- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Unknown
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- Unknown
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- Ambiguous
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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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 unknown.
Current status
Unknown
Right to change legal gender in West Virginia is legal, surgery not required.
Current status
Legal, surgery not required
Missing non binary options on documents.
Legal recognition of non-binary gender in West Virginia is unknown.
Current status
Unknown
LGBT discrimination in West Virginia is no protections.
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
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.
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)."
Homosexuals 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.
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.
Legal Rights
71 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in West Virginia to help improve its accuracy.
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West Virginia LGBT Organizations
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