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LGBT Rights in Virginia State

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✖ No protections
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

Public opinion in Virginia appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

History

Homosexual activity in Virginia

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Homosexual activity in Virginia is legal.

Current status
Since Jun 26, 2003
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.
Sources:
Lawrence v. Texas, 539 U.S. 558 (2003)
Added by garrettdietz  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Virginia

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Same-sex marriage in Virginia is legal.

Current status
Since Jul 18, 2014
Legal
The ban on same sex marriage was struck down by a 2-1 vote on July 23rd, 2014. However, due to the appeal process, the first marriages were not conducted until October 7th.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 23, 2014–Jul 18, 2014
Ambiguous
Virginia Attorney General, Mark Herring, announces he will not defend ban on same-sex marriage as it violates equal protection clause of the 14th Amendment of the US Constitution. Federal judge currently hearing arguments in court.
Added by msk1985  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Virginia

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Censorship of LGBT Issues in Virginia is no censorship.

Current status
No censorship
No specific lgbt censorship in virginia as of 2022.
Added by tsusamu  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Virginia

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Right to change legal gender in Virginia is legal, no restrictions.

Current status
Since Sep 1, 2020
Legal, no restrictions
Since September 1, 2020, Transgender individuals will just need “appropriate clinical treatment” to change sex on a birth certificate - under recently passed and signed laws by both the Virginia General Assembly and the Governor of Virginia cutting red tape.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

Oct 8, 2003–Sep 1, 2020
Legal, but requires surgery
Requires a notarized affidavit from a surgeon outlining the surgical procedure(s). A court order may also be used as evidence.
Added by RadioAndrea  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Virginia

?

Legal recognition of non-binary gender in Virginia is recognized.

Current status
Since Mar 31, 2020
Recognized
There is now an option to have “X” written for the gender mark on your license.
Added by tsusamu  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Virginia

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LGBT discrimination in Virginia is illegal in some contexts.

Current status
Since Jul 1, 2020
Illegal in some contexts
Virginia Gov. Ralph Northam signed into law sweeping legislation in most counties that not only protects the rights of lgbtq Virginians in employment and accommodations but also expands the ability of plaintiffs to sue in Virginia state court.
Sources:
Virginia Gov. Ralph Northam just signed into law sweeping legislation that not only protects the rights of lesbian, gay, bisexual and transgender (LGBT) Virginians in employment, housing and accommodations but also expands the ability of plaintiffs to sue in Virginia state court.
Added by tsusamu  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 15, 2010–Jul 1, 2020
Illegal in some contexts
Full discrimination protection in the city of Charlottesville, Alexandria, Arlington county.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Until Apr 15, 2010
No protections
There is no law offering blanket protections on the basis of sexual orientation or gender identity. Both are lacking from the Virginia hate crimes law.
Added by RadioAndrea  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Virginia

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LGBT employment discrimination in Virginia is sexual orientation and gender identity.

Current status
Since Jul 18, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.

Full discrimination protection in state employment. As well as full discrimination protection in city of Charlottesville. Sexual orientation discrimination protection Only in the Alexandria. As well sexual orientation in the county of Arlington.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 11, 2014–Jul 1, 2020
No protections
In Virginia public-sector jobs, discrimination on the basis of sexual orientation and gender identity are made illegal by executive order. There are no state protections for private sector employees, and the attorney general has released an opinion stating that localities that have instituted protective policies are outside of their legislative powers.
Added by RadioAndrea  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Virginia

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LGBT housing discrimination in Virginia is no protections.

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

Mar 1, 2012–Sep 20, 2018
Ambiguous
Various by cities and counties.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Virginia

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Same-sex adoption in Virginia is legal.

Current status
Since 2015
Legal
Same-sex couples can legally adopt kids with same rights as opposite-sex couples
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 9, 20122015
Ambiguous
There is no specific exclusion for same-sex couples. It is legal, however, to deny adoption based on religious grounds.
Added by RadioAndrea  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Virginia

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Serving openly in military in Virginia is legal.

Current status
Since 2011
Legal
Military policies are under federal jurisdiction in the United States.
Added by msk1985  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Virginia

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Blood donations by MSMs in Virginia is legal.

Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 2, 2020–May 11, 2023
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Added by JerofDoorhandle  ·  0 accurate votes  ·  Report Error  ·  Log

1983–Dec 21, 2020
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  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 21, 2015–Apr 2, 2020
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Added by JerofDoorhandle  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Virginia

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Conversion therapy in Virginia is banned.

Current status
Since Mar 3, 2020
Banned
Virginia becomes first southern state to ban gay conversion therapy.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Until Mar 3, 2020
Ambiguous
Conversion Therapy is technically legal throughout most of Virginia, some counties have laws against it.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Virginia

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Equal age of consent in Virginia is equal.

Current status
Equal
Age of consent laws are equitable regardless of gender or orientation.
Sources:
State Law:
§ 18.2-371
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log