State

  • Homosexuality
    ✔ Legal
  • Marriage
    ✔ Legal
  • Changing Gender
    ✔ Legal, surgery not required
  • Adoption
    Ambiguous
  • Discrimination
    ✖ No protections
  • Employment Discrimination
    ✖ No protections
  • Housing Discrimination
    ✖ No protections
  • Military
    ✔ Legal
  • Donating Blood
    ✖ Banned (indefinite deferral)
  • Age of Consent
    ✔ Equal
  • Conversion Therapy
    ✖ Not banned

History

Homosexual activity in West Virginia

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Current status
(since Jun 26, 1983)
Legal
US Supreme Court ruling issued in Lawrence v. Texas struck down all sodomy laws on the basis of privacy and liberty. The decision overturned any laws remaining in all US states which prohibited acts of sodomy.
Added by imullin01  ·  3 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in West Virginia

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Current status
(since Oct 9, 2014)
Legal
The Supreme Court decision to not consider the appeal made same sex marriage legal in West Virginia
Added by vviet93  ·  2 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in West Virginia

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Current status
Legal, surgery not required
Requires public announcement of name change. Changes pending.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in West Virginia

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Jan 1, 2018–Jul 20, 2018
Single only
Full state adoption pending statewide.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log
Current status
Ambiguous
Single parent and joint adoption are allowed per statute, but second parent varies by judge and county which is thereby ambiguous.
Sources:
www.lambdalegal.org/states-region/west-virginia
W.Va. Code §48-22-201
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in West Virginia

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Aug 10, 2016–Jul 18, 2018
Illegal in some contexts
Full discrimination protections thorugh city discrimination protections in the following cities City of Charles Town, City of Charleston, city of Harpers Ferry, City of Huntington, city of Lewisburg, City of Martinburg, City of Morgantown, City of Shepherdstown,City of Sutton, City of Wheeling, Town of Thurmond. Full state employment discrimination protections pending.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in West Virginia

?
Dec 16, 2014–Jul 20, 2018
Ambiguous
City discrimination protections in 11 cities.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
No protections
As of December 16, 2014, there are no legal protections for people who are LGBT in regards to employment.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in West Virginia

?
Jan 1, 2012–Jul 18, 2018
Ambiguous
Only City Housing discrimination protections.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.

However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Homosexuals serving openly in military in West Virginia

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Current status
(since Sep 20, 2011)
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in West Virginia

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Current status
(since 1983)
Banned (indefinite deferral)
Ban on blood donations from MSMs applies to any man who has had sex, even once, with another man on or after January 1, 1977.
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log
Jan 1, 1983–Jun 20, 2018
Banned (1-year deferral)
Since 2016. Legalization pending.
Sources:
No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in West Virginia

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Current status
Equal
The age of consent for all individuals, regardless of orientation or gender, is 16.
Sources:
West Virginia State Statute §61-8B-5
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in West Virginia

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Current status
(since Jan 1, 2015)
Not banned
Conversion therapy ban pending.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log


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