Through what Sen. Joey Garcia, D-Marion, called ÃÛÁÄÖ±²¥œdirty tricksÃÛÁÄÖ±²¥ in the last 30 minutes of the 2025 regular session, Republican lawmakers in the Senate in the state of West Virginia.
The bill passed the House at 10:41 p.m. after nearly three hours of debate.
When the bill advanced to the Senate, 13 amendments from Garcia appeared to be pending on the legislation.
Then, confusion reigned.
Sen. Eric Tarr, R-Putnam, made a motion to suspend legislative Joint Rule 3 ÃÛÁÄÖ±²¥” a rule that governs how amendments to amendments and disagreements are handled between the two legislative chambers. That motion was adopted and the Senate then concurred with and passed the HouseÃÛÁÄÖ±²¥™s version of the bill 31-2 without any consideration of GarciaÃÛÁÄÖ±²¥™s amendments.
After a short break ÃÛÁÄÖ±²¥” and as several attorneys and the chamberÃÛÁÄÖ±²¥™s parliamentarian gathered at Senate President Randy SmithÃÛÁÄÖ±²¥™s podium ÃÛÁÄÖ±²¥” Tarr withdrew his initial motion to suspend legislative Joint Rule 3 due to a technical error. The vote would need to be done again.
Another member then moved the previous question to consider the Joint Rule 3 motion again and concur with and pass the HouseÃÛÁÄÖ±²¥™s version of . Again, the Senate voted 31-2 approving the bill.
As motion after confusing motion was considered, the microphones for both Garcia and Sen. Mike Woelfel, D-Cabell ÃÛÁÄÖ±²¥” the lone no votes on the bill ÃÛÁÄÖ±²¥” were muted while they attempted to call points of order on TarrÃÛÁÄÖ±²¥™s motions as well as SmithÃÛÁÄÖ±²¥™s rulings.
In an interview after the chaos, Smith, R-Preston, said he also didnÃÛÁÄÖ±²¥™t quite understand the legislative procedures that led to the passage of SB 474. His job, he said, is to preside over the body and the process, but other people tell him what is within the rules and not.
ÃÛÁÄÖ±²¥œThis was a procedure IÃÛÁÄÖ±²¥™ve never seen in my 13 years in the House or the Senate,ÃÛÁÄÖ±²¥ Smith said ÃÛÁÄÖ±²¥œÃÛÁÄÖ±²¥¦ We have a parliamentarian who knows the rules very well, probably better than anybody in the Senate. Senator Tarr knows the procedure very well ÃÛÁÄÖ±²¥¦ As far as IÃÛÁÄÖ±²¥™m concerned, as the procedure and rules, everything was in order.ÃÛÁÄÖ±²¥
If it wasnÃÛÁÄÖ±²¥™t, Smith said, someone will need to challenge the lawÃÛÁÄÖ±²¥™s legitimacy in court. But for now, it heads to Gov. Patrick MorriseyÃÛÁÄÖ±²¥™s desk for approval.
Garcia, in an interview after the Senate adjourned sine die for the session, said he believed there is a ÃÛÁÄÖ±²¥œlegal deficiencyÃÛÁÄÖ±²¥ in the legislation.
ÃÛÁÄÖ±²¥œI have questions whether this bill actually did pass,ÃÛÁÄÖ±²¥ Garcia said. ÃÛÁÄÖ±²¥œÃÛÁÄÖ±²¥¦ [Republicans in the Senate] will take short cuts, break rules, whatever it takes to get their agenda passed.ÃÛÁÄÖ±²¥
Senate Bill 474 bans the offering of specific services or opportunities to people based on their race, color, ethnicity, country of origin and, , sex.
The bill only applies to DEI policies and initiatives in state and local governments and schools, including institutions of higher education.
GarciaÃÛÁÄÖ±²¥™s attempt to hold up the bill came after his colleagues in the House ÃÛÁÄÖ±²¥” mostly Democrats ÃÛÁÄÖ±²¥” employed similar tactics. There, 27 amendments were filed by lawmakers. Just three of those were adopted.
Those voted down included moves to include the Crown Act ÃÛÁÄÖ±²¥” a policy banning discrimination based on hairstyles and textures ÃÛÁÄÖ±²¥” in the bill, as well as adding nondiscrimination measures based on political beliefs and exempting parts of the bill from applying to veterans, among other measures.
Democrats in the body gave fiery speeches against the overall bill, namely Delegate Anitra Hamilton, D-Monongalia, who is one of just three Black lawmakers in the state Legislature.
Hamilton told her colleagues that DEI measures are not about giving people of color or other classes special treatment; theyÃÛÁÄÖ±²¥™re about ensuring everyone has equal ability to apply for and access the same opportunities.
She shared her experiences dealing with system racism in West Virginia and, specifically, at the Legislature. Her points were echoed by her colleagues, Minority Leader Sean Hornbuckle, D-Cabell, and Delegate Hollis Lewis, D-Kanawha, who are also Black.
Not recognizing the existence of racism or sexism, Hamilton said, will only hold West Virginia back.
ÃÛÁÄÖ±²¥œDiversity, equity and inclusion matters,ÃÛÁÄÖ±²¥ Hamilton said. ÃÛÁÄÖ±²¥œIf we donÃÛÁÄÖ±²¥™t embrace these principles, we donÃÛÁÄÖ±²¥™t have a bone in the race of this Backyard Brawl. WeÃÛÁÄÖ±²¥™ll continue to lose every year ÃÛÁÄÖ±²¥¦ I just pray that we cannot only abolish this legislation, we can abolish the mentality and ideology that goes along with it, and the energy.ÃÛÁÄÖ±²¥
