Town Of Bethany Votes To Prohibit Anti-LGBTQ Discrimination

On Wednesday, the Bethany Town Council unanimously voted to adopt a local fairness law, which prohibits anti-LGBTQ discrimination in housing, employment and public services.

The Bethany Town Council unanimously voted to prohibit anti-LGBTQ discrimination in housing, employment and public services Wednesday evening.

The council passed a new ordinance known colloquially as a fairness law, which expands nondiscrimination policies locally.

These ordinances provide residents protections from discrimination on the basis of sexual orientation or gender identity, which are omitted from the West Virginia Human Rights Act.

The small Brooke County community is not alone in passing protections for LGBTQ residents. Eighteen other municipalities across West Virginia have passed local fairness laws as recently as 2022.

LGBTQ advocacy groups like Fairness West Virginia say these laws demonstrate that West Virginia communities welcome diversity, and are taking proactive steps to support LGBTQ residents.

The laws “telegraph to the entire state, and entire country, and the world for that matter, that those communities are inclusive places to live and raise a family,” said Executive Director Andrew Schneider.

Schneider said Fairness West Virginia works with communities to spread awareness about local fairness laws, but that community organizers in Bethany took initiative in pushing for the policy.

“Bethany’s leaders stepped up to protect their LGBTQ friends and neighbors,” he said. “They proved yet again that no community is too small to welcome everyone.”

The idea for the Bethany ordinance arose when Erin James-Brown, a local community leader and West Virginia transplant, learned that the state lacked codified protections against anti-LGBTQ discrimination.

James-Brown serves as pastor of the Bethany Memorial Church, which is “an LGBTQ+-affirming church,” she said. “We have queer people in (our) leadership and we celebrate marriages. They’re an essential part of our life as a church.”

After hearing about Fairness West Virginia’s advocacy work, James-Brown said she approached members of the Bethany Town Council with the idea of passing a non-discrimination ordinance for LGBTQ residents.

Over the course of several months, James-Brown said she watched as the council worked through the policy and, ultimately, settled on a law to pass.

In addition to supporting LGBTQ residents, this brings opportunities for new businesses and tourists to come to the small town, James-Brown said.

“To have it passed, I just broke out into applause,” she said. “The responses I’ve gotten are text messages from people just saying how excited they are.”

Beyond advocacy on the local level, Schneider said his organization has encouraged state lawmakers to pass a fairness law for the entirety of West Virginia.

Fairness laws have been introduced in the West Virginia Legislature before, with a bill prohibiting anti-LGBTQ discrimination proposed just months ago at the start of the 2024 legislative session.

But these bills rarely get traction, despite support from advocacy groups. This year’s bill was sent into a committee on the first day of the regular session, where it sat for all sixty days.

Despite setbacks like these, Schneider said that the success of fairness laws on the local level shows growing support for the LGBTQ community across West Virginia.

“We hope that, eventually, (as) more communities adopt these laws, it will put increasing pressure and influence on their state legislators to take the action to get the law passed statewide,” he said.

Trans Activists: New Law Could Block Gender Affirming Care For Inmates

The West Virginia Legislature passed Senate Bill 1009 in a special session earlier this week. The law prohibits the use of state funds for certain medical procedures or benefits that are not medically necessary for inmates.

The West Virginia Legislature passed Senate Bill 1009 in a special session earlier this week. The law prohibits the use of state funds for certain medical procedures or benefits that are not medically necessary for inmates.

On Friday, the West Virginia Trans Coalition hosted a rally protesting the law.

According to the protestors, it could give the Commissioner of the Department of Corrections and Rehabilitation, Billy Marshall, not physicians, final say on what is medically necessary. Trans activists like Deives Collins fear this law could be used to deny gender affirming care to inmates. 

“I perceive this as a threat to us specifically, trans activists, saying, ‘Hey, we found a way to legally de-transition you if you find yourself on the wrong side of the law,” Collins said. 

A Federal District Court for the Southern District of Illinois deemed trans affirming care as medically necessary and set the precedent that non-exports should not be decision makers when it comes to health care for transgender inmates.

Jefferson County Residents Concerned ‘Adult Live Performance’ Ordinance Targets LGBTQ People

Jefferson County residents voiced their concerns Thursday at the Jefferson County Commission meeting over a new county ordinance that limits drag performances in front of minors.

Jefferson County residents voiced their concerns Thursday at the Jefferson County Commission meeting over a new county ordinance that limits drag performances in front of minors.

The ordinance bars minors from attending what it defines as “Adult Live Performances” featuring obscene or sexual material  —  the ordinance defines that as “nudity, stimulated sexual acts, lewd behavior, and other obscenity.”

