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Bill banning the use of ‘non-binary’ on birth certificates moves out of House 

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Bill banning the use of ‘non-binary’ on birth certificates moves out of House 

Feb 09, 2024 | 12:37 pm ET
By Amelia Ferrell Knisely
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Bill banning the use of ‘non-binary’ on birth certificates moves out of House 
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House Bill 4233 would not allow people to list "non-binary" under sex on a birth certificate. (Getty Images)

Parents wouldn’t be able to label a baby as “non-binary” on their birth certificate, according to a bill passed out of the House of Delegates on Friday.

The legislation, House Bill 4233, says, “The birth certificate shall list the child’s sex at birth as male or female and may not use the term ‘non-binary.'”

The legislation was sponsored by Del. Chris Pritt, R-Kanawha. 

During bill debate, Del. Mike Pushkin, D-Kanawha, questioned if there had been any attempts to put “non-binary” on a child’s birth certificate in the state.

Judiciary Chairman Tom Fast rescinded, “I don’t know if it’s being done or not, but [the bill] definitely sets forth a standard.”

The measure overwhelmingly passed with five Democrats voting against it, including Pushkin.

“We spend time prohibiting things that aren’t happening,” he said. “There are plenty of issues we should be dealing with, like 8,000 kids in foster care. Where are their birth certificates?”

The bill now heads to the Senate for consideration.