West Virginia 2022 Regular Session

West Virginia House Bill HB3193

Introduced
1/12/22  

Caption

Relating to obtaining an appropriate gender marker for state documents

Impact

If enacted, HB 3193 would amend existing laws pertaining to vital statistics, specifically regarding the issuance of gender markers on birth certificates and other state documents. It introduces a legal pathway for individuals to request a change in gender, providing a clearer process that is intended to ensure the accuracy of personal records. By aligning state practices with contemporary understandings of gender identity, the bill could positively impact many citizens seeking to affirm their identity within legal frameworks, depending on the smooth implementation and public acceptance of these changes.

Summary

House Bill 3193, introduced in West Virginia, aims to facilitate the process of obtaining an appropriate gender marker on state documents by allowing individuals to petition the courts for a change of gender. This legislative effort is designed to remove medical and legal barriers previously associated with changing one's gender designation in official records, thereby recognizing the identities of nonbinary, intersex, and other individuals. The bill outlines specific guidelines for petitioning, including requirements on residency, the legal basis for the request, and an objection process for third parties who might oppose the change. Furthermore, it seeks to ensure that the process is accessible and respectful of personal identity.

Sentiment

Public sentiment around HB 3193 appears to be mixed, reflecting broader societal attitudes toward gender identity issues. Supporters view the bill as a necessary step towards inclusivity and recognition of diverse gender identities, emphasizing the importance of allowing individuals to have their identities accurately reflected in legal documents. Conversely, opponents may express concerns regarding the implications of such changes, such as potential misuse of the legal processes or challenges regarding the identification of individuals with significant legal histories. This polarized sentiment indicates that discussions around the bill are likely to evoke strong feelings given the sensitive nature of gender identity.

Contention

Notable points of contention include the proposed judicial review process that allows for objections from third parties. Critics may argue that this could lead to unnecessary hurdles for individuals seeking to change their gender marker, potentially stigmatizing their experience and leading to discrimination. Additionally, the bill explicitly states that the courts cannot deny a petition based solely on an applicant's appearance or medical history, a provision that some may challenge from a legal or ethical perspective, particularly in cases involving individuals with prior legal issues. How these dynamics play out in legislative discussions will be crucial to the bill's fate.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2101

Relating to obtaining an appropriate gender marker for state documents

WV HB5622

Relating to gender change in government documents

WV SB298

Modifies provisions relating to gender designations on state-issued identity documents

WV HB2962

Gender identification on forms of ID

WV HB3076

Relating to access to original birth certificates to adopted adults or their lineal descendants

WV SB00248

An Act Concerning Access To Identity Documents By Homeless Youth And Young Adults.

WV SB741

Change of gender and sex identifier.

WV HF583

A bill for an act relating to sex and gender, including those and related terms for purposes of statutory construction, indications of a person's sex on certain vital records, gender identity under the Iowa civil rights Act, and school curricula related to gender theory.(Formerly HSB 242.)

WV HSB242

A bill for an act relating to sex and gender, including those and related terms for purposes of statutory construction, indications of a person's sex on certain vital records, gender identity under the Iowa civil rights Act, and school curricula related to gender theory.(See HF 583.)

WV HB2998

Non-binary not permitted on birth certificates

Similar Bills

WV HB2101

Relating to obtaining an appropriate gender marker for state documents

WV HB5622

Relating to gender change in government documents

CA AB1084

Change of name and gender and sex identifier.

CA SB741

Change of gender and sex identifier.

CA AB218

Change of gender and sex identifier.

CA SB179

Gender identity: female, male, or nonbinary.

TN HB2645

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 68, relative to birth certificates.

TN SB2632

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 68, relative to birth certificates.