In the US, same-sex marriage has been a crucial topic that reflects the country’s changing views on LGBTQ+ rights. West Virginia has contributed to this journey with its own political and cultural environment. 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.
West Virginia’s legalisation of same-sex marriage
On October 9, 2014, West Virginia legalised same-sex marriage. This came about as a result of numerous court rulings and challenges that altered the state’s marriage regulations.
Background: Public Opinion and Legislative Efforts
Marriage in West Virginia was strictly defined as a relationship between “a man and a woman” prior to legalisation. The West Virginia House of Delegates rejected a 2009 amendment to the state constitution that would have clearly prohibited same-sex marriage by a vote of 67 to 30.
Similar modifications failed in later years, despite the support of evangelical organisations and groups such as the Family Policy Council of West Virginia. A bill to legalise civil unions was filed by Delegate John Doyle in 2011, however it was never pursued.
McGee v. Cole: The Crucial Case
The McGee v. Cole case was a major turning point. On behalf of three same-sex couples and one of their children, Lambda Legal filed a complaint in the U.S. District Court for the Southern District of West Virginia on October 1, 2013, contesting the state’s denial of marriage licenses to same-sex couples. Attorney General Patrick Morrisey of West Virginia stepped in to defend the state’s statutes, and among the defendants were two county clerks.
Proceedings were halted in June 2014 while the Fourth Circuit Court of Appeals considered the case of Bostic v. Schaefer, which contested Virginia’s law against same-sex marriage. West Virginia was impacted by the precedent created by the Fourth Circuit’s July 2014 decision in favour of marital equality.
State Reaction and Execution
Attorney General Patrick Morrisey declared on October 9 that his agency would no longer defend the state’s prohibition on same-sex marriage after the U.S. Supreme Court denied review of the Fourth Circuit’s judgement on October 6, 2014.
Same-sex couples were granted marriage licenses right away after Governor Earl Ray Tomblin ordered state offices to follow rulings from federal courts. Notably, plaintiffs Sarah Adkins and Casie McGee were two of the first people in Huntington to get married on that day.
Confirmation by the Federal Court
The state’s need to recognise and perform same-sex marriages was reinforced on November 7, 2014, when U.S. District Judge Robert C. Chambers formally declared that West Virginia’s ban on same-sex marriage was unconstitutional. The plaintiff couples were awarded $92,000 in legal expenses from the state in July 2015.
Public Views and Ongoing Discussions
In West Virginia, public sentiment has changed. West Virginia is one of the few states where the majority of respondents to a 2016 study conducted by the Public Religion Research Institute (PRRI) were against same-sex marriage. But by 2020, according to PRRI data, 67% of West Virginians were in favour of same-sex marriage, indicating a dramatic change in public opinion.
Current Events and the National Background
Same-sex marriage is still a divisive topic in the country. Reports surfaced in March 2025 that Republican politicians in a number of states were attempting to undermine federally protected rights by launching laws that targeted same-sex marriage.
Republicans in Idaho, for example, debated a resolution calling on the U.S. Supreme Court to overturn its 2015 ruling in Obergefell v. Hodges, which legalised same-sex marriage across the country.
States like California, Colorado, and Hawaii, on the other hand, have taken action to strengthen laws protecting same-sex marriage. Measures to codify marriage equality in state constitutions were approved by voters in these states in the 2024 elections.
In conclusion
After significant legal obstacles and changes in popular sentiment, same-sex marriage became legal in West Virginia in October 2014. Even if the state has accepted marriage equality, national discussions on LGBTQ+ rights still have an impact on the larger picture. The status of same-sex marriage in West Virginia and throughout the United States continues to be a crucial topic as political and legal landscapes change, reflecting continuous debates about civil rights and cultural norms.
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
