Bills... in West Virginia Would Categorize Trans People as “Obscene Matter"

[Jessica_Rose]

Bills Introduced in West Virginia Would Categorize Trans People as "Obscene Matter"

https://www.them.us/story/west-virginia-bills-introduced-would-categorize-trans-people-as-obscene-matter?utm_source=msn&utm_medium=syndication&mbid=synd_msn_rss

BY ABBY MONTEIL (16 Jan 2024)

On January 10, State Senator Mike Azinger introduced Senate Bills 194, 195, and 197, all of which target trans people.

Senate Bill 195 would amend West Virginia's indecent exposure law to criminalize engaging in "obscene matter," which it defines as something that a "reasonable person" would find "lacks serious literary, artistic, political, or scientific value." The bill explicitly includes "transgender exposure, performances, or display to any minor" as an example of "displays of an obscene or sexually explicit nature." In other words, should Senate Bill 195 become law, a trans person could face obscenity charges simply for existing in a public space where minors might be present.

Meanwhile, Senate Bill 197 criminalizes "obscene matter" near minors or within 2,500 feet of any public school facility under the supervision of the state board. Once again, the bill mentions "transgender exposure, performances, or display to any minor" as an example of obscene matter. Under the proposed legislation, public school faculty who discover and fail to report that a student has "been exposed to obscene matter" — which includes the general existence of trans people — may be prosecuted and face a fine of up to $500 or up to a year in prison.