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West Virginia's Equality Profile

Quick Facts About West Virginia

Percent of Adults (18+)
Who are LGBTQ

4% Gallup/Williams 2019

Total LGBTQ
Population (13+)

68,000 Williams 2020

Percent of Workforce
That is LGBTQ

5% Census 2018; Williams 2020

Total LGBTQ
Workers

40,000 Williams 2020

Percent of LGBTQ
Adults (25+) Raising Children

31% Gallup/Williams 2019

West Virginia's LGBTQ Policy Tally

Sexual Orientation
Policy Tally:4/21.5
Gender Identity
Policy Tally:1/23
Overall Tally:5/44.5
View Methodology/More Information
See how West Virginia compares to the rest of the country on the Snapshot page.

West Virginia's LGBTQ Laws and Policies

Click on each issue for more information and to see where the state fits into the national landscape.

Key
  • State has this law Indicates state law or policy
  • State has this law Indicates local laws or policies and/or partial law
  • State does not have this law Indicates no law or policy
  • Enumeration not applicable
Relationship and Parental Recognition Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples:

Marriage for Same-Sex Couples
Medical Decision-Making Authority for Married Same-Sex Couples
Stepparent Adoption for Married Same-Sex Couples
Joint Adoption for Married Same-Sex Couples

1/1
Second-Parent Adoption for Unmarried Couples 0/1
Confirmatory Adoption 0/1
Voluntary Acknowledgement of Parentage (VAP) 0/1
Family Services Nondiscrimination Laws

Adoption Nondiscrimination Protections for LGBTQ Parents
Foster Care Nondiscrimination Protections for LGBTQ Parents

0.5/0.5
0.5/0.5

0.5/0.5
0.5/0.5
Recognition for Parents Using Assisted Reproduction 0/1
State Family Leave Laws

LGBTQ-Inclusive Definitions of Spouse/Partner
LGBTQ-Inclusive Definitions of Children/Parents

0/0.5
0/0.5


Subtotal 2/7 1/1
Relationship and Parental Recognition Total 3/8
State Nondiscrimination Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
As a result of a June 2020 U.S. Supreme Court ruling, people in all states can seek recourse for employment discrimination based on sexual orientation and gender identity through the federal Equal Employment Opportunity Commission and federal courts.
Employment Nondiscrimination Laws* 0/1 0/1
Housing Nondiscrimination Laws* 0/1 0/1
Public Accommodations Nondiscrimination Laws* 0/1 0/1
Credit and Lending Nondiscrimination Laws 0/1 0/1
Nondiscrimination Policies for State Employees 0/0.5 0/0.5
Negative Law: State Bans Cities and Counties from Passing Nondiscrimination Laws No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: State Bans Transgender People From Using Bathrooms or Facilities Consistent With Their Gender Identity In Government-Owned Buildings No Negative Law 0/-1
Negative Law: State Explicitly Defines “Sex” Throughout State Law To Exclude Transgender People No Negative Law 0/-1
Subtotal 0/4.5 0/4.5
Nondiscrimination Total 0/9
*If state lacks statewide law, tally looks at local Nondiscrimination ordinances in employment, housing, and public accommodations and provides partial points based on percent of LGBTQ population covered by local laws.
Religious Exemption Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Negative Law: Broad "RFRA" or Religious Exemption Law NEGATIVE LAW -0.5/-0.5 NEGATIVE LAW -0.5/-0.5
Negative Law: Targeted Religious Exemption for Child Welfare Services No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: Targeted Religious Exemption for Medical Professionals No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: Targeted Wedding Services

Private Wedding Services
State and Local Officials Providing Marriage Licenses
No Negative Law
No Negative Law
0/-0.5
0/-0.5


Subtotal -0.5/-3.5 -0.5/-2.5
Religious Exemption Laws Total -1/-6
Criminal Justice Laws and Policies Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Hate Crime Law Covering LGBTQ People 0/1 0/1
Ban on Panic Defense 0/1 0/1
Jury Service Nondiscrimination 0/1 0/1
Negative Law: HIV Criminalization Law No Negative Law 0/-1 No Negative Law 0/-1
Negative Law: Restrictions on Drag Performances No Negative Law 0/-1 No Negative Law 0/-1
Subtotal 0/3 0/3
Criminal Justice Total 0/6
Ability for Transgender People to Correct
Name and Gender Marker on Identity Documents
Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Changing Gender Marker on Driver's Licenses 0.5/1
Changing Gender Marker on Birth Certificates 1/1
Gender Neutral Options

"X" Option on Driver's Licenses
"X" Option on Birth Certificates



0/0.5
0/0.5
Name Change Process NEGATIVE LAW -1/1
Subtotal 0.5/4
Identity Documents Total 0.5/4
Grand Totals Sexual Orientation
Policy Tally
Gender Identity
Policy Tally
Overall Tally
Totals 4/21.5 1/23 5/44.5
Ratings LOW LOW LOW

Local Nondiscrimination Ordinances

Sexual Orientation

13%

of population
fully protected

0%

of population only
partially
protected

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • Protections
    Banned

County map only shows areas with full protections for sexual orientation (i.e., discrimination prohibited in private employment, housing, and public accommodations)


City and County Numbers:

0 counties out of 55 have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

19 cities have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

0 municipalities, not including those listed above, have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections). See table below.

13% of the state population is protected against discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

An additional 0% of the state population is protected against discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections).

Gender Identity

13%

of population
fully protected

0%

of population only
partially
protected

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • Protections
    Banned

County map only shows areas with full protections for gender identity (i.e., discrimination prohibited in private employment, housing, and public accommodations)


City and County Numbers:

0 counties out of 55 have an ordinance prohibiting discrimination based on gender identity in private employment, housing, and public accommodations (full protections).

19 cities have an ordinance prohibiting discrimination based on gender identity in private employment, housing, and public accommodations (full protections).

0 municipalities, not including those listed above, have an ordinance prohibiting discrimination based on gender identity in private employment, housing, or public accommodations (only partial protections). See table below.

13% of the state population is protected against discrimination based on gender identity in private employment, housing, and public accommodations (full protections).

An additional 0% of the state population is protected against discrimination based on gender identity in private employment, housing, or public accommodations (only partial protections).

City and County Listing:

Fully inclusive
SO/GI protections
Local Sexual Orientation Protections Local Gender Identity Protections
Employment Housing Public Accom. Employment Housing Public Accom.
Athens
Beckley
Bethany
Bolivar
Charles Town
Charleston
Fairmont
Harpers Ferry
Huntington
Keyser
Lewisburg
Martinsburg
Monongah
Morgantown
Shepherdstown
South Charleston
Sutton
Thurmond
Wheeling

- Local ordinance does not provide this protection, but county/state does

- Local ordinance provides this protection

NOTE: Only jurisdictions with ordinances that prohibit discrimination in private employment are listed. Other localities may have executive orders that apply to government employees and these are not listed. The level of enforcement of these ordinances may vary by jurisdiction. This information is constantly changing, and we welcome suggestions for additions or changes. For questions regarding ordinances or any other aspect of the state profile, please contact MAP at info@mapresearch.org.

This data was collected in collaboration with the Equality Federation and Fairness West Virginia and is maintained by MAP.


Local Conversion Therapy Ordinances

Conversion Therapy Bans

8%

of population
protected

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • Protections
    Banned

City and County Numbers:

0 counties out of 55 have an ordinance prohibiting conversion therapy for minors.

4 cities have an ordinance prohibiting conversion therapy for minors.


City and County Listing:

  • Charleston
  • Huntington
  • Morgantown
  • Wheeling

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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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