Senate sends House bill prohibiting ‘non-binary’ on birth certificates to governor

MORGANTOWN – A bill to prohibit non-binary designations on birth certificates is headed to the governor’s office.

The state Senate on Thursday passed HB 4233, which adds a single sentence to the section of state code dealing with birth certificates. It says, “The birth certificate shall list the child’s sex at birth as male or female and may not use the term ‘non-binary.’”

It passed 33-1 without debate. All the Republicans and two of the three Democrats voted for it. The sole vote against came from Marion County Democrat Mike Caputo.

The House passed it on Feb. 9, 93-5. All the Republicans present and six Democrats voted for it. Five Democrats voted against it, including Monongalia County Delegates Anitra Hamilton, Evan Hansen and John Williams.

The Senate passed the House bill without amendment, enabling it to go the the governor’s office.

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