LGBT rights in West Virginia
Encyclopedia
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
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...

. Same-sex couples are not eligible for many of the protections available to heterosexual married couples.

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
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

 in the state was overwhelmingly voted down (67-30) by the House of Delegates
West Virginia House of Delegates
The West Virginia House of Delegates is the lower house of the West Virginia Legislature. Only three states—Maryland, Virginia, and West Virginia—refer to their lower house as the House of Delegates.-Historical:-Current:-District organization:...

. All 29 House Republicans voted to move the measure out of committee, with one Democrat joining. The amendment was heavily supported by Evangelical
Evangelicalism
Evangelicalism is a Protestant Christian movement which began in Great Britain in the 1730s and gained popularity in the United States during the series of Great Awakenings of the 18th and 19th century.Its key commitments are:...

 groups in the state and The Family Council Policy of West Virginia. 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
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

 or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...

. A bill that would prohibit discrimination based on one's sexual orientation was passed by the senate in March 2009, though was killed by the House later that month. 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
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...

 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.

See also

  • Politics of West Virginia
    Politics of West Virginia
    From the time of the Great Depression through the 1990s, the politics of West Virginia were largely dominated by the Democratic party. In the 2000 presidential election, George W. Bush won a surprise victory over Al Gore, with 52% of the vote, and he won West Virginia again in 2004 with 56% of the...

  • LGBT rights in the United States
  • Rights and responsibilities of marriages in the United States
    Rights and responsibilities of marriages in the United States
    According to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...

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