Same-sex sexual activity legal? Legal since 1976 Adoption Yes | Gender identity/expression Yes | |
 | ||
Discrimination protections None statewide, but 5 cities have antidiscrimination ordinances Recognition of
relationships Marriage since October 9, 2014 | ||
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of West Virginia face legal challenges even though homosexual activity and same-sex marriages are legal in West Virginia.
Contents
Laws against same-sex sexual activity
West Virginia repealed its sodomy law in March 1976.
Recognition of same-sex relationships
Same-sex marriage became legal in West Virginia on October 9, 2014, when the attorney general announced he would no longer defend the state's ban on same-sex marriage in court and the governor directed all state agencies to comply with recent federal court rulings that established the state's ban was unconstitutional.
A state statute defines marriage between a man and a woman. In 2009, a bill that would amend the constitution to ban same-sex marriage in the state was overwhelmingly voted down (67-30) by the House of Delegates. All 29 House Republicans voted to move the measure out of committee, along with one Democrat. The amendment was heavily supported by Evangelical groups in the state and the Family Council Policy of West Virginia. In 2010, "The Marriage Protection Amendment" was re-introduced in both the House of Delegates and the Senate. Republican efforts to discharge the measure from the House Constitutional Revision Committee and were defeated (68-30). The amendment was later defeated in the Senate.
In December 2011, Delegate John Doyle introduced a bill to legalize civil unions in West Virginia as one of his last acts before retirement in 2012. It was submitted to the House of Delegates in February 2012 and died without a vote.
West Virginia extended hospital visitation rights to same-sex couples through a designated visitor statute.
McGee v. Cole
On October 1, 2013, Lambda Legal filed a lawsuit, McGee v. Cole, in U.S. District Court on behalf of three same-sex couples and one of their children challenging the state's denial of marriage licenses to same-sex couples. The suit named two county clerks as defendants. On November 21, West Virginia Attorney General Patrick Morrisey asked the court to allow his office to defend the state's statutes, and on December 19 both he and the clerk asked the court to dismiss part of the suit. On January 30, 2014, the judge assigned to the case, U.S. District Judge Robert C. Chambers, dismissed the part of the suit challenging the state's refusal to recognize same-sex marriages from other jurisdictions, since none of the plaintiffs had married elsewhere, but he invited the plaintiffs to add plaintiffs that had done so and the plaintiffs said they were considering that.
On June 10, 2014, the Judge Chambers ordered a stay of proceedings until there is a ruling in Bostic v. Shaefer. Bostic is a same-sex marriage case in the Fourth Circuit Court of Appeals. The district judge reasoned that "because of the overlap in the issues present" the Virginia case should be decided first. His order matched those in two other same-sex marriage cases in the Fourth Circuit: Harris v. Rainey, a Virginia case, and Bradacs v. Haley, a South Carolina case.
Discrimination protections
There are no statewide protections for sexual orientation or gender identity. A bill that would prohibit discrimination based on one's sexual orientation was passed by the state Senate in March 2009, though was killed by the House later that month. In both 2010 and 2011, the bill was re-introduced in both the House of Delegates and Senate but stalled in committee. In 2013, a bill was introduced again in the House and Senate.
Public opinion
A September 2011 Public Policy Polling survey found that 19% of West Virginia voters thought that same-sex marriage should be legal, while 71% thought it should be illegal and 10% were not sure. A separate question on the same survey found that 43% of West Virginia voters supported the legal recognition of same-sex couples, with 17% supporting same-sex marriage, 26% supporting civil unions but not marriage, 54% favoring no legal recognition and 3% not sure.
A September 2013 Public Policy Polling survey found that 23% of West Virginia voters thought that same-sex marriage should be legal, while 70% thought it should be illegal and 7% were not sure. A separate question on the same survey found that 49% of West Virginia voters supported the legal recognition of same-sex couples, with 20% supporting same-sex marriage, 29% supporting civil unions but not marriage, 48% favoring no legal recognition and 4% not sure.