After West Virginians spoke out at the Capitol earlier this week and asked for pay equity, access to feminine hygiene products and affordable child care to be added to the “Women’s Bill of Rights,” the House of Delegates declined. But while the bill advanced and is up for passage Monday, lawmakers did come to bipartisan agreement on one key point.
The controversial bill — which critics say is really a ploy to legally erase transgender people from state law — was up for amendments Friday in the House. Under the bill, sexes are defined as man and woman.
Del. Kayla Young, D-Kanawha, proposed a “strike and insert amendment” — essentially a complete rewrite of the original bill. Young’s amendment would have made feminine hygiene products tax free, allowed the distribution of free tampons in schools and prisons, given eight weeks paid maternity leave for state employees, collected data on women’s health issues and protected the right for employees to discuss pay amongst themselves.
It would have also eliminated the marriage exception for rape. West Virginia is just one of a handful of states that still technically has a loophole that legalizes many instances of spousal rape.
Del. Tom Fast, R-Fayette, the chair of the House Judiciary Committee, vehemently argued against Young’s proposal, at one point defending employers forbidding employees from discussing wages, a federal right that’s been around since 1935.
House Majority Leader Eric Householder, a Republican from Berkeley County, called for a recess. Lawmakers began milling about, huddling up and talking in hurried, hushed tones.
Speaker Roger Hanshaw and Del. Brandon Steele — who challenged Hanshaw for the gavel a couple years ago — appeared to be ironing out something at the podium. After about 15 minutes, Hanshaw pounded the gavel, with an amendment to the amendment submitted by Steele.
The particulars of parliamentary procedure aside, when it was all said and done, all that remained of Young’s amendment was closing the marital rape loophole.
Democrats tried to get a few more things to stick to the wall, including an unsuccessful attempt from Del. Evan Hansen, D-Monongalia, to get the WV Human Rights Act exempted from the bill.
The amendment ended up passing unanimously. Now, when the bill is up for passage in the House of Delegates Monday, besides putting narrow definitions of “man” and “women” into state law, and creating ways to ensure single-sex environments, it will also change the state’s criminal code to include forced sexual contact, even when the parties are married.
Standing outside the chambers, in the marble halls of the Rotunda, Young said in an interview that she was glad to at least get something changed.
“I think we got something, and I think you’re gonna protect a lot of people with that piece,” she said.
Steele happened to be walking by — and said he agreed.