LGBT rights in West Virginia

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of West Virginia face legal challenges even though same-sex sexual activity is legal in West Virginia. 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 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. 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 is 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, 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 has stalled in committee.