Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    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
    Unknown
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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Public opinion in Virginia appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.

Perception of LGBTQ+ People

Survey results from 5 LGBTQ+ Equaldex users who lived in or visited Virginia.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in Virginia

?

Homosexual activity in Virginia is legal.

Current status
Since Jun 26, 2003
Legal
The US Supreme Court's ruling issued in Lawrence v. Texas (2003) 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. Virginia would ultimately repeal its individual sodomy ban in early 2014.
Sources:
Lawrence v. Texas, 539 U.S. 558 (2003)
washingtonpost.com/local/vi…
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Same-sex marriage in Virginia

?

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.
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Jan 23, 2014–Jul 18, 2014
Ambiguous
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.
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Censorship of LGBT issues in Virginia

?

Censorship of LGBT issues in Virginia is no censorship.

Current status
No censorship
No specific lgbt censorship in virginia as of 2022.
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Right to change legal gender in Virginia

?

Right to change legal gender in Virginia is legal, no restrictions.

Current status
Since Sep 1, 2020
Legal, no restrictions
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.
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Oct 8, 2003–Sep 1, 2020
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

?

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

?

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

?

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.
Sources:
Virginia Gov. Ralph Northam just signed into law sweeping legislation that not only protects the rights of lesbian, gay, bisexual and transgender (LGBT) Virginians in employment, housing and accommodations but also expands the ability of plaintiffs to sue in Virginia state court.
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Apr 15, 2010–Jul 1, 2020
Illegal in some contexts
Full discrimination protection in the city of Charlottesville, Alexandria, Arlington county.
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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.
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LGBT employment discrimination in Virginia

?

LGBT employment discrimination in Virginia is sexual orientation and gender identity.

Current status
Since Jul 18, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.

Full discrimination protection in state employment. As well as full discrimination protection in city of Charlottesville. Sexual orientation discrimination protection Only in the Alexandria. As well sexual orientation in the county of Arlington.
Jan 11, 2014–Jul 1, 2020
No protections
In Virginia public-sector jobs, discrimination on the basis of sexual orientation and gender identity are made illegal by executive order. There are no state protections for private sector employees, and the attorney general has released an opinion stating that localities that have instituted protective policies are outside of their legislative powers.

LGBT housing discrimination in Virginia

?

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)."
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Same-sex adoption in Virginia

?

Same-sex adoption in Virginia is legal.

Current status
Since 2015
Legal
Same-sex couples can legally adopt kids with same rights as opposite-sex couples
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Apr 9, 20122015
Ambiguous
There is no specific exclusion for same-sex couples. It is legal, however, to deny adoption based on religious grounds.
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Intersex infant surgery in Virginia

?

Intersex infant surgery in Virginia is unknown.

Current status
Unknown

Serving openly in military in Virginia

?

Serving openly in military in Virginia is legal.

Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.


A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Apr 11, 2019–Feb 26, 2021
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."
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Sep 20, 2011–Apr 11, 2019
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.
Dec 21, 1993–Sep 20, 2011
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.
Sources:
gpo.gov/fdsys/pkg/PLAW-104p…
catalog.archives.gov/id/122244870 *official document for DADT signed by Former President Clinton*
gao.gov/assets/nsiad-92-98.pdf *study from 1992 to 1998*
history.com/news/dont-ask-d…
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Blood donations by MSMs in Virginia

?

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.
Apr 2, 2020–May 11, 2023
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.
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Dec 21, 2015–Apr 1, 2020
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Sources:
web.archive.org/web/2015010…//www.fda.gov/biologicsbloodvaccines/bloodbloodproducts/questionsaboutblood/ucm108186.htm
vox.com/2015/12/21/10635076…
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1983–Dec 21, 2015
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.
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Conversion therapy in Virginia

?

Conversion therapy in Virginia is banned.

Current status
Since Mar 3, 2020
Banned
Virginia becomes first southern state to ban gay conversion therapy.
Until Mar 3, 2020
Ambiguous
Conversion Therapy is technically legal throughout most of Virginia, some counties have laws against it.

Equal age of consent in Virginia

?

Equal age of consent in Virginia is equal.

Current status
Equal
Age of consent laws are equitable regardless of gender or orientation.
Sources:
State Law:
§ 18.2-371
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