The West Virginia Democratic Party is calling out Senate Republicans for what they say was a blatant disregard for legislative procedure in passing Senate Bill 474 — a controversial measure that aims to eliminate diversity, equity, and inclusion (DEI) programs across the state.
Senate Bill 474, passed late in the legislative session, sparked backlash not only for its content but also for how it was pushed through the Senate. Democrats say that in their rush to pass the bill, Republicans broke procedural rules and silenced dissenting voices.
“A Disgraceful Display,” Democrats Say
In a statement on Tuesday, Sen. Joey Garcia (D-Marion) described the process on the Senate floor as “nothing short of disgraceful.” According to Garcia, Senate Republicans refused to allow debate and didn’t permit discussion or voting on the 13 amendments he had filed in the system.
“They didn’t even allow us to take up the amendments we had filed and have a hearing on each of them — which, I believe, under the rules, is something that had to happen,” Garcia said. “The rules were simply not followed.”
Chaos in the Senate Chamber
The controversy centers around the events of March 26, when the Senate was asked to concur with changes the House of Delegates made to SB 474. At that point, Sen. Eric Tarr (R-Putnam) made a motion to suspend Joint Legislative Rule 3 — the rule that governs how disagreements and amendments between the House and Senate should be handled.
The motion was adopted, allowing the Senate to approve the bill without considering Garcia’s amendments.
However, moments later, Tarr admitted to a technical error and withdrew his motion. Another senator quickly moved to reconsider the motion and once again suspend the rules. The Senate then voted 31-2 to approve the House’s version of the bill — effectively shutting down any further debate.
Garcia and Sen. Mike Woelfel (D-Cabell) were the only two lawmakers who voted against the bill. Both said their microphones were muted as they tried to call points of order and object to the procedural moves taking place.
Democrats Say Rule Suspension Was Invalid
Democrats argue that Tarr’s motion to suspend Joint Rule 3 was illegitimate. According to them, the rule requires a two-thirds majority in the Senate and must be agreed upon by the House of Delegates as well — neither of which occurred.
Even more concerning to Democrats was the role of Senate President Randy Smith (R-Tucker). Smith reportedly told West Virginia Watch that he did not fully understand the procedures that unfolded during the bill’s passage and relied on others to advise him on what was in order.
Mike Pushkin, Chair of the West Virginia Democratic Party, was quick to criticize Smith’s response.
“The Senate President is the presiding officer of the Senate. It’s literally his job to make sure rules and procedures are properly followed,” Pushkin said. “In this instance, President Smith didn’t just neglect his duties; he actively abdicated his responsibility.”
The Senate, through a spokesperson, declined to provide further comment on Smith’s role in the matter.
Potential Legal Challenge Looms
As outrage builds over both the bill’s passage and its content, the American Civil Liberties Union (ACLU) of West Virginia has signaled it may take legal action if Governor Patrick Morrisey signs the bill into law.
The bill itself mirrors an executive order from Morrisey and prohibits offering state-sponsored services or opportunities based on race, color, ethnicity, country of origin, and, in some cases, sex. It’s part of a broader national push by Republicans to dismantle DEI efforts, which they argue are discriminatory and divisive.
Supporters of the bill claim it promotes equality by eliminating race- and gender-based preferences in government. Critics argue it undermines decades of work aimed at addressing systemic inequality and lifting up underrepresented communities.
A Nationwide Trend Reaches West Virginia
Senate Bill 474 is just one example of a nationwide effort by conservative lawmakers to restrict DEI programs in public institutions, including schools, universities, and government agencies. Similar bills have been introduced or passed in states like Florida, Texas, and Oklahoma.
Still, the way the bill was passed in West Virginia may end up being just as controversial as the bill itself.
“The process matters,” Garcia emphasized. “If we’re not following the rules, then what are we even doing here?”
As of now, the bill awaits final approval from Governor Morrisey. If signed, it will mark a significant shift in state policy — and possibly the beginning of a legal fight that could test the limits of legislative authority and constitutional protections.
