LGBTQ rights in West Virginia depend heavily on where you live and which part of your life is at stake. The state has no law that explicitly protects people from discrimination based on sexual orientation or gender identity, so your protections come from federal law, from a patchwork of roughly 20 municipal fairness ordinances, and from court decisions that apply nationwide. In some areas, like marriage and workplace discrimination at larger employers, your rights are solid. In others, including housing outside certain cities, Medicaid coverage for gender-affirming care, and passport sex markers, the law either leaves you exposed or actively restricts you.
Workplace Discrimination
The West Virginia Human Rights Act bars discrimination in employment and public accommodations based on race, religion, color, national origin, ancestry, sex, age (40 and above), blindness, or disability.1West Virginia Office of Inspector General. Human Rights Commission Sexual orientation and gender identity are not on that list.
Federal law covers much of the gap at work. In Bostock v. Clayton County (2020), the Supreme Court held that firing someone for being gay or transgender violates Title VII of the Civil Rights Act, because that treatment inherently turns on the employee’s sex.2Supreme Court of the United States. Bostock v. Clayton County, Georgia Title VII applies to employers with 15 or more employees. If you work for a smaller employer, Bostock does not reach you and state law does not step in.
To file a complaint, you can go to either the Equal Employment Opportunity Commission or the West Virginia Human Rights Commission. The two agencies share a worksharing agreement, so a filing with one counts as a filing with the other.3U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination The WVHRC deadline is 365 days from the most recent discriminatory act.1West Virginia Office of Inspector General. Human Rights Commission
Where You Live Changes Everything
About 20 West Virginia municipalities have passed local fairness ordinances that prohibit discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. These include Charleston, Huntington, Morgantown, Wheeling, Martinsburg, Lewisburg, Beckley, Charles Town, Fairmont, Shepherdstown, and South Charleston, among others.
If you live or work in one of those cities, local law gives you a route for complaints that state law does not. If you live anywhere else, the state-level gap stays open, and only federal protections apply.
Housing
The federal Fair Housing Act prohibits housing discrimination based on race, color, religion, national origin, sex, familial status, and disability. It does not list sexual orientation or gender identity, and no federal legislation has added them as of 2026. West Virginia’s own housing discrimination protections do not cover those categories either.
Cities with fairness ordinances generally include housing in their protections, so residents of places like Charleston, Huntington, and Morgantown can bring local complaints against landlords, sellers, or lenders. Outside those jurisdictions, LGBTQ residents have limited legal options when facing housing discrimination.
Hate Crimes
West Virginia’s hate crime statute makes it a felony to use or threaten force against someone because of their race, color, religion, ancestry, national origin, political affiliation, or sex. A conviction carries a fine of up to $5,000, up to 10 years in prison, or both.4West Virginia Legislature. West Virginia Code 61-6-21 – Threats and Other Offenses Against the Person Sexual orientation and gender identity are not covered. When anti-LGBTQ violence occurs, state prosecutors typically rely on ordinary assault or battery charges with no bias enhancement.
The federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act does cover both categories. It is a federal crime to cause or attempt to cause bodily injury because of someone’s actual or perceived sexual orientation or gender identity, with penalties up to 10 years in federal prison, or life if the victim dies.5Office of the Law Revision Counsel. 18 USC 249 – Hate Crime Acts Federal prosecutors can bring these charges independently of any state case.
Marriage and Parental Rights
Same-sex marriage has been legal in West Virginia since the Supreme Court’s 2015 decision in Obergefell v. Hodges, which required all states to issue marriage licenses to same-sex couples and recognize marriages performed elsewhere.6Justia. Obergefell v. Hodges County clerks issue licenses without regard to gender. The fee is typically $57, reduced to $37 with a premarital education course of at least four hours.7Monroe County, West Virginia. Marriage License
Marriage brings joint tax filing, inheritance rights, hospital visitation, and spousal benefits. For parenting, though, marriage alone is not enough. A non-biological parent in a same-sex family should still complete a stepparent or second-parent adoption to secure the legal parent-child relationship. That adoption protects your ability to make medical and educational decisions and preserves the family if the biological parent dies or the couple separates. West Virginia courts allow these adoptions when applicants meet the standard fitness and residency criteria.
