Same-sex marriage has been a pivotal issue in the United States, reflecting the nation’s evolving stance on LGBTQ+ rights. West Virginia, with its unique political and cultural landscape, has played its part in this journey. This article delves into the legal status of same-sex marriage in West Virginia, tracing its history, examining landmark legal battles, and considering current perspectives.
Legalization of Same-Sex Marriage in West Virginia
Same-sex marriage became legal in West Virginia on October 9, 2014. This development followed a series of legal challenges and decisions that reshaped the state’s marriage laws.
Background: Legislative Attempts and Public Sentiment
Prior to legalization, West Virginia’s marriage laws defined marriage strictly as a union between “a man and a woman.” In 2009, efforts to amend the state constitution to explicitly ban same-sex marriage were thwarted when the West Virginia House of Delegates voted down the proposal 67–30.
Despite support from evangelical groups and organizations like the Family Policy Council of West Virginia, similar amendments failed in subsequent years. In 2011, Delegate John Doyle introduced a bill to legalize civil unions, but it did not advance.
The Pivotal Lawsuit: McGee v. Cole
A significant turning point came with the case of McGee v. Cole. On October 1, 2013, Lambda Legal filed a lawsuit in the U.S. District Court for the Southern District of West Virginia on behalf of three same-sex couples and one of their children, challenging the state’s refusal to issue marriage licenses to same-sex couples. The defendants included two county clerks, and West Virginia Attorney General Patrick Morrisey intervened to defend the state’s statutes.
In June 2014, proceedings were stayed pending the outcome of Bostic v. Schaefer, a case in the Fourth Circuit Court of Appeals challenging Virginia’s same-sex marriage ban. The Fourth Circuit’s ruling in favor of marriage equality in July 2014 set a precedent impacting West Virginia.
State Response and Implementation
Following the U.S. Supreme Court’s decision on October 6, 2014, to deny review of the Fourth Circuit’s ruling, Attorney General Patrick Morrisey announced on October 9 that his office would no longer defend the state’s same-sex marriage ban.
Governor Earl Ray Tomblin directed state agencies to comply with federal court decisions, leading to the immediate issuance of marriage licenses to same-sex couples. Notably, plaintiffs Casie McGee and Sarah Adkins were among the first to marry in Huntington that day.
Federal Court Confirmation
On November 7, 2014, U.S. District Judge Robert C. Chambers officially ruled that West Virginia’s ban on same-sex marriage was unconstitutional, reinforcing the state’s obligation to recognize and perform same-sex marriages. In July 2015, the state was ordered to pay $92,000 in attorneys’ fees to the plaintiff couples.
Public Opinion and Ongoing Debates
Public opinion in West Virginia has evolved. A 2016 survey by the Public Religion Research Institute (PRRI) indicated that West Virginia was among the few states where a majority opposed same-sex marriage. However, by 2020, PRRI data showed that 67% of West Virginians supported same-sex marriage, reflecting a significant shift in public sentiment.
Recent Developments and National Context
Nationally, same-sex marriage remains a contentious issue. In March 2025, reports highlighted that Republican lawmakers in several states were introducing bills targeting same-sex marriage, aiming to challenge federally protected rights.
For instance, Idaho Republicans considered a resolution urging the U.S. Supreme Court to reverse its 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide.
In contrast, states like California, Colorado, and Hawaii have taken steps to bolster same-sex marriage protections. In the 2024 elections, voters in these states approved measures to enshrine marriage equality in their state constitutions.
Conclusion
Same-sex marriage has been legal in West Virginia since October 2014, following pivotal legal challenges and shifts in public opinion. While the state has embraced marriage equality, national debates continue to influence the broader landscape of LGBTQ+ rights. As legal and political dynamics evolve, the status of same-sex marriage in West Virginia and across the United States remains a critical issue, reflecting ongoing discussions about civil rights and societal values.
External Resources
- West Virginia Department of Health and Human Resources: Marriage License Information
- Lambda Legal: McGee v. Cole Case Details
- Public Religion Research Institute: American Values Atlas
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