West Virginia Code § 5-32-1

Purpose and general application
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(a) The purpose of this article is to:
(1) Reaffirm the longstanding meaning of sex, male, and female in state law.
(2) Preserve women's restrooms, multiple occupancy restrooms or changing rooms, and
sleeping quarters for women in facilities where women have been traditionally afforded
privacy and safety from acts of abuse, harassment, sexual assault, and violence committed
by men.
(3) Bring clarity, certainty, and uniformity to the laws of the state regarding sex
discrimination, privacy, equality of the sexes, and benefits or services specifically provided
to men and women.
(b) This article shall apply wherever the state or an instrumentality of the state classifies
people on the basis of sex or otherwise defines peolple as being female or male, women or
men, girls or boys.
(c) This article shall not be enforced in any manner inconsistent with or in violation of the
ruling in Grimm v. Gloucester School Board, 972 F.3d. 586 (4th Cir. 2020). If a decision by
the Supreme Court of the United States or by the United States Court of Appeals for the
Fourth Circuit overrule or otherwise render the Grimm decision ineffective, then the
limitations on enforcement imposed by this subsection shall be considered repealed.

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