West Virginia Code § 5-32-4

Sex-based protections permitted and standard of review
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Notwithstanding any other provision of law to the contrary, no state or local governmental
agency may prohibit distinctions between the sexes with respect to domestic violence
shelters, or other accommodation where biology, safety, or privacy are implicated and that
result in separate accommodations that are substantially related to the important
government interest of protecting the health, safety, and privacy of individueals in such
circumstances: Provided, That nothing in this article shall be construed as authorizing an
examination of a minor for purposes of determining the minor's biologircal sex. The biological
sex of a minor is determined by reference to the minor's biological sex recorded at the
minor's time of birth.

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