West Virginia Enshrines Traditional Gender Definitions into Law with "Riley Gaines Act"
Charleston, WV – West Virginia Governor Patrick Morrisey officially signed into law the "Riley Gaines Act" on Wednesday, codifying the definitions of "man" and "woman" within the state’s legal framework. The signing ceremony, held in Charleston, featured former University of Kentucky swimmer Riley Gaines, a vocal advocate for maintaining sex-based distinctions in sports and other areas of life.
The bill, championed by Senate President Randy Smith, a Republican from Blackwater Falls, and remarkably, also backed by Minority Leader Mike Woelfel, a Democrat from Huntington, received overwhelming bipartisan support in the state legislature. The Senate passed the bill with a 31-3 vote, with only one Democrat, Senator Joey Garcia of Fairmont, dissenting. The House of Delegates followed suit, approving the Senate’s version by a 90-8 margin, largely along party lines.
According to the text of the newly enacted law, it "reaffirms longstanding meaning[s]" of sex, male, and female within West Virginia law. Furthermore, it aims to preserve single-sex spaces such as women’s restrooms, sleeping quarters, locker rooms, and other private facilities for the exclusive use of women. Proponents of the law argue that this measure is essential to prevent "abuse, harassment, sexual assault, and violence committed by men."
Governor Morrisey, in his remarks at the signing ceremony, emphasized that the legislation was inspired by the story of Emmy Salerno, a 14-year-old shot-put athlete from Shinnston, West Virginia. Salerno and her teammates reportedly refused to participate in the 2023 Harrison County middle school championship event due to the prospect of competing against a transgender student-athlete. At the time, Morrisey, then serving as the state’s attorney general, lent his support to a lawsuit filed in response to the situation.
"This is an incredible day for West Virginia," Governor Morrisey declared, acknowledging the presence of Riley Gaines and Heather Higgins, president of the Independent Women’s Forum, alongside him. He also recognized the efforts of House Speaker Roger Hanshaw, Republican from Clay; state Senator Patricia Rucker, Republican from Charles Town; and Delegate Kathie Hess Crouse, Republican from Buffalo, for their crucial roles in securing the bill’s passage.
"I worked on this issue for a very long time, and even right now we have multiple cases up at the U.S. Supreme Court," Morrisey noted, emphasizing the importance of the legislation in the broader legal landscape. He added that the true champions of this movement are the athletes themselves, citing Gaines and Salerno as prime examples.
Delegate Hess Crouse expressed her satisfaction with the bill’s success, stating, "I have stood firmly in support of this bill alongside Riley Gaines. There are undeniable biological differences between men and women, and allowing men and boys to compete in women’s sports or enter female-only spaces is not only unfair but also a serious safety concern."
"Protecting the integrity of women’s sports and single-sex spaces is essential, and this law is a victory for women’s rights, fairness, and safety," Hess Crouse added.
Senator Rucker, addressing concerns about the law’s potential impact on transgender individuals, emphasized that the bill is "not a question of hating [transgender people] or calling them names or wanting them abused." She stated, "I know several [transgender people] and I respect them and I believe they should be safe to live their lives and choose what they want to do — but it does not override the right of women who do not want to share space with… a biological male."
However, Senator Garcia, the lone dissenting voice in the Senate, argued that "transgenderism is not a decision people make but who they are" and questioned the necessity of the bill.
West Virginia Democratic Party Chair Mike Pushkin, who also serves as a delegate representing Charleston, criticized Wednesday’s ceremony as a "photo op" for Republicans. "I hope Riley Gaines enjoyed her quick stop in West Virginia to celebrate Gov. Morrisey’s bill to make bathrooms great again," Pushkin quipped.
"While Republicans lined up for selfies and high-fives over legislation about who uses which restroom, West Virginians were still waiting on lawmakers to tackle real issues — like jobs, healthcare, and roads we can drive on without risking damage to our cars," Pushkin stated. "Maybe next time Ms. Gaines visits, she’ll remind Republicans that working families need fewer political stunts and more actual solutions."
Governor Morrisey drew a connection to President Donald Trump’s stance on the issue, referencing his executive order similar to West Virginia’s legislation and his recent White House disagreements with Maine Democratic Governor Janet Mills. "This is an issue that has nearly universal support," he asserted. "Yes, the woke left, they always dig in their heels, and they try to force the rest of the country to adhere to the radical gender ideology. Well, that’s not going to happen here. That’s not going to happen in West Virginia."
Riley Gaines, reflecting on the event, remarked that it seemed "a little bit silly" that she received a standing ovation for "merely saying men and women are different." Gaines gained prominence after competing against University of Pennsylvania swimmer Lia Thomas, a transgender athlete, at the 2022 NCAA Women’s Swimming Championships. She offered a "shout out" to Emmy Salerno for her courage to stand up against a similar situation and praised Morrisey and other lawmakers for their leadership on this issue.
Gaines also criticized governors who have embraced what she considers "woke" changes to biological definitions and scholastic sports regulations. She specifically cited Wisconsin Governor Tony Evers, a Democrat, who faced backlash for his statewide budget proposal that replaced the term "mother" with "inseminated person" and "husband" with "spouse."
Evers defended the move as a way to provide "people a chance that are using IVF, which I think Republicans are kind of OK with — [and] have legal certainty about a mom being able to have a year of care."
At the Charleston event, Gaines commented, "We’ve been called a lot: ‘cervix-havers’, ‘uterus owners’, ‘menstruaters’, ‘chest-feeders’, ‘birthing persons’ — but ‘inseminated persons’ really takes the cake for me."
In response, Governor Morrisey turned to the assembled lawmakers and quipped, "You’re not going to send me a bill with inseminated person written in it, not in West Virginia." The passage and signing of the "Riley Gaines Act" represent a significant step in West Virginia’s efforts to define and regulate gender identity within its legal framework, sparking both praise from supporters and criticism from those who view it as discriminatory and unnecessary. The law’s long-term impact on the state’s social and political landscape remains to be seen.
