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West Virginia repealed its sodomy law in March 1976. There are only four recorded sodomy court cases in West Virginia, three of which were overturned by the Supreme Court. The law did not distinguish between consensual and non-consensual sodomy, or whether the act had occurred in private or public.
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In 1930, the state underwent a comprehensive criminal code revision, which resulted in the elimination of the term "buggery" and the insertion of "crimes against nature", which were defined as homosexual or heterosexual sodomy (anal sex and oral sex), with penalties varying between one to ten years' imprisonment. A bill to extend the law's application to include oral sex, whether heterosexual or homosexual, passed the House of Delegates in 1917, but failed in the Senate.
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Fellatio (oral sex) was not covered by the statute. Upon statehood in 1863, West Virginia inherited Virginia's " buggery" law, which provided for one to five years' imprisonment for anal intercourse.
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See table below.ġ2% of the state population is protected against discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).Īn additional 0% of the state population is protected against discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections).Ĭounty map only shows areas with full protections for gender identity (i.e., discrimination prohibited in private employment, housing, and public accommodations)Ġ counties out of 55 have an ordinance prohibiting discrimination based on gender identity in private employment, housing, and public accommodations (full protections).ġ6 cities have an ordinance prohibiting discrimination based on gender identity in private employment, housing, and public accommodations (full protections).Ġ municipalities, not including those listed above, have an ordinance prohibiting discrimination based on gender identity in private employment, housing, or public accommodations (only partial protections). Protections for LGBTQ Youth in the Child Welfare SystemĬounty map only shows areas with full protections for sexual orientation (i.e., discrimination prohibited in private employment, housing, and public accommodations)Ġ counties out of 55 have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).ġ6 cities have an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).Ġ 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).
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Negative Law: State Law Prevents Transgender Students from Participating in Sports Consistent With Their Gender IdentityĬonversion Therapy Ban Covering LGBTQ Youth Negative Law: Laws Banning Local Schools and Districts from Passing LGBTQ Nondiscrimination and/or Anti-Bullying Policies Negative Law: State Law Requires Parental Notification of LGBTQ-Inclusive Curricula and Allows Parents to Opt Children Out Negative Law: "Don't Say Gay" Law Barring or Explicitly Restricting Educators From Discussing LGBTQ People or Issues in Schools State Curricular Standards Required to Be LGBTQ-Inclusive Nondiscrimination Laws and Policies Covering LGBTQ StudentsĪnti-Bullying Laws and Policies Covering LGBTQ Students