- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires medical diagnosis
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in Virginia appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
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Homosexual activity in Virginia is legal.
Current status
Since Jun 26, 2003
Legal
Same-sex marriage in Virginia is legal.
Current status
Since Jul 18, 2014
Legal
The ban on same sex marriage was struck down by a 2-1 vote on July 23rd, 2014. However, due to the appeal process, the first marriages were not conducted until October 7th.
Unrecognized
Virginia Attorney General, Mark Herring, announces he will not defend ban on same-sex marriage as it violates equal protection clause of the 14th Amendment of the US Constitution. Federal judge currently hearing arguments in court. Marriage would not be recognised until July.
Banned
In 1975, the Virginia Code restricted marriage to different-sex couples, effectively banning same-sex marriage in the state.
Censorship of LGBT issues in Virginia is no censorship.
Current status
No censorship
There are no laws restricting or censoring LGBTIQ+ topics in Virginia.
Right to change legal gender in Virginia is legal, but requires medical diagnosis.
Current status
Since Sep 1, 2020
Legal, but requires medical diagnosis
Since September 1, 2020, Transgender individuals will just need “appropriate clinical treatment” to change sex on a birth certificate - under recently passed and signed laws by both the Virginia General Assembly and the Governor of Virginia cutting red tape.
Legal, but requires surgery
Requires a notarized affidavit from a surgeon outlining the surgical procedure(s). A court order may also be used as evidence.
Gender-affirming care in Virginia is legal.
Current status
Legal
Adults and Minors are able to get gender affirming care freely in Virginia, there are no laws restricting it or supporting it. Minors are freely able to get gender affirming care with parental consent.
Legal recognition of non-binary gender in Virginia is recognized.
Current status
Since Mar 31, 2020
Recognized
There is now an option to have “X” written for the gender mark on your license.
LGBT discrimination in Virginia is illegal in some contexts.
Current status
Since Jul 1, 2020
Illegal in some contexts
Virginia Gov. Ralph Northam signed into law sweeping legislation in most counties that not only protects the rights of lgbtq Virginians in employment and accommodations but also expands the ability of plaintiffs to sue in Virginia state court.
Illegal in some contexts
Full discrimination protection in the city of Charlottesville, Alexandria, Arlington county.
Until Apr 15, 2010
No protections
There is no law offering blanket protections on the basis of sexual orientation or gender identity. Both are lacking from the Virginia hate crimes law.
LGBT employment discrimination in Virginia is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination).
Additionally, in 2014, an executive order prohibited discrimination in public jobs based on sexual orientation and gender identity.
Additionally, in 2014, an executive order prohibited discrimination in public jobs based on sexual orientation and gender identity.
LGBT housing discrimination in 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)."
Intersex infant surgery in Virginia is not banned.
Current status
Not banned
In both of Virginia's proposed bans on gender-affirming care, intersex infant surgery is specifically allowed. Additionally, there are no known legislative or policy bans.
Serving openly in military in Virginia is legal.
Current status
Since Mar 18, 2025
Legal under federal United States law
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.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
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
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
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 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.
Equal age of consent in Virginia is equal.
Current status
Since Jun 26, 2003
Equal
Age of consent laws are equitable regardless of gender or orientation.
United States Equality Rank
#148
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