On Wednesday, West Virginia State Sen. Michael Azinger (R) introduced a number of anti-transgender bills, including one that would outlaw gender-affirming treatment for transgender youth and another that approved conversion therapy.
Ash Orr, a trans activist from West Virginia, stated on social media that nine bills opposing LGBTQ+ rights have already been introduced, “even though it’s only the second day of the period.” These bills heavily target the trans community there.
Transgender people would not be able to receive gender-affirming care until they are 21 years old under SB 194, which also defines them as a “sexual deviation” (similar to pedophilia, exhibitionism, masochism, sadomasochism, or fetishism). A medical professional’s medical license could be revoked as a result of the bill, which would subject providers of gender-affirming care to fines of up to $10,000,000.
Additionally, SB 194 forbids mental health care professionals from providing gender-affirming therapy or psychotherapy and outlaws conversion therapy, which the UN has deemed to be torture. A $5,000 fine and the inability to work in public schools, privately run daycare centers, or other educational institutions may be imposed on a health care professional who affirms the identity of their client.
Suicide attempts are frequently linked to sex conversion therapy. Dr. Jack Turban, an assistant professor of child and adolescent psychiatry at the University of California San Francisco, stated on social media that “every major medical organization says it’s dangerous (APA, AAP, AACAP, etc.). West Virginia therefore made the decision to require that professionals do it. What the heck is going on with these officials, anyway?”
If a minor is present, performing drag shows or acting trans are considered “obscene material or sexually explicit conduct” under SB 195. If someone breaks the clause, they risk spending six months in jail and a $1,000 fine. The act also targets locations where transgender people perform during drag performances. A place that permits a minor to attend such an event may
be found guilty of a crime and fined $500. Pride events were postponed next June as a result of similar drag bans in Florida and Tennessee, and the laws were subsequently blocked by courts for allegedly violating First Amendment rights.
WV SB 195 is portrayed as a drag restriction, but it quickly becomes apparent that its real purpose is to forbid trans people from being in public, according to Orr on social media. The terminology used in this act classifies anything involving trans people as “obscene material” and could result in a felony charge.
People are also forbidden by SB 195 from showing trans people in any films, images, graphics, magazines, or written works. This clause is oddly comparable to the “gay propaganda” laws in Russia and Hungary, which forbade content that featured LGBTQ+ people and have exacerbated the stigma of gay people there.
Another anti-drag bill, SB 237, was also introduced by Azinger, and it would essentially forbid drag performances in the state.
“Drag is a traditional art form that has existed for centuries and is very significant in the history and culture of the Gay community,” Orr said. “These attacks are merely one facet of a larger, well-coordinated campaign intended to undermine transgender people, gender expression, and the larger LGBTQ+ community.”
Transgender people are classified as “obscene material” by SB 197, which forbids them from being within 2,500 feet of a public school. Any school administration or staff member who permits a transgender person to enter the building within 2,500 feet of it risked jail time and $500 in fines. According to a 2017 study, West Virginia had the highest proportion of youth who identified as gender different in the nation, making this bill potentially harmful. However, more than 7% of junior high and high school students in rural Appalachia identified as a gender that did not fully coincide with the gender they were assigned at birth, according to West Virginia University’s study from 2022.
Transgender persons in West Virginia would undoubtedly suffer if these anti-trans bills were passed. However, it has been demonstrated that the mere existence of such bills has an effect on the emotional wellbeing of trans youth. 86% of transgender and nonbinary children said that ongoing debates over anti-trans bills had a negative impact on their mental health in the Trevor Project study from 2023.
Orr stated on social media that “the mere existence of these bills conveys a message to transgender West Virginians that our elected leaders are aiming to demean and erase our existence.”
These bills represent the right-wing politicians in West Virginia’s growing assault on trans people. Governor Jim Justice (R) signed a law in March prohibiting gender affirmation that went into effect on January 1 and effectively forbids transgender youth from receiving gender-affirming care in the state.