West Virginia 2024 Regular Session

West Virginia House Bill HB4233

Introduced
1/10/24  
Refer
1/10/24  
Engrossed
2/9/24  
Refer
2/13/24  
Refer
2/13/24  
Report Pass
2/23/24  
Enrolled
2/29/24  
Passed
3/9/24  

Caption

Non-binary not permitted on birth certificates

Impact

The legislation will have a direct effect on how birth certificates are issued in West Virginia, impacting families, healthcare providers, and the state’s vital records system. By limiting the sex designation to only male or female, the bill is likely to affect individuals who identify as non-binary or gender non-conforming, potentially invalidating their gender identity on official documents. Supporters argue that the bill upholds traditional definitions of sex and simplifies the bureaucratic process of issuing birth certificates. However, opponents believe that this excludes a significant portion of the population and could have negative implications for personal identity and rights.

Summary

House Bill 4233 aims to amend the Code of West Virginia regarding the designation of sex on birth certificates. Specifically, it prohibits the use of 'non-binary' as a gender option, mandating that birth certificates only list a child's sex as either male or female. This change reflects a significant stance taken by the state legislature in addressing issues of gender identity in vital statistics, and it has sparked considerable debate within the community and among lawmakers. The bill is set to take effect 90 days after its passage, indicating a relatively swift implementation of the new regulations.

Sentiment

Sentiment around HB 4233 is largely polarized, reflecting broader national conversations about gender identity and law. Advocates for the bill express support as a protection of traditional values and an assertion of biological definitions. In contrast, critics argue that it is discriminatory, infringing on the rights of non-binary individuals. This divide highlights the clash between progressive ideals about gender inclusivity and conservative perspectives emphasizing cisnormative definitions of sex.

Contention

Notable points of contention surrounding HB 4233 include debates over individual rights and the role of government in personal identity. Opponents have raised concerns that the bill effectively ignores the existence and needs of non-binary people, while proponents argue that the bill is necessary for consistency and clarity in public records. The legislative discussions are emblematic of the ongoing struggle between state control over personal identification and the rights of individuals to express their gender identities authentically.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2998

Non-binary not permitted on birth certificates

WV HB2615

The Genealogical Record Integrity Act of 2023

WV HB2361

To unseal adoption records after 21 years of age for adoptees for a one time fee of $30 and issuance of an original birth certificate for the common birth certificate fee.

WV HB2536

Permitting physicians to provide exemption certificates relating to required immunizations

WV SB470

Making adoption records accessible for medical purposes

WV HB2101

Relating to obtaining an appropriate gender marker for state documents

WV HB2789

Removing birthing centers from certificate of need

WV SB58

Creating mechanism for enforcement of spousal support

WV HB2490

Establishing a procedure to name a kinship legal guardian

WV HB2986

Creating a statutory right to petition circuit and family courts for sibling visitation

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