LGBTQ rights in Virginia | |
|---|---|
 | |
| Legal status | Legal since 2003; codified in 2014 |
| Gender identity | Sex-change recognized for purposes of marriage licenses |
| Discrimination protections | Sexual orientation and gender identity protections all areas since 2020 |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2014 |
| Adoption | Yes |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in theU.S. state ofVirginia enjoy the same rights as non-LGBTQ people. LGBTQ rights in the state are a relatively recent occurrence; with most improvements in LGBT rights occurring in the 2000s and 2010s.Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case ofBostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBTQ persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include bothsexual orientation andgender identity.
Prior to July 1, 2020, Virginia only afforded limited protections for LGBTQ individuals (in state employment only), the state's hate crime laws did not include a provision for sexual orientation or gender identity, and the statute criminalizing sodomy between same-sex and opposite-sex couples, though declared unconstitutional nationally by theSupreme Court of the United States in 2003, was not repealed until 11 years later in 2014.[1]
Virginia's statutes criminalizing sodomy between same-sex and opposite-sex couples, "crimes against nature, morals and decency," were effectively invalidated by the U.S. Supreme Court decision inLawrence v. Texas in 2003.
On March 4, 2020, Governor Ralph Northam signed into law formally repealing § 18.2-344, the ban on fornication between unmarried persons.[2] This ban was previously invalidated in 2005 by theSupreme Court of Virginia inMartin v. Ziherl.
On January 31, 2013, theSenate of Virginia passed a bill repealing § 18.2-345, the lewd and lascivious cohabitation statute enacted in 1877, by a vote of 40 to 0. On February 20, 2013, theVirginia House of Delegates passed the bill by a vote of 62 to 25 votes. On March 20, 2013,GovernorBob McDonnell signed the repeal of the lewd and lascivious cohabitation statute from theCode of Virginia.[3]
On March 12, 2013, a three-judge panel of theCourt of Appeals for the Fourth Circuit struck down § 18.2-361, the crimes against nature statute. On March 26, 2013,Attorney General of VirginiaKen Cuccinelli filed a petition to have the case rehearden banc, but the Court denied the request on April 10, 2013, with none of its 15 judges supporting the request.[4] On June 25, Cuccinelli filed a petition for certiorari asking theU.S. Supreme Court to review the Court of Appeals decision, which was rejected on October 7.[5][6] On February 7, 2014, the Virginia Senate voted 40–0 in favor of revising the crimes against nature statute to remove the criminalization of consensual same-sex sexual relations. On March 6, 2014, the Virginia House of Delegates voted 100–0 in favor of the bill. The bill (as amended by Governor McAuliffe's recommendations) was signed into law by Governor McAuliffe and went into effect immediately.[7][8]
In March 2024, the governor signed into law a bill explicitly "protecting and codifying" same-sex marriage into the Virginia Code. Effective from July 1.[9][10]
Virginia voters ratified aconstitutional amendment defining marriage as the union of a man and a woman in November 2006.[11] Prior to 2020 Virginia statute also contained language banning any recognition of same-sex marriage. The constitutional amendment also prohibited the Commonwealth of Virginia and itspolitical subdivisions, such ascounties andindependent cities, from creating or recognize any legal status for relationships of unmarried individuals, such asdomestic partnership benefits.
In mid-2013, two lawsuits were filed in federal court challenging the state's ban on same-sex marriage. In January 2014, newly elected Attorney GeneralMark Herring filed a brief stating the state's reversal in the lawsuit in Norfolk: "The Attorney General has concluded that Virginia’s laws denying the right to marry to same-sex couples violate the Fourteenth Amendment to the United States Constitution."[12] GovernorTerry McAuliffe, also a recently elected Democrat, backed Herring's refusal to defend the ban.[13]
A federal court decision inBostic v. Rainey on February 13, 2014, found Virginia's ban on same-sex marriage unconstitutional, but stayed enforcement of that decision pending appeal.[14] On July 28, 2014, the Fourth Circuit ruled 2–1 in favor of upholding the lower court's decision to strike down Virginia's ban on same-sex marriage.[15] Scheduled on August 21, 2014, gay marriage was to be legal in Virginia, but was later put on hold by the Supreme Court on August 20, 2014, to review the option.[16][17] Same-sex marriage in the U.S. Commonwealth of Virginia has been legal since October 6, 2014, following a decision by the Supreme Court of the United States to refuse to hear an appeal of the Fourth Circuit Court of Appeals in the case Bostic v. Schaefer. Marriages of same-sex couples subsequently began at 1 p.m on October 6 after the Circuit Court issued its mandate; the first same-sex couple to marry in the Commonwealth was Lindsey Oliver and Nicole Pries in Richmond, Virginia.[18][19] Since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state marriages of same-sex couples.
