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State

    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
Suggest Public Opinion Data

History

Homosexual activity in West Virginia

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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  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in West Virginia

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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  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in West Virginia

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Censorship of LGBT Issues in West Virginia is unknown.

Current status
Unknown

Right to change legal gender in West Virginia

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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.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in West Virginia

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Legal recognition of non-binary gender in West Virginia is unknown.

Current status
Unknown

LGBT discrimination in West Virginia

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LGBT discrimination in West Virginia is no protections.

Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Aug 10, 2016–Sep 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.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in West Virginia

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LGBT employment discrimination in West Virginia is no protections.

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

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

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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  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex adoption in West Virginia

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Same-sex adoption in West Virginia is ambiguous.

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

Jan 1, 2018–Sep 8, 2018
Legal
Under federal law.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

Homosexuals serving openly in military in West Virginia

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Homosexuals 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  ·  2 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in West Virginia

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Blood donations by MSMs in West Virginia is banned (indefinite deferral).

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  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 1983–Jun 20, 2018
Banned (1-year deferral)
Since 2016. Legalization pending.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Conversion therapy in West Virginia

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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  ·  2 accurate votes  ·  Report Error  ·  Log

Equal age of consent in West Virginia

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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  ·  1 accurate vote  ·  Report Error  ·  Log