Morrisey Asks U.S. Supreme Court To Hear Transgender Athlete Ban

The Supreme Court last year declined to take the case when Morrisey asked.

West Virginia’s attorney general will again ask the U.S. Supreme Court to uphold the state’s ban on transgender student athletes.

Attorney General Patrick Morrisey said Wednesday he’d ask the justices to consider BPJ vs. West Virginia State Board of Education.

The Supreme Court last year declined to take the case when Morrisey asked. That was before the Fourth U.S. Circuit Court of Appeals in Richmond, Virginia, ruled that the law, House Bill 3293, violated Title IX protections for gender equality in school sports.

There is no guarantee the justices will be any more inclined to hear the case now.

“We will be filing, over the next month, and we’re going to make sure we time our filing to maximize the chance this case is going to be heard, and most importantly, that we will win,” he said.

Morrisey, who’s running for governor in the Republican primary, appeared with former collegiate swimmer Riley Gaines, who’s become a national figure in the opposition to transgender women and girls participating in school sports.

The campaigns of Morrisey and another Republican candidate, Chris Miller, have been airing competing advertisements declaring each candidate has the stronger position against transgender student athletes.  

Another Republican rival, Secretary of State Mac Warner, said Wednesday that Morrisey should step away from the case because he lost the appeal to the Fourth Circuit.

“He should voluntarily step aside and allow competent legal counsel to defend the West Virginia law that was overwhelmingly passed by the WV Legislature and signed by Governor Justice,” Warner said.

Meanwhile, the 13-year-old student in Harrison County, Becky Pepper Jackson, continues to participate on her school’s track team.

Jack Jarvis, communications director for Fairness West Virginia, said Morrisey’s statements about transgender youth contribute to a hostile environment with increased harassment, bullying and discrimination.

“Transgender women are women, period,” Jarvis said. “If you want to support women, you need to support all women. Becky and all of the other trans youth across our state deserve to fully participate in school activities and athletic events.”

Law And Order, Child Care Access And A Women’s Bill Of Rights, This West Virginia Week

On this West Virginia Week, the state legislature had Child Care Advocacy Day, centering on an issue leaders flagged as a top priority at the start of the session. But with the session more than halfway through, action still remains to be seen.

On this West Virginia Week, the state legislature had Child Care Advocacy Day, centering on an issue leaders flagged as a top priority at the start of the session. But with the session more than halfway through, action still remains to be seen.

We also hear about law and order issues facing the state, a bill that narrows definitions of gender, as well as updates on Corridor H and the loss of manufacturing jobs in the Northern Panhandle. 

Chris Schulz is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, and Randy Yohe.

Learn more about West Virginia Week.

School Board Accountability, Gender Identity And Campus Hunger Focus Of Education Committees

The education committees of both chambers started the week off by advancing bills to improve management of local school districts, as well as bills on gender identity instruction and hunger on college campuses.

West Virginia code tends to favor local control of schools via county boards of education. But in recent years, the state Board of Education has deemed it necessary to step in to address financial and administrative issues in several counties.

House Bill 5514 would enhance the training requirements for county boards of education members from the current seven to 12 hours.

The bill’s sponsor Del. Joe Statler, R-Monongalia, told the House Education Committee Monday afternoon that more training should better prepare elected board of education members to hold administrators accountable and reduce the need for state intervention.

“They run for the school boards, and they believe they have a good handle on it,” he said. “And trust me, I served 10 years, until you’re actually sitting in that seat and start taking on these things, you really do not have a good understanding. And sometimes after that you still don’t have a good understanding.”

The bill was advanced to the full House for its consideration.

The House Education Committee also discussed:

  • H. B. 4709, relating to vocational and technical education programs.
  • H. B. 5021, relating to cardiac response plans.
  • H. B. 5175, eliminate funding for the Center for Nursing and transfer its duties and authorities to the Higher Education Policy Commission.

In The Senate

Another House bill aimed at improving county board of education accountability was taken up by the Senate Education Committee Tuesday morning. 

