W. Va. Code § 5-32-4: Sex-based protections permitted and standard of review.

Notwithstanding any other provision of law to the contrary, no state or local governmental agency may prohibit distinctions between the sexes with respect to domestic violence shelters, or other accommodation where biology, safety, or privacy are implicated and that result in separate accommodations that are substantially related to the important government interest of protecting the health, safety, and privacy of individuals in such circumstances: Provided, That nothing in this article shall be construed as authorizing an examination of a minor for purposes of determining the minor’s biological sex. The biological sex of a minor is determined by reference to the minor’s biological sex recorded at the minor’s time of birth.