they were born .

“The bill is critical for girls and women in our state,” Morrisey said. “Ensuring bathrooms and locker rooms are based on biological sex, and providing separate shelters for rape and domestic violence victims.

A transgender person has a different gender identity than the sex they were assigned at birth, but Senate Bill 456 will now restrict them from certain spaces designated for either women or men. It has impacts on trans people in state prisons and domestic violence shelters as well.

The bill defines a female as someone who was born with the ability to produce ova, and a male as a person born with the ability to produce sperm. 

Notably, and despite comments from Morrisey, the bill can’t limit access to bathrooms. That’s because of a four circuit court decision Grimm V. Gloucester. That  decision ruled that states cannot restrict a trans person access to bathrooms that align with their gender identity. The law has a proviso that if that decision is overturned then the law would also restrict access to bathrooms. 

In a packed room he signed the bill into law. He was joined by many female legislators, advocacy groups, and Riley Gaines. 

Riley Gaines is a political activist and former University of Kentucky swimmer. In 2022 she tied with a trans woman for fifth place at the NCAA WD1 Championship in March 2022. 

“I hope you feel especially moms for liberty, gals, at least a little bit silly for giving someone a standing ovation, for merely saying, men and women are different,” Gains said. 

The bill has been introduced for a few years, but never until now made it to the finish line. Riley Gaines has visited the state house many times as well advocating for laws like this. 

She was an honorary guest at Morrissey’s state of the state. Now, Morrisey says the bill will be named after her. 

“It’s really a full circle moment for me, and to have the bill named after me is just the biggest honor in my life, really. So thank you Governor Morrissey. Thank you legislators, the sponsors, co sponsors of this bill, these amazing women who are up here today.”

A House amendment that would have allowed a healthcare professional, like a school nurse, to examine a child’s genitalia to confirm their sex without a parent’s consent was removed by the Senate. 

The only Democrat to vote for the bill between both chambers was Sen. Mike Woelfel, D-Cabell. 

Many opponents of the bill say that it punches down on trans West Virginians or that it is a misguided priority for the legislature to be focusing on. 

This legislative session there have been many bills that focus on transgender people in the state. The bill will take effect on June 10.