West Virginia bill banning non-binary gender designations on birth certificates heads to governor

nonbinary west virginia birth certificates

Legislation Awaiting Governor’s Decision

In Charleston, West Virginia, a new legislative proposal aiming to ban the inclusion of non-binary gender classifications on birth certificates is advancing towards Governor Jim Justice’s consideration. Governor Justice, a Republican currently campaigning for a seat in the U.S. Senate, has yet to publicly express his stance on this particular piece of legislation. His legislative history includes endorsing measures that limit gender-affirming treatments for minors and restrict the involvement of transgender minors in sports.

Opposition from LGBTQ+ Advocates

The legislation faces criticism from Fairness West Virginia, the state’s principal LGBTQ+ rights group, which condemns the bill as prejudicial. Currently, West Virginia does not accommodate non-binary gender identifiers on birth certificates, and the bill, championed by Republican Delegate Chris Pritt, seeks to prevent the future adoption of such designations.

Broader Context and National Trends

Non-binary individuals, who do not identify exclusively as male or female, have seen recognition in various states, with over a dozen allowing a third gender option on birth certificates. In contrast, Oklahoma set a precedent in 2022 as the inaugural state to explicitly forbid non-binary gender markers on state-issued birth certificates. Meanwhile, the federal government introduced an “X” gender category on passports for the first time in 2021, marking a significant milestone for non-binary recognition at the national level.