West Virginia Gov. Jim Justice signed HB4233, barring "non-binary" sex designation on birth certificates
On March 27, 2024, West Virginia Gov. Jim Justice signed House Bill 4233 into law, amending the state's vital-statistics code to require that birth certificates list a child's sex as male or female and to prohibit the use of "non-binary" as a sex designation. The measure, passed by the West Virginia Legislature, was enacted as Chapter 217 of the 2024 Acts and took effect on May 29, 2024.
Actors
On March 27, 2024, West Virginia Governor Jim Justice signed House Bill 4233 into law after the West Virginia Legislature passed it earlier in the 2024 regular session. The bill, sponsored by Delegate C. Pritt, amended and reenacted West Virginia Code section 16-5-10 to govern how sex is listed on birth certificates issued in the state.
Under the enacted law, a birth certificate must record the child's sex at birth as either male or female, and it prohibits the use of "non-binary" as a sex description. The measure passed the House of Delegates on February 29, 2024, and cleared the Senate before being sent to the governor on March 21, 2024. It was enrolled as Chapter 217 of the 2024 Acts of the Legislature and took effect ninety days from passage, on May 29, 2024.
The legislation was opposed by the American Civil Liberties Union of West Virginia and by Fairness West Virginia, an LGBTQ civil-rights organization, which argued the restriction denies non-binary residents an accurate official record of their identity. West Virginia joined a small number of states, including Oklahoma, that had moved to bar a non-binary sex designation on birth records.
Why we recorded this
Equal protection is undercut when a government writes a protected characteristic out of an official identity document. West Virginia amended its vital-statistics code to require that every birth certificate list sex as male or female and to forbid the use of "non-binary," removing a category that some residents use to accurately record who they are. This archive records when state policy singles out a group for differential treatment in access to accurate government records.
Sources
- Bill Status - HB 4233, 2024 Regular Session (Complete Bill History) — West Virginia Legislature primary accessed July 16, 2026
- Enrolled Committee Substitute for House Bill 4233 (Article 5. Vital Statistics) — West Virginia Legislature primary accessed July 16, 2026
- Senate OKs banning 'nonbinary' gender designation on birth certificates, bill heads to governor — West Virginia Watch secondary accessed July 16, 2026
See also
- Wyoming enacted SEA 8, requiring parental opt-in before instruction on sexual orientation or gender identity
- Utah Gov. Cox signed HB157 barring a parent's stance on a child's gender identity as a custody or removal factor
- Utah Gov. Cox signed HB316, requiring jail and prison housing by birth sex and restricting transgender inmate placement
- Utah Gov. Cox signed SB 219 adding a gender-identity screening test and sealing transgender-athlete eligibility proceedings
- Idaho Gov. Little signed H0538 barring compelled use of preferred pronouns for government employees and students
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