West Virginia is on the cusp of enacting a bill that would prohibit non-binary gender designations on birth certificates, marking another step in the ongoing debate over gender identity recognition.
The legislation, which has passed both chambers of the state legislature, is now awaiting Governor Jim Justice’s signature. Governor Justice, a Republican currently running for U.S. Senate, has not publicly stated his position on the bill.
However, his past actions, such as signing laws restricting gender-affirming care for minors and transgender children’s participation in sports, suggest he may be inclined to support it.
The bill’s sponsor, Republican Delegate Chris Pritt, emphasized that the legislation aims to prevent the state from offering non-binary gender markers on birth certificates in the future. West Virginia currently does not allow such markers.
Opponents of the bill, including Fairness West Virginia, the state’s primary LGBTQ+ advocacy organization, argue that it is discriminatory and fails to recognize the identities of non-binary individuals. They stress the importance of inclusivity and respect for all gender identities.
The debate over non-binary gender recognition extends beyond West Virginia. A growing number of states have begun offering third gender options on birth certificates, acknowledging the diverse range of gender identities.
In 2021, the federal government began issuing passports with an “X” gender designation, providing additional recognition for individuals who do not identify strictly as male or female.
The passage of this bill in West Virginia highlights the ongoing challenges faced by non-binary individuals in obtaining legal recognition. Governor Justice’s decision on whether to sign the bill into law will have significant implications for the rights and recognition of non-binary individuals in the state.