West virginia gay marriage

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west virginia gay marriage

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  • Freedom to Marry was the campaign to win marriage for same-sex couples nationwide.

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    West Virginia's Equality Profile

    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).

    20 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).

    Other benefits include hospital visitation rights, the ability to make medical decisions for a spouse, and joint adoption rights for children.

    Married couples can also file taxes jointly, receive Social Security survivor benefits, and access spousal benefits for pensions and healthcare. Consequently, same-sex couples in West Virginia possess the same legal right to marry as opposite-sex couples.

    Path to Marriage Equality in the United States

    The journey toward marriage equality involved key U.S.

    Supreme Court decisions.

    13% of the state population is protected against discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections). District Court Judge Robert Chambers issues a final ruling in McGee v. Hodges (2015), which extended the right to marry to same-sex couples nationwide.

    Rights and Responsibilities of Married Same-Sex Couples in West Virginia

    Married same-sex couples in West Virginia hold the same legal rights and responsibilities as married opposite-sex couples.

    This ruling established that the right to marry is guaranteed to same-sex couples by the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This paved the way for Obergefell v. Governor Cecil Underwood signs the statute into law.

  • 2000-2014: As Americans nationwide engage in conversations about why marriage matters, national and local advocates in West Virginia take strides toward increasing understanding of same-sex couples and their families.

    This recognition is further solidified by the Respect for Marriage Act, Public Law 117-228, enacted in 2022. See table below. Cole, decisively solidifying the freedom to marry once and for all in West Virginia. Hodges, 576 U.S. 644 (2015).

    • Is Gay Marriage Legal in West Virginia?

    Marriage equality affirms the right of individuals to marry the person they choose, regardless of sex.

    Read the ruling. 

  • June 26, 2015: The United States Supreme Court rules in favor of the freedom to marry, ending marriage discrimination across the country.

    • Groups That Actively Worked on Marriage

    • Fairness West Virginia is West Virginia's largest statewide LGBT advocacy organization dedicated to bringing fair treatment to all West Virginians.
    • Lambda Legal is the United States' first legal organization dedicated to achieving full equality for gay and lesbian people.

      The state’s decision was prompted by the United States Supreme Court’s October 6, 2014 decision to deny review of a pro-marriage order from the 4th Circuit Court of Appeals, which set binding precedent in West Virginia. Several weeks later, a federal judge officially ruled that West Virginia's marriage ban was unconstitutional. 

      History and the Path to Victory:

      • March 11, 2000: The West Virginia Legislature passes a state statute restricting marriage to different-sex couples.

        This legal status results from the U.S. Supreme Court decision in Obergefell v. Read the initial complaint – and meet the plaintiffs. 

      • October 6, 2014: The United States Supreme Court denies review of a pro-marriage ruling from the 4th Circuit Court of Appeals. Their work shows signs of progress again and again, as anti-gay efforts to amend the Constitution with an anti-marriage amendment fail several times.
      • September 25, 2013: Polling in West Virginia tracks marked increase in public support for the freedom to marry, reflecting the power of the national discussion of why marriage matters.
      • October 1, 2013: Same-sex couples, Lambda Legal and Fairness West Virginia file McGee v.

        Cole, a federal legal case seeking the freedom to marry in West Virginia. In the event of divorce, same-sex couples are subject to West Virginia’s equitable distribution laws for marital property and debts, and child custody and support guidelines apply equally.

        Recognition of Same-Sex Marriages Across State Lines

        A same-sex marriage validly performed in West Virginia, or any other U.S.

        state or territory, must be recognized as legal in all other U.S. states and territories.