- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- 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
- Intersex Infant Surgery
- Unknown
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- Varies by Region
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in West Virginia is legal.
Current status
Since Jun 11, 1976
Legal
In 1976, a vast revision of the state’s sexual assault laws repealed the law against sodomy.
Male illegal, female legal
When West Virginia was admitted to the Union after it broke away from Virginia during the American Civil War, it inherited Virginia's sodomy laws.
This is because West Virginia's first constitution authorized that laws of Virginia in effect at the time of separation would remain in force. The punishment for sodomy was 1-5 years in jail.
In 1930, a code revision eliminated the term "buggery" and replaced it with "crimes against nature." The punishment for "crimes against nature." in the code revision was "not less than one nor more than ten years" in the penitentiary (a prison for people convicted of serious crimes).
This is because West Virginia's first constitution authorized that laws of Virginia in effect at the time of separation would remain in force. The punishment for sodomy was 1-5 years in jail.
In 1930, a code revision eliminated the term "buggery" and replaced it with "crimes against nature." The punishment for "crimes against nature." in the code revision was "not less than one nor more than ten years" in the penitentiary (a prison for people convicted of serious crimes).
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
Censorship of LGBT issues in West Virginia is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in West Virginia.
Right to change legal gender in West Virginia is legal, no restrictions.
Current status
Since Jun 18, 2020
Legal, no restrictions
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.
Until Jun 18, 2020
Legal, no restrictions
Although the court had
Gender-affirming care in West Virginia is legal, but banned for minors.
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.
Until Aug 10, 2016
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
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.
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)."
Until Sep 18, 2018
No protections
No protections
Intersex infant surgery in West Virginia is unknown.
Current status
Unknown
Serving openly in military in West Virginia is legal.
Current status
Since Apr 30, 2021
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in West Virginia is legal.
Current status
Since May 11, 2023
Legal under federal United States law
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.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in West Virginia is varies by region.
Current status
Since Aug 2, 2021
Varies by Region
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.
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.
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.
United States Equality Rank
- #30 Iowa71
- #31 Montana71
- #32 Indiana70
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#33 West Virginia69
- #34 Kansas67
- #35 Missouri67
- #36 South Dakota67
#199
Interest Rank based on Equaldex traffic ?
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West Virginia LGBT Organizations
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