Senate wields power over WV cities with bill overturning local anti-discrimination ordinances

Yahoo

25-03-2025

Sen. Brian Helton, R-Fayette, speaks on the Senate floor Monday, March 24, 2025, about a bill that would overturn anti-discrimination ordinances passed by city councils in West Virginia. (Will Price | West Virginia Legislative Photography)
Anti-discrimination ordinances would be overturned in dozens of West Virginia cities, according to a bill passed Monday by the Senate.
During a fiery debate over the measure, multiple Republicans spoke out against their party members, saying it was anti-local control and not up to Senators to override lawful city council members' decisions.
'This is dumb,' Sen. Ryan Weld, R-Brooke, who represents several cities with anti-discrimination protections. 'In West Virginia we like to say, 'All are welcome.' I'm not sure this helps with that message.'
Twenty cities and communities — including Bethany, Fayetteville, Harper's Ferry, Morgantown and Wheeling — have passed anti-discrimination measures that offer additional protections to LGBTQ+ individuals, veterans and more.
The measure, Senate Bill 579 would prohibit municipalities participating in the home rule program from establishing nondiscrimination ordinances that include protected classes in addition to what is designated in state statute.
'There's a thing called the Human Rights Act of West Virginia, and it's in place to prevent discrimination against people who are part of special protected classes,' said bill sponsor Sen. Brian Helton, R-Fayette. Those protections extend to employment, housing and more, he said.
'Uniformity of law is critical to ensure all West Virginians are equally protected. A patchwork of varying local ordinances creates uncertainty for individuals and businesses,' he said.
Helton also said that local ordinances offering protections to transgender individuals contradict executive orders from President Donald Trump and Gov. Patrick Morrisey saying that the government will recognize only two sexes, female and male.
The state's Home Rule code, enacted in 2007, allows eligible cities to adopt ordinances separate from state law or rules as long as they don't conflict with the U.S. Constitution, the state constitution and a few other guardrails.
In Morgantown, there are ordinances banning LGBTQ+ discrimination and the use of conversion therapy. City council members also passed a Crown Act in 2021, banning natural hair-based discrimination. This Senate bill, if signed into law, would strike down all three local ordinances.
'I'm very disappointed in the Legislature for saying that is not a value for West Virginia,' said Danielle Trumble, a member of Morgantown City Council for four years. 'Home Rule was put in place because of small government. The changes they are making do not support this.'
A coalition of local leaders from all 20 communities signed a letter opposing the bill.
'Local governance is a cornerstone of our democracy, allowing communities to make decisions that reflect their values and priorities,' the letter reads. 'Each of our cities and towns adopted fairness laws through thoughtful deliberation, often with bipartisan support, to foster inclusive and welcoming environments for residents, businesses and visitors alike. Overturning these protections would disregard the will of our constituents and undermine the ability of local governments to respond to the needs of their communities.'
Sen. Joey Garcia, D-Marion, echoed similar concerns on the Senate floor during bill debate. Fairmont adopted an anti-discrimination ordinance in 2022.
'Local control is only good, apparently, when it is what this body agrees with, and that's completely against the idea of democracy on a local level,' he said.
Sen. Tom Takubo, R-Kanawha, represents Charleston and South Charleston, both of which have passed anti-discrimination ordinances. He voted against the measure.
'The easiest vote I will ever make in the Senate is to allow the voters to decide,' he said. The local voters have voted for their local city councils to make those decisions for themselves.'
Helton raised concerns about city ordinances that ban medical professionals' use of conversion therapy on children who may be questioning their sexual orientation or gender identity.
The city ordinances banning the practice infringe on parents rights who may seek conversion therapy for their child, he said.
Conversion therapy is a scientifically discredited practice of using therapy to 'convert' LGBTQ+ people to heterosexuality or traditional gender expectations. It's often based on religious ideologies. Twenty-one states, including Kentucky, have banned its use.
'It essentially tries to hypnotize a child to say they're straight,' said Takubo, who is a doctor.
'Conversion therapy is pretty damn close to child abuse,' said Sen. Mike Woefel, D-Cabell, who cited positions from medical professionals, including the American Academy of Pediatrics, against the practice.
Sen. Scott Fuller, R-Wayne, spoke in support of the bill, saying children should know there are two biological sexes.
'What we stand for, number one, is parental rights … We are Republicans, we run by common sense,' he said.
Fairness West Virginia, an LGBTQ+ advocacy organization, called the measure an attack on local decision making and on the ' basic dignity of LGBTQ+ West Virginians.'
'West Virginia is our home. We deserve the right to live and work here without fear of discrimination. Our leaders should be working to expand protections for all residents, not take them away,' said Andrew Schneider, executive director of Fairness West Virginia.
The bill passed the Senate 24-8, with six Republicans joining the Senate's two Democratic members to oppose the measure.
'I don't always agree with the actions of the city of Morgantown. But at the same time, I respect their ability to take those actions,' said Sen. Mike Oliverio, R-Monongalia, who voted against the bill.
Trumble said Morgantown's anti-discrimination ordinance has been a useful tool in the city in fostering a welcoming environment. It's one of the few parts of the state where population is increasing, she noted.
'The majority of people in Morgantown I've spoken to, regardless of political affiliation, are proud that our community is welcoming to everyone,' Trumble said.
Weld emphasized there wasn't a current state problem that this legislation sought to address.
'Of all the problems, foster kids, [child protective services], workforce, educational outcomes, PEIA, Hope Scholarship and the financial burden it may create within our budget … and this is where we're at today,' he said.
The bill now heads to the House of Delegates for consideration.
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