In 1976, a vast revision of the state’s sexual assault laws repealed the law against sodomy.

The Supreme Court decision to not consider the appeal made same sex marriage legal in West Virginia

There are no laws censoring LGBT topics in West Virginia.

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.

While laws do not require surgery, an affidavit from a physician is required to be submitted to the Department of Health and Human Resources for gender recognition.

Adults can access gender-affirming care (GAC) freely in West Virginia, minors are largely unable to get GAC under HB2007.

Despite largely being advertised as a full ban there is an exception: for a child to access gender-affirming care, all of the following conditions must apply:
1. The child was diagnosed with "severe gender dysphoria by no fewer than two medical or mental health providers" (at least one must specialise in adolescent medicine and both must be trained in gender dysphoria).
2. Both professionals must agree in writing that GAC is medically necessary to treat "psychiatric symptoms and limit self-harm, or the possibility of self-harm".
3. The child's parents, legal guardians and the minor’s primary physician agree in writing to the child receiving gender-affirming care.
4. Any use of GAC is for "purposes of pubertal modulating and hormonal therapy limited to the lowest titratable dosage necessary to treat the psychiatric condition and not for purposes of gender transition".
5. The child is prepubescent.

Doctors and parents of the child may be prosecuted under HB2007.

As of June 25th 2024, it is illegal to change birth certificates to fit non-binary people. HB4322 bars all people from getting their birth certificates changed unless it is to male or female. Drivers licenses still remain the same as in 2022, please see the other entry below.

Some counties and towns in WV have anti-discriminatory laws, but not the entire state.

On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination.

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)."

Under federal law.

No restrictions

West Virginia's 2023 bill restricting GAC specifically allowed for intersex infant surgery.

On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.

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.

Charleston, the capital of West Virgina became the first city to ban conversion therapy on August 2nd 2021.
Morgantown quickly followed in October 2021.

State law supersedes local laws and the ban is at risk of being rendered defunct if state legislatures were to nullify the legitimacy of the scope of these laws.
No ban had been considered by state legislatures as of January 2025.
In January 2024, a bill to mandate conversion therapy of trans people under 21 was pending.

The age of consent for all individuals, regardless of orientation or gender, is 16.