| LGBT rights in West Virginia | |
|---|---|
West Virginia (USA) |
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| Same-sex sexual activity legal? | Legal since 1976 |
| Gender identity/expression | — |
| Recognition of relationships |
None |
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Restrictions:
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Statute limits marriage to one man/one woman |
| Adoption | Status unclear |
| Discrimination protections | None |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of West Virginia face legal challenges even though homosexual activity is legal in West Virginia. Same-sex couples are not eligible for many of the protections available to heterosexual married couples.
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West Virginia repealed its sodomy law in March 1976.[1]
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, with one Democrat joining. The amendment was heavily supported by Evangelical groups in the state and The Family Council Policy of West Virginia.[2] In 2010, "The Marriage Protection Amendment" was re-introduced in both the House of Delegates and the Senate. Republican efforts to discharge the measure out of the House Constitutional Revision Committee and force a floor vote were defeated (68-30). The amendment was subsequently defeated in the Senate.
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,[3] though was killed by the House later that month.[4] In both 2010 and 2011, the bill was re-introduced in both the House of Delegates and Senate but stalled in committee.
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.[5]
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