There are too many things to talk about and not nearly enough time or space. As much as the shit storm that is our federal government (or what’s left of it) occupies my mind, right now what I can impact is happening at the state level. So here are some bills from the Bad Idea Factory (thanks West Virginia Dems — though, I wish I had thought of it first) that are way too close to making it over the finish line:
SB 460 has been resurrected as a strike-and-insert amendment to HB 2776. A strike-and-insert amendment basically says “we’re going to do away with this section, or everything after ‘x’ point, and replace it with the following.” Essentially, the West Virginia Senate took a house bill that had already passed the House of Delegates and replaced the entire thing with a version of the original bill plus all of the defeated SB 460. If the full Senate approves this amended HB 2776, it will have to go back to the House of Delegates for concurrence.
Therefore, we have two opportunities to kill the bill that just won’t die: Amended HB 2776 is on third reading in the Senate, so we can still lodge our objections there. If the amended bill does pass the Senate, we can bombard the House of Delegates with calls and letters.
SB 299 prohibits “the prescription or dispensing of gender-altering medication and gender reassignment surgery for individuals under 18 years of age.” This includes puberty blockers and hormone treatments.
Gender-affirming care is health care — it is life-saving health care. Transgender and gender-queer kids and teens have to jump through a million hoops just to access the most basic gender-affirming medical services. By the time they reach the point where they can be prescribed any kind of medical intervention like puberty blockers, they have more than proven that they need those medications.
Lawmakers love to talk about freedom and choice — until it’s a choice with which they don’t agree.
SB 299 is on second reading in the House of Delegates. Rumor has it SB 299 might get an amendment to grandfather in minors who are already receiving gender-affirming medical treatments, but that is not enough. Everyone deserves the freedom of choice.
SB 474 in the bill to end diversity, equity, and inclusion in West Virginia. The FastDemocracy summary reads: “The proposed bill seeks to amend the Code of West Virginia by eliminating diversity, equity, and inclusion (DEI) programs, trainings, activities, offices, and officers across various sectors, including the executive branch and educational institutions. It establishes legislative findings, defines relevant terms, and outlines a complaint and appeals process for parents and guardians of students who feel aggrieved by violations of the bill. Key provisions include prohibiting state departments from maintaining DEI offices, hiring DEI personnel, or requiring DEI training for employment. The bill also restricts educational institutions from teaching concepts that imply superiority based on race, ethnicity, or sex, while allowing theoretical discussions if alternative theories are included.
“Additionally, the bill mandates that institutions of higher education adopt policies to discipline employees or contractors who violate conduct standards related to DEI initiatives. It clarifies that support for academic and health-related activities, as well as compliance with existing laws, remains unaffected. The legislation requires institutions to report on their compliance efforts and reallocates unspent DEI funds to merit scholarships or tuition reductions for lower-income and first-generation students. It explicitly prohibits diversity statements in admissions or hiring processes and restricts the promotion of certain race and gender concepts in educational settings, aiming to foster a more neutral educational environment while ensuring legal compliance.”
The justification lawmakers have given is that West Virginia “doesn’t need” diversity, equity, inclusion. Which sounds a lot to me like the justification the Supreme Court gave in Shelby County v. Holder that racism was as good as dead in the South, so states that had a history of discrimination no longer needed to have new voting laws reviewed by the Department of Justice or a federal court (a process known as “preclearance”).
States like Texas immediately started implementing restrictive voting laws that had previously been stopped during preclearance. Between 2013, when Shelby County v. Holder was decided, and 2023, 7 states passed 5 or more laws each restricting voting access or making voting harder.
So when West Virginia lawmakers say we “don’t need” diversity, equity, and inclusion programs, what I hear is they want to dismantle every bit of progress we have made balancing historic inequities that left women and people of color behind.
SB 474 is on second reading in the House of Delegates.
SB 154 prohibits teaching about sexual orientation and gender identity in schools. Even more dangerously, though, it requires educators to “out” students who ask for any kind of identity accommodations, like asking to be referred to with different a name or pronouns.
For some kids, school is their safe place. It’s one of the few spaces where they feel like they can be themselves — surrounded by friends who love them as they are, peers who accept them, and educators who support them. Every queer, trans, nonbinary, and questioning kid deserves to have the time and space to figure out who they are — and to “come out” to their family in their own time. SB 154, more than stigmatizing the LGBTQ+ community even more, is very likely to get some innocent child grievously hurt if not killed. Unfortunately, this bill is likely to pass — it’s already on second read in the House.
SB 280 is that stupid lawsuit-waiting-to-happen bill that mandates all classrooms, including in higher education, display the U.S. motto “In God We Trust.” It’s on second reading in the House and looks likely to pass unless the House tries to amend anything craz(ier) into it.
SB 85, to ban medication abortion, is likely dead in committee, so there’s something small to celebrate.
HB 2382 is the statewide camping ban modeled on measures passed in several West Virginia cities and is similar to the camping ban Morgantown residents will vote on later this month. It was sent to Senate Rules committee, where it could die. However, it could be rushed out before Saturday and passed just before deadline.
A few other bills that I haven’t discussed before but that are worth mentioning:
HB 2402 is related to parents and guardians accessing kids’ medical records without requiring the kid’s consent. That alone is problematic. However, a Senate amendment prohibits any person or entity from requiring someone to provide immunization records — a de facto vaccine exemption. This bill is on third reading in the Senate.
SB 592 is one that’s generating a lot of concern. This bill relating to aboveground storage tanks would remove oversight from tanks storing hazardous waste near water intakes. According to West Virginia Watch: “Under the proposed legislation, more than 1,000 oil, gas and coal tanks nearest to drinking water intakes — the same tanks that were responsible for the 2014 chemical leak — would be exempt from mandated third party inspections that currently ensure they aren’t at risk of leaking.”
Ironic that such legislation is coming out of Charleston 11 years after 10,000 gallons spilled from Freedom Industries tanks into the Elk River, contaminating the drinking water for all of Charleston and nine counties total.
SB 592 is on second reading in the House of Delegates.
HB 2014 is the governor’s micro-grid bill — which also “establishes the High Impact Data Center Program, recognizing West Virginia’s strategic advantages for data center development.” Data centers can be set up for crypto mining — solving the algorithms to unlock new cryptocurrency — or to power artificial intelligence and cloud computing. However, data centers require extreme amounts of energy to power massive computer farms and tons of water to keep those computers cool. They sap a state’s energy and water resources, giving back polluted water and increased costs, and provide very few jobs in return.
HB 2014 is on second reading in the Senate.
All right, everyone — you know the drill: Call and write your legislators and tell them “no” to all of the above. Find their contact info here: https://fastdemocracy.com/find-your-legislators/
J. Nelson - Writer 