West Virginia and Wyoming Codify Biological Reality into Law

Last week, West Virginia Governor Patrick Morrissey signed Senate Bill 456, known as the “Riley Gaines Act,” after it passed overwhelmingly in the state House with a vote of 87-9 and in the Senate 32-1. The measure declares “there are only two sexes” and that “every individual is either male or female” as verified at birth. The law’s text further defines “male” and “female” as an individual who naturally will, has, or would have had “the reproductive system that at some point produces, transports, or utilizes sperm” or “ova,” (egg) respectively. The law clarifies people who have a rare disorder of having both male and female anatomy, commonly called “intersex,” as “not members of a third sex” but must still be accommodated. SB 456 also defines “man,” “woman,” “father,” “mother,” “boy,” and “girl” all along male and female lines.

Under the law, public schools, colleges, domestic violence shelters, and corrections facilities with multiple occupancy spaces, such as restrooms, locker rooms, showers, and changing areas must designate them for the exclusive use of one biological sex.

The law’s namesake, Riley Gaines, is a 12-time NCAA All-American collegiate swimmer who was one of many other female athletes forced to compete against a biological male in a national championship swim meet. At the bill’s signing, Gaines shared her feelings of “utter violation, betrayal and humiliation” in the women’s locker room when the male competitor who identified as female exposed himself.

Gaines noted that this bill that defines sex and protects women’s spaces will protect a million West Virginian women and girls from embarrassing and even dangerous experiences in their private spaces.

“Now, when these words are used in West Virginia, in the state statue, they mean something,” said Gaines.

In Wyoming, Governor Mark Gordon signed two bills in early March that passed the state legislature with overwhelming margins. House Bill 72, which passed the state House in a 52-8 vote and in the Senate 25-6, also defined “male” and “female” according to the respective reproductive systems and requires public facilities to reserve multi-occupancy changing areas, restrooms and sleeping quarters “for use exclusively by males or exclusively by females.” Senate File 62, which passed by a similar vote margin, requires children in pre-school and K-12 public schools, as well as charter schools, to use restrooms that align with their sex assigned at birth. While SF 62 took effect immediately, HB 72 will take effect July 1, 2025.

The states protecting public spaces continues to grow with at least 14 other states requiring K-12 students to use bathrooms according to their biological sex, such as Alabama, Arkansas, Florida, Idaho, Iowa, Kentucky, Louisiana, Mississippi, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, and Utah. And at least five states require students at public colleges and universities to use bathrooms designated for their biological sex, such as Florida, Louisiana, Mississippi, Ohio, and Utah.

Liberty Counsel Founder and Chairman Mat Staver said, “We commend West Virginia and Wyoming lawmakers for upholding biological truth and protecting women and girls in sports, schools, and other public spaces. It is uncanny that we are at this point in history that laws must be passed to define biology. Yet, now every state must follow this lead and do likewise.”

For more information about state laws protecting against gender ideology, visit Liberty Counsel’s website here.