The West Virginia Senate voted 25-8 on Monday to prevent cities participating in the state’s Home Rule program from enacting nondiscrimination ordinances.
“I just don’t understand,” said Beverly White, Mayor of Lewisburg, WV, which currently has a nondiscrimination ordinance. “I’m disappointed that no one is considering our children. Why are we interfering in other people’s families?”
These ordinances prohibit discrimination based on sexual orientation and gender identity in areas such as employment, housing, and public accommodations. However, they do not affect facilities like bathrooms or locker rooms.
Cities across the country and within West Virginia have implemented these measures when state governments have not. Currently, 20 cities in the state have such protections in place.
According to the Movement Advancement Project, a national think tank that monitors nondiscrimination policies, the following West Virginia cities have these ordinances: Athens, Beckley, Bethany, Bolivar, Charles Town, Charleston, Fairmont, Harpers Ferry, Huntington, Keyser, Lewisburg, Martinsburg, Monangah, Shepherdstown, South Charleston, Sutton, Thurmond, Wardensville, and Wheeling.
SB 579 states: “Municipalities participating in the Municipal Home Rule Program may not enact any ordinance, resolution, rule, or regulation that recognizes additional protected classes beyond those already established by state law. Any existing ordinances that do so are void and unenforceable.”
‘This is dumb.’
Sen. Ryan Weld, R-Brooke, expressed his frustration with the bill, stating, “This is dumb.”
“With all the issues this state faces… this is what we’re focusing on?”
Weld had previously challenged the bill when it was reviewed by the Judiciary Committee. During the committee hearing, the legal counsel explained the bill’s intent:
“The purpose of this bill is to prevent municipalities in the Home Rule program from establishing additional protected classes beyond those recognized by state law.”
Weld then asked, “How were these ordinances passed?”
The attorney responded that they were approved by locally elected officials.
“Did these cities do anything illegal?” Weld inquired.
“No,” the counsel replied, adding that if the bill passes, those cities will now have to comply with state law.
“So, we would be undoing the lawful actions of local governments and overriding the decisions of local voters?” Weld asked.
“Yes,” the attorney confirmed. “This bill would supersede those decisions.”
Summarizing the situation, Weld remarked, “We’re reversing what they legally did.”
Sen. Brian Helton, R-Fayette, who introduced the bill, defended it by emphasizing the need for consistency in legal protections.
“I believe it’s important to have a uniform set of protected classes,” Helton stated. “We need to prevent this ‘scope creep’ that’s happening. This is a significant issue. We don’t want to infringe on anyone’s rights—this bill clarifies that. It falls within the scope of Home Rule, and it’s our responsibility to ensure all citizens are treated equally under the law.”
Weld pushed back, arguing, “What’s most troubling about this bill is that it undermines the democratic process at the local level. If residents of a city disagreed with their nondiscrimination ordinance, they could vote out their city council or repeal the ordinance themselves. But that hasn’t happened. This is an issue created within this building, not within the communities that enacted these protections. Local control should mean local control—not just when it aligns with certain lawmakers’ preferences.”
Final Debate on the Senate Floor
Following intense discussions on Monday, the Senate ultimately supported Helton’s bill, voting to prohibit local governments from enacting additional protections for certain groups.
Helton and Sen. Tom Willis, R-Berkeley, argued that the legislation was necessary to prevent situations where men could enter women’s restrooms or locker rooms. They claimed that the “public accommodations” provisions in these ordinances posed a risk to women and children. However, as Weld pointed out, West Virginia state law already excludes bathrooms and locker rooms from public accommodation protections.
West Virginia’s Home Rule program, implemented by the state legislature a decade ago, was designed to give cities and towns greater flexibility in governing their local communities. The WV Municipal League describes Home Rule as “an ‘incubator of innovation’ that allows municipalities to create policies suited to their unique needs. Some solutions developed through this program have even been adopted statewide.”
Testimony during committee hearings and Senate debates indicates that if the bill becomes law, all existing and future nondiscrimination ordinances in participating cities will be nullified.
Response from Mayor Beverly White of Lewisburg
“Our ordinance has not caused any issues,” said Mayor Beverly White in a phone interview on Monday. “Families just want their children to feel safe and respected.”
“I’m deeply invested in our children,” she continued. “They are our future. What kind of message does this send? That some kids don’t matter because they’re different? I just don’t understand.”
Lewisburg was named West Virginia’s most inclusive city in 2021, a distinction White takes pride in. “We want to keep our best and brightest here. Lawmakers say they want the same thing, but clearly, there’s a group of young people they don’t want to include.”
“Every person is someone’s child,” she added. “How would you want your child to be treated?”
White said it’s still unclear what the bill’s passage would mean for cities like Lewisburg. A request for comment from the WV Municipal League, which represents municipalities, had not been returned as of Monday.
