Cities around the state have passed local ordinances outlawing discrimination when it comes to housing and hiring, beyond what is presently spelled out in state law. Monday the Senate passed a bill that would take away that local control.
Senate Bill 579 would prohibit municipalities from establishing ordinances to protect groups of people that aren’t already protected in state statute. Protected classes in state code include race, religion and national origin.
At least 20 towns and cities across the state have passed their own anti-discrimination or human rights ordinances barring discrimination against LGBTQ people in hiring or housing.
Sen. Brian Helton, R-Fayette, and the bill’s lead sponsor, said the bill was necessary to maintain uniformity of law across the state.
“A patchwork of varying local ordinances creates uncertainty for individuals and businesses,” Helton said. “Centralizing anti-discrimination laws in our state allows for a more efficient and consistent enforcement through dedicated agencies like the Human Rights Commission of West Virginia, limiting protected classes to those defined in the state Human Rights Act, stops a continuous expansion of classes. Where does it end? It leads to overreach.”
Several lawmakers stood in opposition to the bill, including Sen. Ryan Weld, R-Brook, who questioned the need for the bill.
“Uniformity is key. Okay, I understand that,” Weld said. “But have we been hearing from people that said, you know, I really wanted to discriminate against a gay person for all my rental units. But then I found out that this town, I couldn’t do that, so now I get to sell all these and move to another town where I can discriminate against them. Is anybody asking for that uniformity?”
Weld also said the bill went against West Virginia’s welcoming attitude, and generally went against Republican ideals of local control.
“This isn’t constitutional or unconstitutional. I should say none of these municipalities did anything that was unconstitutional. None of them did anything that conflicts with state law,” Weld said. “So these ordinances are valid, the protections they offer to people who are different than us are completely valid. But here comes Charleston. We know better than you. Your city council, who you elected, enacted an ordinance to protect these individuals, but Charleston says we know better than you.”
Much of Helton’s discussion of the need for his bill focused on an ordinance passed in Morgantown banning conversion therapy, practices or treatments that seek to change an individual’s sexual orientation or gender identity. Helton argued that the ban limited parents’ ability to address their child’s mental and physical health needs, and also violated state law with language threatening to revoke an individual’s state medical license for practicing conversion therapy in city limits.
“We have to protect our parents’ rights,” he said. “We also have to protect those providers, because if they’re operating within certain cities right now, their licenses are in jeopardy. That’s the kind of overreach we see when we allow cities to go against the common laws of the state of West Virginia and to go against our Human Rights Act.”
Morgantown is one of at least four cities in West Virginia that has approved ordinances outlawing conversion therapy in city limits.
Weld agreed with Helton that the language in Morgantown’s ordinance relating to state medical licenses was invalid, but pointed out that such language didn’t appear in the 19 other ordinances across the state, sparking a heated exchange.
“There are, again, 20 of these ordinances around the state. Not all of them have provisions related to conversion therapy,” Weld said. “Very few of them do, actually. And so would you then be open to those ordinances remaining in place, but only nullifying those that clearly violate state law as related to their provisions on conversion therapy?”
In response, Helton asked Weld if he had read the bill to which Weld said he had.
“Okay, well, by the question, I wasn’t sure if you understood the bill or not, because the bill addresses consistency in law, following the Human Rights Act of West Virginia, making sure that we get consistent enforcement and compliance using agencies like our state Human Rights Commission,” Helton said. “You know, that’s why all that’s in place.”
After the discussion’s focus turned to conversion therapy, Sen. Mike Woelfel, D-Cabell, and a judge of many years, stood to speak against the practice, citing dozens of professional organizations that have denounced conversion therapy.
“I’m going to say this as a juvenile judge for 32 years, I’m going to tell you that conversion therapy is pretty damn close to child abuse,” Woelfel said. “And I’m going to tell you who says that, and these aren’t a bunch of San Franciscans: American Academy of Child Adolescent Psychiatry, American Academy of Pediatrics.”
Woelfel listed at least a dozen national and international organizations that have come out against conversion therapy for minors.
Sen. Tom Takubo, R-Kanawha, and the only licensed doctor in the Senate, also stood to speak against conversion therapy.
“I just want to point out to the body, 21 states have completely banned it. 21 states, 70 major cities, including across Florida, Georgia, Kentucky, Ohio, have banned conversion therapy,” he said. “The Supreme Court, three times. The most recent, being in 2019 has upheld bans of conversion therapy. It’s essentially trying to hypnotize a child to say that they’re straight. Lots of consequences can come out of that, as it’s been discussed here on the floor.”
Takubo went on to speak directly to the bill’s purpose, saying that his constituents have repeatedly voted to enshrine into local law protections for certain classes.
“I’ve said many times on this floor, there is no easier vote,” he said. “This is obviously a very heated issue amongst this body, and obviously for various reasons that have said you can see why. However, the easiest vote I will ever make in the Senate is to allow the voters to decide, and the local voters have voted their local city councils and meet to make those decisions for themselves.”
Senate Bill 579, prohibiting municipalities from establishing nondiscrimination ordinances, was ultimately passed on a vote of 25-8 and now heads to the House of Delegates for its consideration.
After the bill’s passage, leaders from all 20 municipalities in West Virginia that have passed nondiscrimination ordinances signed on to a letter opposing the legislation.
“Local governance is a cornerstone of our democracy, allowing communities to make decisions that reflect their values and priorities,” the letter reads. “Each of our cities and towns adopted fairness laws through thoughtful deliberation, often with bipartisan support, to foster inclusive and welcoming environments for residents, businesses, and visitors alike. Overturning these protections would disregard the will of our constituents and undermine the ability of local governments to respond to the needs of their communities.”
The letter ends by urging lawmakers to not pass the bill and “take away protections that have given so many people hope.”
“Stand with us in protecting the dignity and future of all West Virginians,” the letter finishes.
Parents Bill Of Rights
The Senate also passed House Bill 2129, Creating the Parents Bill of Rights. The bill prohibits the state from infringing on the fundamental rights of a parent to direct the upbringing, education, health care and mental health of a child. The Parent’s Bill of Rights does include provisions that protect child welfare workers and law enforcement officers who act within the scope of their employment.
In presenting the bill, Sen. Mike Stuart, R-Kanawha, and chair of the Judiciary Committee, noted that 25 other states have approved similar legislation.
The Parents Bill of Rights was passed without discussion and if the House concurs, the bill will soon be on the governor’s desk.
