THE POLICY LANDSCAPE
Rights, restrictions & the places between.
Legal recognition · Legal sex definitions
West Virginia
Restriction reported
Statute defines sex, male/female, man/woman for the whole code and state rules
- Laws cited
- W. Va. Code §§ 5-32-1 to 5-32-9, esp. § 5-32-3 (2025 W. Va. Acts ch. 202, Enrolled Com. Sub. S.B. 456, Riley Gaines Act)
- In effect since
- Instrument
- Statute
- Litigation
- No court order blocking S.B. 456 found.
- Researched
- (Date of the primary-source research; not a legal effective date)
From the source text
"Sex", when this term is used to classify or describe a natural person, means the state of being either male or female as observed or clinically verified at birth.
Sources
Policy sources
- W. Va. Code § 5-32-3 (official code)(opens another site)
- WV Legislature: SB 456 (2025) bill history(opens another site)
- LegiScan locator: WV SB456 (2025)(opens another site)
Researched from primary sources
Trans Data Initiative research. Researched from primary sources (enacted text, the code on official sites, executive orders, court orders), starting from the Trans Data Initiative legislation tracker's bills. Each determination was checked independently by a second researcher; disputes were settled by a third review. No other tracker's descriptions were used.
A record is what a source reported on the date it was captured, not a legal effective date. An unobserved record is not a finding that no restrictions exist.
Dated records for West Virginia in this area
-
Statute defines sex, male/female, man/woman for the whole code and state rules
W. Va. Code §§ 5-32-1 to 5-32-9, esp. § 5-32-3 (2025 W. Va. Acts ch. 202, Enrolled Com. Sub. S.B. 456, Riley Gaines Act)