On March 2nd 2025, WV Senate passed SB 456 which would — among other things— require trans or nonbinary bathroom goers to use the public bathroom corresponding to their biological sex, regardless of their gender identity or expression. The similar house bill is HB 2006. 

I and many LGBTQ+ supporters feel this would place trans individuals at increased risk for violence, harassment, and discrimination due to the stigma that trans individuals face and the frightening increase in hate crimes and hate speech against trans folks in recent years. There is data to prove it. 

We believe that trans individuals pose no threat to others in the bathroom more than any other bathroom goer and that any perceived threat is likely due to prejudice and misinformation about trans individuals. There is no evidence I’m aware of which would suggest trans individuals in particular are entering bathrooms with harmful intent. It is already illegal for anyone to harm anyone in the bathroom. 

Using the bathroom is a private matter, and one’s private parts and medical data are private matters. Enforcing this bill would invade the privacy and dignity of trans individuals and cisgender individuals alike.

This bill if enforced would likely make someone’s trans identity more obvious, for example for someone who had transitioned to the point of “passing” as male or female, they would stand out even more in their “sex assigned bathroom.” And what about individuals who appear more ambiguous— say, a dress and a beard. Who and what would determine their “correct” bathroom? 

If we were to invade the privacy of trans folks or assumed trans folks, it would be only fair to do so for everyone. Are we going to start carding or examining folks to use the restroom? That would be completely invasive and absolutely absurd. 

With or without this bill passing, there will be trans people in the bathroom. Unless there is a private or nonbinary bathroom for everyone, which there is not. The bill would simply change which trans individuals are in which bathroom. 

I believe that the bill would be harmful, impractical, unconstitutional, and complicated to enforce. 

Please vote NO on SB456, HB2006, and any similar bills. They are harmful and unnecessary.