West Virginia Enshrines Biological Definitions of Sex into Law with "Riley Gaines Act"
West Virginia has become the latest state to codify definitions of "man" and "woman" into state law with the signing of the Riley Gaines Act by Governor Patrick Morrisey. The move signifies a growing national trend of legislating on the basis of biological sex, particularly within the context of sports and access to single-sex spaces. The law is named after Riley Gaines, a former collegiate swimmer who has become a prominent voice in conservative circles, advocating for policies that restrict the participation of transgender individuals in women’s sports.
The Riley Gaines Act, according to its text, aims to "reaffirm longstanding meaning[s] of sex, male and female in state law." This entails preserving women’s restrooms, sleeping quarters, locker rooms, and other traditionally female-designated private facilities for the exclusive use of women. Proponents of the law argue that this measure is crucial for preventing abuse, harassment, sexual assault, and violence potentially committed by individuals who identify as male but are allowed access to these spaces.
Gaines, whose profile rose significantly following her controversial tie with transgender swimmer Lia Thomas at the 2022 NCAA women’s swimming championships, has rapidly transformed into a conservative political figure. The Act named in her honor represents a significant victory for her and the broader movement she champions. "There’s no bigger honor than having your name attached to something as foundational and significant as the defense of women’s rights and biological reality," Gaines said in a statement. She emphasized that the Act serves to define sex-based terms to prevent "unelected bureaucrats" from redefining them according to shifting social or political considerations. Gaines asserted, "The majority of American people know what a woman is, and it’s time our laws do too."
The West Virginia law joins a growing number of similar legislative initiatives across the country. Georgia has already enacted a law with a similar name focusing specifically on sports. The issue of transgender athletes in sports has evolved into a potent political flashpoint, even influencing the 2024 election cycle. Former President Donald Trump, for example, signed an executive order during his time in office aimed at preventing trans athletes from competing in women’s and girls’ sports, in a White House ceremony attended by Gaines.
Despite these gains, Gaines believes more action is needed. While 27 states have implemented laws addressing trans athlete inclusion, and Trump has previously issued an executive order, the issue remains contentious. Gaines expressed her view that "the war on woke has not been won yet," acknowledging the need for continued advocacy and legislative efforts. She credited leaders like Trump and Governor Morrisey for "paving the way" but emphasized the ongoing struggle.
The political landscape regarding transgender rights remains deeply divided. Several states, including California, Maine, Minnesota, and Massachusetts, continue to allow transgender athletes to compete alongside cisgender women. Recently, the U.S. Senate failed to pass the Protection of Women and Girls in Sports Act after Democratic senators blocked the bill via a filibuster, highlighting the partisan divide on the issue.
Gaines has vowed to take action against the 45 Democratic senators who voted against the Protection of Women and Girls in Sports Act, even hinting at a possible future run for political office. While initially hesitant about entering politics, she stated, "It’s never what I saw myself doing… But now, of course, with this issue and more, I would say the whole America-first agenda… I am just so passionate, I care so deeply, and I love it, so we’ll see. It’s definitely not something I would rule out." Gaines suggested that influencing policy is something she envisions doing in the future, driven by her commitment to the issues she advocates for.
The debate surrounding transgender rights and inclusion in sports extends far beyond individual athletic competitions. It touches upon fundamental questions about identity, fairness, and the role of government in defining and protecting rights. Supporters of laws like the Riley Gaines Act argue that they are necessary to safeguard the integrity of women’s sports and to preserve single-sex spaces for the safety and comfort of women. They believe that allowing transgender women to compete in women’s sports creates an unfair competitive advantage and potentially jeopardizes opportunities for cisgender female athletes.
Conversely, opponents of these laws argue that they are discriminatory and harmful to transgender individuals, further marginalizing a vulnerable population. They contend that transgender women are women and should have the same opportunities to participate in sports and access public facilities as cisgender women. They also point to the potential for these laws to lead to invasive and discriminatory practices, such as requiring individuals to prove their biological sex in order to access restrooms or locker rooms.
The Riley Gaines Act in West Virginia, and similar legislation across the country, represents a significant development in the ongoing debate over transgender rights. The debate will likely continue to shape public policy and legal challenges in the years to come, raising complex questions about the balance between individual rights, equality, and the definition of fundamental concepts like sex and gender. The issue is far from settled, and the passionate advocacy from both sides underscores the deeply personal and political nature of the discussion. The future of transgender rights in America remains uncertain, with the legal and political landscape continuously evolving.
