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State

    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
    ✖ Banned (3-month deferral)
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
Suggest Public Opinion Data

Public Opinion

Support for LGBT protections by US state

Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)

Question: "Do you strongly favor, favor, oppose or strongly oppose laws that would protect gay, lesbian, bisexual, and transgender people against discrimination in jobs, public accommodations, and housing?"

 
Favor (63%)

Opposition of religiously based refusals to serve gay and lesbian people

Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)

Question: "Do you strongly favor, favor, oppose or strongly oppose allowing a small business owner in your state to refuse to provide products or services to gay or lesbian people, if doing so violates their religious beliefs"

 
Oppose (52%)

Support of same-sex marriage by US state

Ranked #45 out of 51 regions surveyed. (Source: Pew Research, 2014)

Question: "Do you strongly favor, favor, oppose or strongly oppose allowing gays and lesbians to marry legally?"

(51%) Oppose
Favor (39%)

Support of homosexuality by US state

Ranked #47 out of 51 regions surveyed. (Source: Pew Research, 2014)

Question: "Which statement comes closer to your own views: homosexuality should be accepted by society OR homosexuality should be discouraged by society?"

(47%) Oppose
Support (45%)

History

Homosexual activity in West Virginia

?

Homosexual activity in West Virginia is legal.

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  ·  2 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in West Virginia

?

Same-sex marriage in West Virginia is legal.

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

Censorship of LGBT Issues 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.
Added by Notdog1996  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in West Virginia

?

Right to change legal gender in West Virginia is legal, surgery not required.

Current status
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.
Added by Notdog1996  ·  1 accurate vote  ·  Report Error  ·  Log

Until Jun 18, 2020
Legal, surgery not required
Although the court had
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in West Virginia

?

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.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in West Virginia

?

LGBT discrimination in West Virginia is illegal in some contexts.

Current status
Since Aug 10, 2016
Illegal in some contexts
Some counties and towns in WV have anti-discriminatory laws, but not the entire state.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Until Aug 10, 2016
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in West Virginia

?

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

Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jun 15, 2020
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

Dec 16, 2014–Sep 20, 2018
Ambiguous
City discrimination protections in 11 cities.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT housing discrimination in West Virginia

?

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)."
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 2012–Sep 18, 2018
Ambiguous
Only City Housing discrimination protections.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

Until Sep 18, 2018
No protections
No protections
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in West Virginia

?

Same-sex adoption in West Virginia is legal.

Current status
Since Jun 26, 2017
Legal
Under federal law.

No restrictions
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Until Jun 26, 2017
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

Serving openly in military in West Virginia

?

Serving openly in military in West Virginia is legal.

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  ·  1 accurate vote  ·  Report Error  ·  Log

Blood donations by MSMs in West Virginia

?

Blood donations by MSMs in West Virginia is banned (3-month deferral).

Current status
Since Apr 2, 2020
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Added by Ausyk  ·  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

1983–Dec 21, 2015
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

Conversion therapy in West Virginia

?

Conversion therapy in West Virginia is not banned.

Current status
Since Jan 1, 2015
Not banned
Conversion therapy is not banned at a state level, however, on August 3, 2021, the city of Charlestown banned conversion therapy.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in West Virginia

?

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.
Sources:
West Virginia State Statute §61-8B-5
Added by imullin01  ·  2 accurate votes  ·  Report Error  ·  Log