LGBT rights in West Virginia

LGBT rights in West Virginia
West Virginia (USA)
Same-sex sexual activity legal?	Legal since 1976
Gender identity/expression	—
Recognition of relationships	None
Restrictions:	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.

Laws against same-sex sexual actiivity

West Virginia repealed its sodomy law in March 1976.^[1]

Recognition of same-sex relationships

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.

Discrimination protections

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 senate in March 2009,^[3] though was killed by the House later that month.^[4] In 2010, the bill was re-introduced in both the House of Delegates and Senate but stalled in committee.

Public opinion

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]

See also

	West Virginia portal
	LGBT portal

• Politics of West Virginia
• LGBT rights in the United States
• Rights and responsibilities of marriages in the United States

References

1. ^ William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201, available online, accessed April 10, 2011
2. ^ West Virginia House Blocks Amendment Attempt
3. ^ West Virginia Senate passes gay anti-discrimination bill
4. ^ Marriage 'scare tactic' doomed gay-rights bill
5. ^ Public Policy Polling: "WV against gay marriage, for Tea Party, Steelers, Reds/Bucs," September 15, 2011, accessed September 20, 2011