Healthcare and Gender-Affirming Care
No state law prohibits health insurance discrimination based on sexual orientation or gender identity, and nothing in state law requires private insurers to cover gender-affirming care. The state employee health plan has no clear policy on gender-affirming treatments.
Medicaid coverage is more restricted. In early 2026, the Fourth Circuit Court of Appeals held in Anderson v. Crouch that West Virginia can exclude gender-affirming surgeries from Medicaid. The court found that the exclusion classifies by medical diagnosis rather than by sex or transgender status, and that the state had legitimate reasons including cost and concerns about medical efficacy. That decision followed the Supreme Court’s 2025 ruling in United States v. Skrmetti, which upheld state authority over policy decisions about gender-affirming medical interventions for youth.
For minors, the West Virginia legislature has advanced measures to prohibit physicians from providing gender reassignment surgeries and gender-altering medications to patients under 18, with limited exceptions for certain medical conditions. Under those measures, violations would constitute unprofessional conduct subject to licensing board discipline, and affected individuals could pursue civil damages.
Schools and Youth
West Virginia House Bill 3293 prohibits transgender girls from participating on girls’ sports teams from middle school through college, including intramural and noncompetitive activities. The law applies statewide and replaced the earlier policy set by the West Virginia Secondary School Activities Commission.
There is no statewide ban on conversion therapy for minors. Four cities, Charleston, Huntington, Morgantown, and Wheeling, prohibit the practice within their limits. These local bans generally exempt conversations between a child and a parent or religious leader and focus on licensed practitioners who try to change a minor’s sexual orientation or gender identity.
Legal Name Change
To change your legal name in West Virginia, file a verified petition with the circuit court or family court in your county of residence. You must have lived in the county for at least one year before filing.8West Virginia Legislature. West Virginia Code 48-25-101 – Petition to Circuit Court or Family Court for Change of Name The petition requires you to swear under oath that:
- The change is not sought to avoid creditors or outstanding debts.
- You are not a registered sex offender under any state or federal law.
- You have not been convicted of a felony in any jurisdiction.
- The change is not intended to evade law enforcement or circumvent identity-related laws.
The felony restriction is absolute. If you have any felony conviction, this standard name change process is closed to you.8West Virginia Legislature. West Virginia Code 48-25-101 – Petition to Circuit Court or Family Court for Change of Name
The filing fee is typically $200.9Putnam County Government. Civil and Family Court Fees You must publish notice of the hearing in a local newspaper at least 10 days before the hearing, which carries a separate publication fee.8West Virginia Legislature. West Virginia Code 48-25-101 – Petition to Circuit Court or Family Court for Change of Name If you are seeking the change for personal safety reasons, you can ask for a closed hearing and keep the new name out of the published notice. At the hearing, the judge considers your petition and any public objections and, if approved, signs the court order. Ask for several certified copies, because each agency that holds your records will want its own.
Updating Your Identity Documents
With a certified court order in hand, you can update records across agencies, though the rules differ.
Driver’s License
Take the certified order to the West Virginia Division of Motor Vehicles. A duplicate license with the updated information costs $7.50.10West Virginia Legislature. West Virginia Code 17B-2-11 – Duplicate Permits and Licenses
Birth Certificate
Submit a birth certificate request form and the certified court order to the Vital Registration office in Charleston. The amendment fee is $10, and certified copies of the updated certificate are $12 each.11West Virginia Department of Health and Human Resources. Correct or Amend a Certificate For a gender marker change, you need a court order that specifically grants the gender change. The office does not issue a wholly new certificate; staff strike through the old name and gender and type the new information above. The short-form abstract notes that a change was made without displaying the prior information.
Social Security Card
Give the Social Security Administration a certified copy of the court order to update your record and get a new card. There is no fee for a replacement card.
U.S. Passport
As of 2026, federal policy requires U.S. passports to reflect the sex marker matching your biological sex at birth. The State Department no longer issues passports with an X marker and will not honor requests for a sex marker different from what birth records show.12U.S. Department of State. Sex Markers in Passports Applying with a different marker can trigger delays and requests for more information. The Supreme Court stayed a federal court injunction against this policy in November 2025, and the restriction remains in effect while Orr v. Trump continues. If you plan to travel internationally, factor that in when you time your other document updates.