- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- ✖ Not legally 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
- ✖ Not banned
- Age of Consent
- ✔ Equal
Public Opinion
Recent surveys in West Virginia have revealed a mixed response towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
History
Homosexual activity in West Virginia is legal.
Current status
Since Jun 26, 1983
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.
Same-sex marriage in West Virginia is legal.
Current status
Since Oct 9, 2014
Since Oct 9, 2014
Legal
The Supreme Court decision to not consider the appeal made same sex marriage legal in West Virginia
Censorship of LGBT Issues in West Virginia is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in West Virginia.
Right to change legal gender in West Virginia is legal, surgery not required.
Current status
Since Jun 18, 2020
Since Jun 18, 2020
Legal, surgery not required
In 2020, the West Virginia Supreme Court ruled to not issue revised birth certificates anymore, but simply cross out the old gender marker and write the new one under it. This makes transgender people easily identifiable.
Until Jun 18, 2020
Legal, surgery not required
Although the court had
Legal recognition of non-binary gender in West Virginia is not legally recognized.
Current status
Not legally recognized
West Virginia does not currently legally recognize non-binary identities.
LGBT discrimination in West Virginia is illegal in some contexts.
Current status
Since Aug 10, 2016
Since Aug 10, 2016
Illegal in some contexts
Some counties and towns in WV have anti-discriminatory laws, but not the entire state.
Until Aug 10, 2016
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
LGBT employment discrimination in West Virginia is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
LGBT housing discrimination in West 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)."
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)."
Until Sep 18, 2018
No protections
No protections
Serving openly in military in West Virginia is legal.
Current status
Since Sep 20, 2011
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.
Blood donations by MSMs in West Virginia is legal.
Current status
Since May 11, 2023
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.
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Equal age of consent in West Virginia is equal.
Current status
Equal
The age of consent for all individuals, regardless of orientation or gender, is 16.
US Equality Rank
#199
Interest Rank based on Equaldex traffic ?
Top Contributors
- imullin01 7 contributions
- Notdog1996 6 contributions
- Ausyk 5 contributions
- vviet93 1 contribution
- JerofDoorhandle 1 contribution
West Virginia LGBT Organizations
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