County Commissioner Jennifer Krouse, who introduced the ordinance, said it’s intended to keep kids out of “obscene situations.”

Violators could face a $500 fine or 30 days in jail on first offense, and a $1,000 fine and six months in jail for subsequent convictions.

The above screenshots are screenshots of the draft version of the ordinance that was passed by the Jefferson County Commission on Thursday, June 1, 2023. Credit: Jefferson County Commission

Though drag is not specifically mentioned in the ordinance’s text, citizens attending a public meeting say its wording is similar to anti-drag laws passed in other states, like Tennessee’s Senate Bill 3, and goes against the First Amendment rights of the LGBTQ community, for whom drag is a tradition.

“My concern is that it’s going to be used to create issues for LGBTQIA people, and especially trans people in our community,” Jefferson County resident Kelly Pannill-Perkins said. She was present and made comments during a lengthy public hearing portion of the meeting. “I’m also concerned it’s going to unnecessarily prohibit our theatrical and music and dance productions in our area, which are vital to not just our culture, but our economics in this region.”

That sentiment was echoed by Bill Veldran, a Charles Town resident who has performed in drag for 25 years.

“Does this ruling mean that if I step out of my house in drag, that I could be attacked by the police?” Veldran said. “It’s so vague, for one thing, and it just seems to encompass everything.”

The American Civil Liberties Union’s West Virginia branch also addressed the ordinance Thursday afternoon, tweeting, “If this ordinance is used in any way to quell the rights of performers, we will not hesitate to take swift action.”

Commissioner Krouse responded to concerns following the meeting.

“I’ve been to a drag show, I had a great time. It was fun,” Krouse said. “There was no reason to have kids there. It was not a political thing, but it was funny, it was light-hearted, nothing serious about it. These days, that’s changed. It’s become overtly political. It’s become very, very sexual in nature.”

The ordinance passed 3 to 2 after a committee discussion. Opposition included Jefferson County Commission President Steve Stolipher, who advocated for a public hearing before the ordinance’s passage.

A similar bill at the state level, Senate Bill 253, was also introduced during the 2023 West Virginia Legislative session. It was sent to the Senate Judiciary Committee but did not make it past the Senate before the session’s end.

Final Reporter Roundtable Discusses Remaining Bills As Session Nears Final Hours

On this episode of The Legislature Today, we conclude our daily coverage for the 2023 legislative session with one last reporter roundtable. Randy Yohe, Chris Schulz, Emily Rice and Curtis Tate are all on the set together to discuss bills that have passed and the bills that are left. 

On this episode of The Legislature Today, we conclude our daily coverage for the 2023 legislative session with one last reporter roundtable. Randy Yohe, Chris Schulz, Emily Rice and Curtis Tate are all on the set together to discuss bills that have passed and the bills that are left. 

Both chambers traditionally work until midnight Saturday night as they work out differences on bills and try to get last minute pieces of legislation passed. 

Things grew contentious in the Senate Friday morning as Sen. Robert Karnes, R-Randolph, demanded to be recognized on the chamber floor as the first bill of the day was introduced. Chris Schulz has more.

A bill to set the minimum age for marriage in West Virginia at 18 appeared dead in the Senate Judiciary Committee Wednesday but it got new energy when committee chairman Sen. Charles Trump, R-Morgan, moved Thursday to have the bill removed from his committee and brought before the full body. The bill is on third reading in the Senate, but as of our deadline, the bill has not been taken up.

The Senate is also poised to pass House Bill 2007. That legislation would restrict gender-affirming health care for transgender youth. On Thursday, LGBTQ rights groups and their allies came to the Capitol to protest the bill. Curtis Tate has that story.

Meanwhile in the House, a bill to help charter schools garnered plenty of debate and a bill focused on a recovery house pilot program was called life a life-or-death measure. Randy Yohe has the story.

The House also passed the state budget Friday morning after the Senate took up and amended its budget bill the previous evening. It’s now on its way to the governor’s desk.

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On Saturday, March 11, West Virginia Public Broadcasting will be broadcasting floor sessions throughout the day on the West Virginia Channel and on our YouTube channel.

At 8 p.m., join us for live coverage as we air our special “Final Hours” program of the 2023 legislative session.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Speakers Clash Over Religious Freedom Bill At Hearing

Some people said West Virginia needs a law to codify the right of residents to challenge government regulations that interfere with their religious beliefs because of growing threats to their constitutional freedoms.

Others who spoke during a public hearing at the state Capitol Friday said they are worried the proposal advancing in the Legislature will be used as a tool to discriminate against LGBTQ people and other marginalized groups.

