West Virginia Governor Signs Bill Protecting Female-Only Spaces

West Virginia Gov. Patrick Morrisey signed a bill Wednesday to define sex-based terms in state law and prohibit biological males from entering female-only spaces in public schools, colleges, and correctional facilities in the state. 

“Today, we sent a strong message that West Virginia stands with women,” Morrisey said in a press release. “West Virginia will not bow down to radical gender ideology—we are going to lead with common sense, and the Riley Gaines Act does exactly that.”  

The act (SB 456), named for the former college swimmer-turned female sports advocate, adds a new article to state code to define “male” and “female” based on biological sex.

The bill also effectively brings uniformity to state law regarding sex discrimination and ensures the protection of sex-segregated spaces such as locker rooms, changing rooms, rape shelters, and correctional facilities. Sponsored by West Virginia Senate President Randy Smith, a Republican, the bill received bipartisan support in the Legislature. 

Gaines was present at the signing of the bill and affirmed her support of the legislation. 

“Under Gov. Morrisey’s leadership, the West Virginia Legislature has executed his priority of defining sex-based words and protecting women’s spaces. … I look forward to celebrating this win along with West Virginian women and girls,” Gaines said. 

West Virginia is now the 12th state to sign such legislation banning males who identify as females from women’s and girls’ female-only spaces, which follows a legislative model outlined by Independent Women’s Voice, a nonprofit policy advocacy group. 

Adaleia Cross, a West Virginia high school athlete, said she was grateful that Morrisey and the legislature prioritized common-sense protections for girls in the state.  

Cross is being represented by attorneys from Alliance Defending Freedom in an ongoing legal challenge to the Biden administration’s re-interpretation of Title IX, which was an attempt to force women’s sports to accept males who identify as female.

Title IX prohibits sex-based discrimination in any school or educational program that receives federal funding. The re-interpretation defined “sex” in Title IX to include “gender identity” and has since been reversed by President Donald Trump’s executive order “Keeping Men Out of Women’s Sports.” 

“Because of a policy that allowed a male athlete to use the girls’ locker rooms and restrooms at my school, I was exposed to sexual comments and had no choice but to change in a bathroom stall out of fear of being exposed to males in the locker room,” Cross said. “Men and women are biologically different, and men don’t belong in girls’ spaces. Denying this truth only harms women and girls.” 

Alliance Defending Freedom legal counsel Sara Beth Nolan commended the governor and legislators for their leadership. 

“States have a duty to protect the privacy, safety, and dignity of women and girls,” Nolan said. “Letting men intrude into girls’ spaces where they are most vulnerable … is an invasion of privacy, a threat to their safety, and a denial of the real biological differences between the two sexes.” 

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