Virginia transgender laws protect residents from discrimination in employment, housing, public accommodations, and health insurance based on gender identity, and they provide state-level processes for changing a legal name, updating a birth certificate, and correcting a driver’s license. Those protections come primarily from the Virginia Human Rights Act as expanded by the Virginia Values Act in 2020, along with insurance rules in Title 38.2 and vital records procedures at the Department of Health. Federal policy has moved in a different direction since early 2025, so some of what you can do at the state level no longer carries through to federal records.
Discrimination Protections Under the Virginia Values Act
Gender identity is a protected class across employment, housing, and public accommodations in Virginia.1Virginia Code Commission. Virginia Code 2.2-3900 – Short Title; Declaration of Policy The reach of the law depends on the setting.
In employment, most discrimination claims (hiring, pay, working conditions) apply to employers with 15 or more employees. Wrongful termination claims reach further: they cover employers with more than five employees.2Virginia Code Commission. Virginia Code Title 2.2 Chapter 39 – Virginia Human Rights Act Even a small business, in other words, cannot fire someone for being transgender.
In housing, landlords, real estate agents, and lenders cannot refuse to rent, sell, or finance based on gender identity, and they cannot impose different terms, such as higher rent or extra conditions, on that basis.1Virginia Code Commission. Virginia Code 2.2-3900 – Short Title; Declaration of Policy
In public accommodations, businesses, restaurants, hotels, and other facilities open to the public cannot refuse service, deny facility access, or segregate customers based on gender identity. That protection covers restrooms and other gendered facilities in public accommodations.3Virginia Code Commission. Virginia Code 2.2-3904 – Nondiscrimination in Places of Public Accommodation
Filing a Complaint
If you have experienced discrimination, file a written complaint with the Office of Civil Rights within the Department of Law, part of the Attorney General’s office. The deadline is 300 days from the discriminatory act, and the complaint should describe the time, place, and circumstances in enough detail for the office to investigate.4Virginia Code Commission. Virginia Code 2.2-3907 – Procedures for a Charge of Unlawful Discrimination; Notice You have to complete this administrative process and receive a notice of your right to bring a civil action before you can sue. Available remedies include back pay, reinstatement, and compensatory damages.
How Federal Law Fits
Virginia’s protections sit alongside federal ones. The U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County established that firing or refusing to hire someone for being transgender violates Title VII of the Civil Rights Act, which applies to employers with 15 or more employees. That ruling remains binding. In January 2026, however, the EEOC voted to rescind its 2024 guidance that had classified intentional misgendering and denial of bathroom access as illegal harassment under Title VII. Termination and refusal to hire remain clearly illegal at the federal level; harassment enforcement by the EEOC is less certain than a year ago. Federal courts can still find that harassment based on gender identity violates Title VII on their own.
Changing Your Legal Name
A legal name change in Virginia starts with a petition under Code of Virginia § 8.01-217, filed in the circuit court for the county or city where you live.5Virginia Code Commission. Virginia Code 8.01-217 – How Name of Person May Be Changed The petition asks for your full birth name, current legal name, residence, date and place of birth, and both parents’ full names. You also disclose any felony convictions, whether you are incarcerated or on probation, and whether you must register as a sex offender.6Supreme Court of Virginia. Virginia Code 8.01-217 – Application for Change of Name (Adult) You sign it under oath, certifying that the change is not for fraud or to infringe on anyone else’s rights. There is no newspaper publication requirement. The adult application is Form CC-1411 on the Virginia Supreme Court’s website.
The statutory filing fee is $20.7Supreme Court of Virginia. Circuit Court Fee Schedule – Appendix C Some courts charge extra for certified copies, so budget slightly more if you need several. A judge reviews the petition and, absent signs of fraud, signs the order. The clerk records the decree and provides certified copies.
Sealing the Record for Safety
Under § 8.01-217(G), if you can show that making the name change public would pose a serious threat to your health or safety or that of your immediate family, the chief judge of the circuit court can waive the oath requirement, seal the record, and direct the clerk not to index the order. When a record is sealed this way, no certified copy goes to the State Registrar of Vital Records or the Central Criminal Records Exchange.5Virginia Code Commission. Virginia Code 8.01-217 – How Name of Person May Be Changed For people whose safety depends on keeping a previous identity private, this provision matters a great deal.
Updating the Gender Marker on Your Virginia Documents
Driver’s License or State ID
The DMV lets you update the gender marker on a Virginia license or ID by applying for a new card and selecting your designation. Options include male, female, and non-binary. No medical certification is required. If you are also changing your name, bring a certified copy of the court order. The related transaction on dmv.virginia.gov is listed under “Change Sex Designation.”
One sequencing note: update your Social Security record before the DMV if a name change is involved, because the DMV verifies your information against Social Security data. A court order that has not yet reached SSA can hold up your DMV transaction.
Birth Certificate
Virginia residents born in the Commonwealth can change the sex designation on a birth certificate through the Virginia Department of Health. The process requires a Changing Sex Designation form (VS42), completed and signed in live ink by a healthcare provider who has treated you and who certifies that you have undergone clinically appropriate treatment for gender transition.8Virginia Department of Health. What Is the Procedure to Update a Virginia Birth Certificate After a Person Has Undergone Gender Transition The statute does not specify what qualifies as clinically appropriate treatment, leaving that to the provider’s judgment.