“Exercising your religion does not mean discriminating or condemning people because they do not have same beliefs as you,” said Jessica Eplin, who said she is worried about how the proposed law could affect her as an atheist and her child, who is transgender.

The bill, which passed the House Judiciary Committee earlier this week and is now before the full House of Delegates, would require a government entity to have a compelling reason to burden someone’s constitutional right to freedom of religion and to meet its goals in the least restrictive way possible.

A similar bill failed in 2016 after lawmakers voiced concerns about how it could affect LGBTQ residents. Then-Senate Majority Leader Mitch Carmichael wiped away tears on the Senate floor as he spoke in support of Democratic-proposed amendment that would bar the legislation from being used to discriminate against LGBTQ people.

The bill also dictates that the proposed law could not be used to permit access to abortion, which was banned by West Virginia lawmakers last year. The provision was included as abortion rights groups are challenging abortion bans in some states by arguing the bans — supported by certain religious principles — violate the religious rights of people with different beliefs.

Republican sponsors say the bill has good intentions. Del. Chris Pritt of Kanawha County, who is a Christian, said the bill would make West Virginia attractive to economic development. He said it’s not just about protecting Christians, but religious minorities in the state, too.

But Catherine Jones, a gay woman, said the bill would do nothing but “legalize discrimination against already marginalized communities.” She said she fears the bill could allow businesses to challenge city ordinances prohibiting discrimination in housing or employment based on sexual orientation or gender identity.

“I should not be afraid of not being served at a restaurant because I have a different relationship than you do,” she told lawmakers. “This bill will do nothing but spread hate and violence across our state.”

At least 23 other states have religious freedom restoration acts. The laws are similar to the federal Religious Freedom Restoration Act, signed in 1993 by President Bill Clinton, which allows federal regulations that interfere with religious beliefs to be challenged.

Eli Baumwell, advocacy director and the Interim executive director of the American Civil Liberties Union of West Virginia, said the 1993 federal law was designed to designed to protect people, especially religious minorities, from laws that affected their ability to engage in personal practices of their faith.

“Unfortunately, people have seized upon a good idea and turn it a shield into a sword,” said Baumwell, who spoke in opposition to the bill. “RFRAs today are promoted by organizations and ideologies and aren’t concerned about individual religious observances. They’re focused on circumventing laws that require fair and equal treatment.”

People who spoke in support of the bill said they were concerned about the government imposing vaccination requirements against people’s religious beliefs and restrictions during the COVID-19 pandemic that limited in-person worship in states across the U.S.

Monica Ballard Booth said she supports the bill because she wants to see equal protection for people of all faiths. “Since some have questioned why this was necessary, I’ll tell you why it’s necessary: Christians are the most persecuted group in the world,” she said.

Pastor Bo Burgess of West Virginia Baptists for Biblical Values said he doesn’t believe the bill could be used to discriminate against anyone — it’s about protecting people from discrimination, she said.

“This legislation doesn’t allow me or a business to go around and attack other people groups,” he said. “There’s no people group language in the bill.”

Baptist Pastor Dan Stevens of Wood County said people like him want the same benefits of equal protection as people who oppose the bill.

“We live out our firmly held religious beliefs and convictions about marriage, the family, human sexuality, the value of human life from conception to the grave without fear,” he said. “This bill designed not as a tool of discrimination used by people of faith but to protect the people of faith against discrimination for those who are opposed to our beliefs and our lifestyle.”

Education-Focused Reporter Roundtable Talks Charter School Funding, Teacher Shortage

On this episode of The Legislature Today, we have another Friday reporter roundtable. WVPB reporters Chris Schulz and Randy Yohe are joined this week by Mountain State Spotlight’s Ian Karbal to discuss bills proposed to give more money to charter schools and study alternative school schedules to help districts without enough teachers. 

On this episode of The Legislature Today, we have another Friday reporter roundtable. WVPB reporters Chris Schulz and Randy Yohe are joined this week by Mountain State Spotlight’s Ian Karbal to discuss bills proposed to give more money to charter schools and study alternative school schedules to help districts without enough teachers. 

Also, the Senate once again turned its focus on the state’s health systems today by passing two bills, including one to expand their own oversight capabilities.

We also take a look at a public hearing in the House where speakers came to express their feelings on House Bill 3042. Officially, the purpose of this bill is to forbid excessive government limitations on exercise of religion and creates the Equal Protection for Religion Act. Members of the LGBTQ community are concerned the bill may be used to undo fairness protections.

Finally, it was Motorsports Day at the legislature. Enthusiasts from around the state, who race on four wheels or two came to promote their racetracks and ask lawmakers to enhance their speed driven industry. Randy Yohe has our story.

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The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

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