Does the state recognize marriages of same-sex couples from other jurisdictions?
No. In addition, the state does not recognize legal relationships “treated as a marriage” of same-sex couples from other jurisdictions.
Does the state offer any other type of relationship recognition for same-sex couples?
State statute prohibits marriage between same-sex couples. “A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of the other state, territory, possession, or tribe, or a right or claim arising from such relationship, shall not be given effect by this State.” (W. Va. Code § 48-2-603)
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
Who may adopt?
Any unmarried person, or a married person filing either with spouse's consent or jointly with spouse. See W. Va. Code § 48-22-201.
Some granted in a limited number of jurisdictions. No appellate decisions. Results likely vary by county and by judge. Anyone considering petitioning for a second parent adoption should contact, or have their counsel contact, Lambda Legal.