Include a copy of valid identification with the VS42, and if you are also changing your name, a certified copy of the court order. If the order doesn’t include your birth name, date of birth, and place of birth, add a copy of the original name change petition. For minors, a parent or guardian submits the request.8Virginia Department of Health. What Is the Procedure to Update a Virginia Birth Certificate After a Person Has Undergone Gender Transition
The administrative fee is $10, and each certified copy of the new certificate is $12, so a common total is $22. Processing runs up to six weeks.9Virginia Department of Health. Frequently Asked Questions – Vital Records Virginia issues a new certificate rather than annotating the original, so the updated document becomes your primary legal record.
Federal Records Do Not Automatically Follow
Updating Virginia documents does not update federal ones, and federal rules have shifted in ways that leave gaps.
Social Security
You can change your name on your Social Security card by submitting Form SS-5 by mail or in person with proof of identity and proof of the name change, such as a certified court order. If the court order contains biographical information like your date of birth or parents’ names, it can serve as identity proof on its own.
As of January 2025, the Social Security Administration stopped processing changes to sex markers on Social Security records. Name change applicants are told to select the sex that matches their current SSA record. Your Virginia gender marker and your Social Security gender marker may no longer align.
Passport
The passport rules are unsettled. In early 2025, the State Department began requiring passports to reflect sex assigned at birth and removed the “X” marker. A federal court injunction has since blocked that policy while litigation continues, allowing applicants to self-select. Confirm the current State Department guidance before applying.
Selective Service
Selective Service is based on birth-assigned sex. People assigned male at birth must register between ages 18 and 25, regardless of gender identity or transition. People assigned female at birth are not required to register, regardless of transition. If you were assigned female at birth and need to prove your exemption for federal student aid or other benefits, request a free Status Information Letter from the Selective Service System. If you were assigned male at birth and change your name, you must notify Selective Service within ten days.
Health Insurance and Gender-Affirming Care
Code of Virginia § 38.2-3449.1 prohibits health insurance carriers from discriminating based on gender identity or transgender status. Insurers cannot deny coverage for medically necessary transition-related care, charge higher premiums based on gender identity, or apply different clinical review standards to transition-related procedures than to comparable treatments for other conditions.10Virginia Code Commission. Virginia Code 38.2-3449.1 – Prohibited Discrimination Based on Gender Identity or Status as a Transgender Individual Covered individuals must be treated consistently with their gender identity under their plan.
For adults, Virginia does not restrict access to gender-affirming medical treatments such as hormone therapy or surgery. Adults can access these services through informed consent at medical facilities across the Commonwealth.
For minors, Virginia has not enacted a state-level ban on gender-affirming care, and families can pursue treatment within established clinical guidelines with parental consent. A federal executive order in January 2025 disrupted access anyway. Some Virginia hospitals initially suspended gender-affirming services for patients under 19; a temporary restraining order in February 2025 led at least some facilities to resume care. The situation has continued to evolve, and families should confirm current availability directly with providers.
On the federal side, the Department of Health and Human Services rescinded in February 2025 its 2022 guidance that had interpreted Section 1557 of the Affordable Care Act as prohibiting federally funded entities from restricting gender-affirming care. HHS now recognizes “only two sexes” for federal health discrimination enforcement. Virginia, though, sits in the Fourth Circuit, where Kadel v. Folwell (2024) held that excluding coverage for gender-affirming care from state health plans violates the ACA’s non-discrimination protections. That precedent gives Virginia residents an additional layer of protection independent of federal enforcement posture.
Public School Policies
School policy for transgender students is governed by Code of Virginia § 22.1-23.3, which requires local school boards to adopt policies consistent with model guidelines issued by the Department of Education.11Virginia Code Commission. Virginia Code 22.1-23.3 – Treatment of Transgender Students; Policies What those model policies say has changed. The 2021 version directed schools to respect students’ gender identity regarding names, pronouns, and facility access. In 2023, the Department of Education under Governor Youngkin’s administration finalized revised model policies that direct students to use school facilities matching their biological sex and impose additional requirements, including parental involvement, before schools can use a student’s preferred name or pronouns.
Because the statute ties school board obligations to whichever model policies are in effect, the practical protections available depend on how each district responded. Some school boards adopted the revised policies; others did not. The result is uneven across districts, and families should check their own school board’s current policy.
Financial and Records Follow-Up After a Name Change
A court order does not automatically update your financial life, and the problems from skipping this step usually surface months later.
Start with banks and creditors. Update your name directly with each financial institution, because they report to credit bureaus. If a bank keeps reporting your old name after you have updated with the bureaus, the old name can reappear on your credit report. After updating your accounts, notify TransUnion, Experian, and Equifax so your existing credit history stays linked to your new name. Each bureau has its own process; typically you mail a request with your current address, date of birth, Social Security number, and a copy of the court order. The bureau updates the file without erasing your history.
For taxes, the IRS pulls name data from Social Security. Update your Social Security card first, then confirm your employer has your new name before W-2s go out. If a W-2 or 1099 comes through with the wrong name, ask the employer for a corrected version and include it with your return.12Internal Revenue Service. Name Changes and Social Security Number Matching Issues Filing with a name that does not match your Social Security record is one of the most common causes of delayed refunds, and it is entirely avoidable.