We’re only midway through January, but a Republican lawmaker in West Virginia has already introduced three new anti-trans bills, including one that would categorize trans people as “obscene matter,” and another that would essentially make it illegal for trans people to exist in public, per Jurist.
On January 10, State Senator Mike Azinger introduced Senate Bills 194, 195, and 197, all of which target trans people.
Senate Bill 195 would amend West Virginia’s indecent exposure law to criminalize engaging in “obscene matter,” which it defines as something that a “reasonable person” would find “lacks serious literary, artistic, political, or scientific value.” The bill explicitly includes “transgender exposure, performances, or display to any minor” as an example of “displays of an obscene or sexually explicit nature.” In other words, should Senate Bill 195 become law, a trans person could face obscenity charges simply for existing in a public space where minors might be present.
Meanwhile, Senate Bill 197 criminalizes “obscene matter” near minors or within 2,500 feet of any public school facility under the supervision of the state board. Once again, the bill mentions “transgender exposure, performances, or display to any minor” as an example of obscene matter. Under the proposed legislation, public school faculty who discover and fail to report that a student has “been exposed to obscene matter” — which includes the general existence of trans people — may be prosecuted and face a fine of up to $500 or up to a year in prison.
Gender-affirming care for anyone under 18 has been banned in West Virginia since the Spring of 2023 but Senate Bill 194 would ban gender-affirming care for trans people up to age 21 and prohibit treatment for gender dysphoria that is not oriented towards a “cure,” a tacit endorsement of conversion therapy.
All three bills are currently pending in committee.
Speaking to independent journalist Erin Reed, who specializes in reporting on anti-LGBTQ+ legislation for her blog Erin in the Morning, West Virginia LGBTQ+ organizer Ash Orr described the bill as “a blatant attempt to criminalize and erase the trans community of West Virginia.”
“The truth is, trans people of all ages are living happy, complete, and joyful lives – this contradicts the false narrative created around our community by extremist politicians,” Orr told Reed. “[Senate Bill 194] attacks our most basic values of privacy and control over our own bodies, and is based on misleading or even outright false ideas.”
Last March, West Virginia banned gender-affirming care for minors, although the state’s law does permit doctors to prescribe medical therapy if a teenager is considered at risk for suicide, per the Associated Press. According to the Human Rights Campaign, laws or policies banning gender-affirming care for minors have been passed in 22 states.
Last year saw more than 500 anti-LGBTQ+ legislative proposals; only three states and Washington, DC did not consider a bill seeking to limit the rights of queer and trans people in 2023. According to the Trans Legislation Tracker, 275 bills (176 of which are carried over from last year) are already under consideration for 2024.
