Same-sex marriage has been legally recognized in West Virginia since October 9, On July 28, , a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia 's ban on same-sex marriage unconstitutional. On October 6, , the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. Click on each issue for more information and to see where the state fits into the national landscape. County map only shows areas with full protections for sexual orientation i. See table below.
In West Virginia, marriage laws are the only laws that currently apply to the LGBT community. They are prevented form getting married, but unable to legally protect themselves from discrimination. In a historic move, a three-judge panel of the 4th U. The decision was celebrated by pro-LGBT advocates in other states in the circuit, including West Virginia, but even they say it will take time before the decision impacts gay couples in the state. As of now, 20 states and the District of Columbia issue licenses for same sex marriage.
Same-sex marriage in West Virginia is legal. The Supreme Court decision to not consider the appeal made same sex marriage legal in West Virginia. In , West Virginia passed a statute restricting marriage to different-sex couples, effectively banning same-sex marriage. Attempts to codify the ban in the state constitution were defeated. The religious refusal bill allows religious beliefs to be used as an excuse to violate the rights of others. HB could allow anyone to be exempt from following a law or a governmental policy if they believe that law or policy burdens their religious beliefs. That means that any individual religious belief has the potential to determine which state and local laws a person or corporation must follow.
By exploring its history, analysing significant court cases, and taking into account contemporary viewpoints, this article explores the legal status of same-sex marriage in West Virginia. On October 9, , West Virginia legalised same-sex marriage. Several weeks later, a federal judge officially ruled that West Virginia's marriage ban was unconstitutional. History and the Path to Victory: March 11, The West Virginia Legislature passes a state statute restricting marriage to different-sex couples. Governor Cecil Underwood signs the statute into law.