West virginia gay marriage

A spokeswoman for the Department of Administration confirmed Thursday that married, same sex couples in West Virginia are now able to apply for coverage under the state’s Public Employee Insurance Agency.

The change comes after Attorney General Patrick Morrisey decided last week to no longer defend the state’s gay marriage forbid in federal court. Governor Tomblin soon after released a statement directing express agencies to “take appropriate action” to make the exercise legal in West Virginia, including the reprinting of marriage license applications.

Diane Holley-Brown, communications director for the Department of Administration, said same sex spouses were able to enroll in the program immediately after the governor’s announcement was made, but said the enrollment system is not able to track similar sex marriages specifically. 

Outside of an open enrollment period, state employees can only buy coverage in the program when they life what’s referred to by the industry as a “qualifying event.” That includes things like marriage, divorce, or a birth in the family.

Holley-Brown said the governor’s decision to e

Gay Marriage Gets the Green Light in West Virginia

West Virginia will “bring to a close” the pending litigation over its same-sex marriage ban after the Supreme Court effectively allowed gays to wed in the federal circuit that the state belongs to, its attorney general said Thursday.

West Virginia becomes the latest in a flurry of states to allow homosexual marriage. The state's decision came after the nation’s elevated court last week declined to receive up challenges to same-sex marriage bans from five states in three federal circuit courts — all which had ruled in favor of gay nuptials. In doing so, the justices allowed same-sex marriage to proceed in those states, plus the six others that are part of those circuit courts, including West Virginia in the 4th circuit.

“By refusing to consider the appeal, the Supreme Court has caused the Appeals Court's judgment to become terminal and binding on West Virginia,” Attorney General Patrick Morrisey said in a statement. “While we disagree with the Supreme Court’s ruling to allow the Fourth Circuit’s view to stand and believe it improperly displaces state and local decision-making, we will respect it.”

Twenty-six states, plus DC, allow same-s

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 confidential employment, housing, and public accommodations (full protections).

20 cities possess an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, and public accommodations (full protections).

0 municipalities, not including those listed above, possess an ordinance prohibiting discrimination based on sexual orientation in private employment, housing, or public accommodations (only partial protections). See table below.

13% of the state population is protected against discrimination based on sexual orientation in personal employment, housing, and public accommodations (full protection

The Freedom to Marry in West Virginia

Winning Marriage:October 9, 2014

Same-sex couples began marrying in West Virginia on October 9, 2014 after the Attorney General and Governor agreed to stop defending the state’s discriminatory anti-marriage ban. 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 place 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. 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 get strides toward increasing understanding of same-sex couples and their families. Their work shows signs of progress again and again, as anti-gay efforts to amend the Constitution with an anti-marriage amendment fail several t