House Bill 4832, which has already passed the House, requires the state superintendent to make an annual report to the Legislative Oversight Commission on Education Accountability regarding the finances of each school district. A similar report is currently made to the governor and the legislature broadly. Any school district that fails to report its finances to the state superintendent may be subject to a reduction of its state funding.

The state Board of Education took emergency control of Upshur County Schools last year after financial misappropriation, including tens of thousands of dollars in misspent federal funds, was discovered in a routine review.

House Bill 4832 now goes to the full Senate for its consideration.

The Senate Education Committee also considered Senate Bill 515, which prohibits public schools from requiring students to participate in sexual orientation instruction. It requires public schools to give advance written notification of any instruction regarding sexual orientation and gender identity and of a guardians’ right to exempt the child from participation.

However, as Senate Education counsel Amy Osgood explained to the committee, the bill has further requirements regarding students’ gender identity.

“It also provides to the public school and county board employees that are assigned to the school may not knowingly give false information or misleading information to the parent, custodian or guardian of the student regarding the student’s gender identity, or their intent to transition to a gender that is different than the sex listed on the student’s official birth certificate or a certificate that is issued upon adoption,” she said.

The bill also allows for parents and guardians to bring civil action against the public school if affected by a violation of the new law.

The bill was advanced without discussion or comment, with a reference to the Judiciary Committee.

Hunger-Free Campus

Senate Education also considered Senate Bill 292. Titled the Hunger-Free Campus Act, the law would require the West Virginia Higher Education Policy Commission (HEPC) to establish a grant program to address food insecurity among students enrolled in public institutions of higher education.

Colleges and universities working toward a hunger-free designation would need to establish a Campus Hunger Task Force, provide at least one food pantry on campus, provide options to use SNAP benefits – colloquially referred to as food stamps – at campus stores, and several other requirements.

The committee heard from student advocates on the need for more food support on the state’s college campuses. 

Madison Santmyer, West Virginia University (WVU) student body president, told the committee that on-campus food banks have seen an increase in use over three years.

“For June 2020 to 2021… 77 visits and then jump to June 2023, we’re at 428,” she said. “Over four times the amount of students are visiting these food pantries on our campus. The need, whether that’s they know more about it now, but the need is obviously there. Some of the visits go to the thousands for some of the months.”

Several senators pointed out how much the cost of attending college has increased since their time.

“Now I went to WVU and then to Glenville State where I graduated but that was back in the 70s,” said Sen. David Stover, R – Wyoming. “And I remember I could get my room, board, tuition and fees for $600. Don’t you wish?” 

Stover asked Santmyer how that compared to the cost of just a meal plan today.

“I don’t know the exact number off the top of my head, but I know for WVU, I believe it’s a few thousand dollars, between two and four,” she said.

WVU’s least expensive on-campus meal plan is $2,634 per semester.

Sen. Michael Azinger, R-Wood, was the sole dissenting voice. He spoke against the bill, calling it “nanny state stuff.”

“My first year of college, I lost 20 pounds,” he said. ”I think what we’re doing here, probably unintentionally, but we’re creating a victim group, I think, of people who are just experiencing the normal hardships of life. You know, you go to college, sometimes don’t have food, sometimes you get hungry. It’s life. It builds character.”

The bill was recommended to the full Senate. 

A similar bill last year failed to make it out of the Senate Finance Committee. Committee Chair Sen. Amy Grady, R-Mason, said that should not be an issue this year.

“We have requested for the finance chairman to waive the second reference and he has agreed so that should be done on the floor,” she said.

Air Monitoring, Trans Rights And Babydog, This West Virginia Week

On this West Virginia Week, we are back with more coverage of the West Virginia Legislature. Plus, we’ll discuss a failed Senate bill that aimed to increase border security, a debt owed by one of Gov. Jim Justice’s companies, and ongoing medical difficulties facing the governor’s bulldog, Babydog.

