On Wednesday, West Virginia State Senator Mike Azinger introduced a number of bills that targeted transgender people, including one that labeled them “obscene matter” and another that forbade gender-affirming treatment for children under the age of 21.
Senate Bill 195 amends the state’s indecent exposure law to make participating in “obscene matter” illegal. According to this definition, “obscene matter” is anything that the “average person” would consider sexually explicit, unpleasant, or devoid of literary, artistic, and scientific value. This proposed legislation specifically includes any lesbian and/or trans exposure, performances, or exposure to any minor in this definition. If coupled with Senate Bill 197, which prohibits “obscene matter” from being within 2,500 feet of schools, this could make being openly transgender in front of a minor or near schools illegal as indecent exposure. The bills also increase the related fines and jail time.
Senate Bills 195 and 197 do not specify what this would mean for trans children in West
West Virginia, but Azinger introduced another bill that did. Senate Bill 194 amends the state’s restrictions on gender-affirming treatment for minors to include those under the age of 21. Additionally, the bill forbids treatment for gender dysphoria unless it is intended to be a “remedy.” LGBT+ advocates claim that this mandates conversion therapy, a practice that is banned in 22 states. West Virginia advocate Ash Orr criticized the bill, stating that transgender people are aware of who they are:
“There is nothing that can ‘cure’ [us]. Contrary to the false narrative that extremist politicians have fabricated about our community, trans people of all ages are actually leading happy, fulfilling, and healthy lives. This piece of legislation, which is based on deceptive or even outright false ideas, violates our most fundamental rights of privacy and autonomy.”
These proposed changes expand upon subsequent actions taken by West Virginia that target the trans community. The state has previously passed a bill prohibiting trans athletes from competing, gender-affirming surgery, and the West Virginia Medicaid Program. Lawsuits against West Virginia for these actions have led to the US Supreme Court declining to reinstate the ban on transgender athletes and appeals judges hearing challenges to surgery denials.
The bills were introduced less than a year after a prominent LGBTQ+ rights organization declared a state of emergency over US states, echoing the UN expert’s fears that state governments were “deliberately undermining” those rights. The Human Rights Campaign has criticized Republican-controlled states as being “increasingly hostile to LGBTQ+ individuals,” indicating that LGBT+ rights in the US are increasingly deteriorating along state and political lines.
In 2023, state legislators introduced more than 500 anti-LGBT+ bills, a record high. Tennessee and Florida attracted special attention due to strict laws targeting drag performances and classroom discussions. However, laws targeting LGBTQ+ individuals are not just limited to those states; Texas, North Dakota, South Dakota, and Nebraska have also passed legislation. Many of these bills have faced legal challenges, with some judges blocking legislation or providing temporary relief.
Despite the increase in legislative attacks aimed at our society, the LGBTQ+ community in West Virginia remains steadfast, according to Orr: “The increase in legislative attacks aimed at our community is alarming, but it signifies the desperation of lawmakers and extremists who are opposed to trans rights.”
