West Virginia Governor Signs ‘Riley Gaines Act’

West Virginia Gov. Patrick Morrisey hosted former University of Kentucky swimmer Riley Gaines in Charleston on Wednesday to sign into law the Riley Gaines Act — codifying the definitions of "man" and "woman" into state law.

The bill, sponsored by Senate President Randy Smith, R-Blackwater Falls, and Minority Leader Mike Woelfel, D-Huntington, passed overwhelmingly in the 31-3 GOP-majority upper chamber.

A sole Democrat, Sen. Joey Garcia of Fairmont, voted "nay," and the House approved the Senate’s bill 90-8 along party lines.

According to text of the measure, it "reaffirms longstanding meaning[s]" of sex, male and female in state law, preserves women’s restrooms, sleeping quarters, locker rooms and other private facilities for the sole use of women – to prevent "abuse, harassment, sexual assault and violence committed by men."

Morrisey said Wednesday he was inspired by the story of 14-year-old shot-put athlete Emmy Salerno from Shinnston, outside Clarksburg.

Salerno and her teammates refused to participate in the 2023 Harrison County middle school championship event as a protest against being primed to compete against a transgender student athlete.

Morrisey, then attorney general, threw his support behind a lawsuit over the situation.

"This is an incredible day for West Virginia," Morrisey said Wednesday, noting that Gaines, along with Independent Women’s Forum president Heather Higgins, stood beside him.

He went on to credit House Speaker Roger Hanshaw, R-Clay; state Sen. Patricia Rucker, R-Charles Town; and Del. Kathie Hess Crouse, R-Buffalo, as crucial in getting the law passed: "I worked on this issue for a very long time, and even right now we have multiple cases up at the U.S. Supreme Court," Morrisey said, adding that in the end, the true heroes of the movement are the athletes themselves, like Gaines and Salerno.

Hess Crouse told Fox News Digital that she was happy to see the bill succeed.

"I have stood firmly in support of this bill alongside Riley Gaines," she said. "There are undeniable biological differences between men and women, and allowing men and boys to compete in women's sports or enter female-only spaces is not only unfair but also a serious safety concern."

"Protecting the integrity of women’s sports and single-sex spaces is essential, and this law is a victory for women's rights, fairness, and safety," Hess Crouse added.

Rucker told the Wheeling Intelligencer the bill is "not a question of hating [transgender people] or calling them names or wanting them abused."

"I know several [transgender people] and I respect them and I believe they should be safe to live their lives and choose what they want to do — but it does not override the right of women who do not want to share space with… a biological male."

Meanwhile, Garcia — the lone Senate Democrat in opposition — said transgenderism is not "a decision people make but who they are," and questioned the bill’s necessity.

Additionally, West Virginia Democratic Party Chair Mike Pushkin denounced Wednesday's ceremony as a "photo op" for Republicans.

"I hope Riley Gaines enjoyed her quick stop in West Virginia to celebrate Gov. Morrisey’s bill to make bathrooms great again," quipped Pushkin, who is also a delegate representing Charleston.

"While Republicans lined up for selfies and high-fives over legislation about who uses which restroom, West Virginians were still waiting on lawmakers to tackle real issues — like jobs, healthcare, and roads we can drive on without risking damage to our cars," Pushkin said.

"Maybe next time Ms. Gaines visits, she’ll remind Republicans that working families need fewer political stunts and more actual solutions."

At the ceremony, Morrisey noted that President Donald Trump also led on the issue with his executive order similar to West Virginia’s legislation and his recent White House spat with Maine Democratic Gov. Janet Mills.

"This is an issue that has nearly universal support," he said. "Yes, the woke left, they always dig in their heels, and they try to force the rest of the country to adhere to the radical gender ideology. Well, that's not going to happen here. That's not going to happen in West Virginia."

Gaines remarked that when she took to Morrisey’s podium, it seemed a "little bit silly" that she got a standing ovation for "merely saying men and women are different."

Gaines rose to the fore on the issue after competing against University of Pennsylvania swimmer Lia Thomas, a transgender athlete, at the 2022 NCAA Women’s Swimming Championships. She offered a "shout out" to Salerno for her courage to stand up against a similar situation, and said it is refreshing that Morrisey and others are leading on this issue.

On the flip side, she said, some governors have dug in their heels with "woke" changes to biological definitions and scholastic sports regulations.

She pointed to Wisconsin Gov. Tony Evers, a Democrat, who caused a firestorm when his statewide budget proposal changed the term "mother" to "inseminated person" and "husband" to "spouse."

Evers drew heat from Republicans across the country, as well as Mississippi-born Wisconsin icon Brett Favre, who called Evers’ move "nonsense."

Evers later defended the move as a way to give "people a chance that are using IVF, which I think Republicans are kind of OK with — [and] have legal certainty about a mom being able to have a year of care."

At the Charleston event, Gaines added: "We've been called a lot: ‘cervix-havers’, ‘uterus owners’, ‘menstruaters’, ‘chest-feeders’, ‘birthing persons’ — but ‘inseminated persons’ really takes the cake for me."

In response, Morrisey turned to the assembled lawmakers and quipped, "You’re not going to send me a bill with 'inseminated person' written in it, not in West Virginia."