On this West Virginia Week, we are back with more coverage of the West Virginia Legislature, where bills regarding school discipline, gender identity and air monitoring continue to spark debate. We’ll revisit conversations with some of the lawmakers helming these bills.

Plus, we’ll discuss a failed Senate bill that aimed to increase border security, a debt owed by one of Gov. Jim Justice’s companies, and ongoing medical difficulties facing the governor’s bulldog, Babydog.

Jack Walker is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick, and Randy Yohe.

Learn more about West Virginia Week.

Justice Promotes Bill To Define ‘Woman’ In State Code

A piece of legislation introduced on Jan. 26, 2024, aims to define sex-based terms used in state law.

A piece of legislation introduced on Jan. 26, 2024, aims to define sex-based terms used in state law.

In a Monday press conference, Gov. Jim Justice promoted House Bill 5243 alongside representatives from the Independent Women’s Law Center and Independent Women’s Voice.

The bill is called the “West Virginia Women’s Bill of Rights” or “The 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.”

“What we’re basically saying is, that women are women, and women are really important,” Justice said.

Riley Gaines is an ambassador for Independent Women’s Voice. She described her experience swimming on a team with a transgender female as “violating and betrayal.”

“We as female athletes, female swimmers, we watched on the side of the pool as this mediocre male swam to a national title beating up the most impressive and accomplished female swimmers this nation and world really has ever seen including Olympians, American record holders,” Gaines said.

May Mailman is the director of the Independent Women’s Law Center. She said allowing for interpretation of the word “woman” in the law is offensive.

“Judges, bureaucrats, sports bodies and other elites seemed not to know that women existed at all, they equated us to a state of mind,” Mailman said. “Identification replaced the biology, biological reality that we have been living our entire lives.”

Isabella Cortez is the Gender Policy Manager for Fairness West Virginia, a statewide civil rights advocacy organization dedicated to fair treatment and civil rights for LGBTQ+ West Virginians.

“It’s offensive to introduce a bill called the Women’s Bill of Rights when the bill does nothing to support women,” Cortez said. “It doesn’t give women any new rights, and it doesn’t do anything to protect the rights that women already have.”

Cortez said out-of-state lobbyists drafted the bill.

“Our lawmakers should not trust this group, the so-called Independent Women’s Voice, because there’s nothing independent about what they do,” Cortez said. “They take money from the Koch brothers and they use that dark money to oppose the Equal Rights Amendment, oppose the Paycheck Fairness Act, and also downplay the overturning of Roe v. Wade.”

Cortez said the bill aims to ban transgender people from using the bathroom that aligns with their identity in public spaces.

“There is simply no evidence that allowing transgender people to use restrooms that align with their gender identity increases, you know, risks, or danger or poses any safety risks,” Cortez said.

Cortez said she and Fairness West Virginia want transgender West Virginians to know that they will not stop fighting for them.

“We know things are scary right now, but you are seen you are loved,” Cortez said. “We will do everything that we can to keep you safe and to keep you protected in this state.”

House Bill 5243 is being considered by the House Judiciary Committee.

Huntington, Morgantown Again Top Cities On LGBTQ Equality Index

Charleston came close, at 92. All three cities were recognized by the organization as “all stars” with at least an 85.

For the third year in a row, Huntington and Morgantown scored a perfect 100 on the Human Rights Campaign’s municipal equality index.

Charleston came close at 92. All three cities were recognized by the organization as “all stars” with at least an 85. West Virginia is one of 20 states that lack statewide protections against discrimination for sexual orientation and gender identity.

The Human Rights Campaign is a national LGBTQ rights organization based in Washington, D.C.

Out of more than 500 cities the organization scored, 129 received a perfect score. The average among all cities was 71, up from 69 last year and 67 in 2021. Only five cities scored a zero.

In West Virginia, Wheeling scored a 76. Charles Town got a 45 and Lewisburg a 43. Parkersburg scored 13.

The index considers local anti-discrimination laws, the municipality as an employer, law enforcement and local leadership on LGBTQ issues.

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