On March 3, 2020, GovernorRalph Northam signed into law a bill formally repealing the defunct statutory ban on same-sex marriage and civil unions.[20]
In February 2022, aVirginia House of Delegates subcommittee blocked a bill and resolution to remove the defunct gay marriage ban within theVirginia Constitution.[21]
In December 2009, GovernorTim Kaine started a process designed to extend employee health benefits to the same-sex partners of the state's employees.[22] AfterBob McDonnell became governor in January 2010, he asked Attorney GeneralKen Cuccinelli for a legal opinion on such an extension of benefits, and Cuccinelli issued a legal opinion that the anticipated change to the Commonwealth's health plan required authorizing legislation. His ruling ended the administrative process Kaine had initiated.[23]
Arlington County announced plans in May 1997 to modify its employee health plan so that same-sex partners could gain coverage, and on March 12, 1998, three local taxpayers asked the Arlington County Circuit Court to stop the county from doing so. The Circuit Court agreed[24] and on appeal theSupreme Court of Virginia ruled inArlington County v. White on April 21, 2000, that local governments are subject to state statutes and prohibited from expanding employee health insurance benefits beyond spouses or financial dependents.[25][26]
An employee of the City of Alexandria can apply for Domestic Partnership benefits within the legal penumbra of the City of Alexandria provided the two parties have lived together for six (6) months or more and can prove cohabitation using shared bills, or a shared lease, among other forms of proof. It is implied that same-sex couples can apply for this benefit.[27]
On February 5, 2007, the Virginia House of Delegates voted 97–0 in favor of a bill that would extend hospital visitation rights to same-sex couples through a designated visitor statute. On February 20, 2007, the Virginia State Senate voted 40–0 in favor of the bill. On March 26, 2007, GovernorTim Kaine signed the bill into law, which went into effect on July 1, 2007.[28]
Virginia allows single persons and opposite-sex married couples to adopt children. The state has no explicit prohibition on adoption by same-sex couples or second-parent adoptions.[29]
On April 20, 2011, the State Board of Social Services voted 7–2 against rules that would have prohibited discrimination in adoptions "on the basis of gender, age, religion, political beliefs, sexual orientation, disability, family status, race, color or national origin." Members cited the advice of Virginia Attorney GeneralKen Cuccinelli that the rules under consideration violated state law.[30]
On February 3, 2012, theVirginia House of Delegates voted 71–28 in favor of a bill, HB 189, that authorizes adoption agencies to refuse adoptions for religious reasons. On February 9, an identical bill, SB349, passed theVirginia State Senate on a 22–18 vote. On February 21, the Senate voted 22–18 in favor of HB 189. On February 22, the House of Delegates voted 71–28 in favor of SB 349. On April 9, GovernorBob McDonnell signed both bills into law, and they took effect on July 1, 2012.[31][32]
In February 2019, theVirginia General Assembly (by House vote 63-36 and Senate vote 28–12) passed a bill to explicitly and legally includesurrogacy contracts for same-sex couples. The bill was signed into law in March 2019 by theGovernor of VirginiaRalph Northam. The law went into effect on July 1, 2019.[33]
In February 2021, Virginia lawmakers passed a bill to ban taxpayer dollars from going directly to religious organizations that discriminate against LGBT individuals within adoption placements.[34]
Effective on July 1, 2020, Virginia law prohibits discrimination based on gender identity or sexual orientation in all areas, including employment.[35]Arlington County and the independent city ofAlexandria prohibit discrimination in employment for sexual orientation only.[36]
On January 11, 2014, GovernorTerry McAuliffe's first executive order prohibited employment discrimination inpublic sector employment.[37] This restored the protections first provided in 2005 by GovernorMark Warner and continued under GovernorTim Kaine, which GovernorBob McDonnell had failed to include in his 2010 executive order protecting state workers from certain types of discrimination.[38]
TheVirginia Senate has passed legislation to prohibit the state government from discriminating against its employees based on sexual orientation in 2010, 2011, and 2013,[39] but theVirginia House of Delegates did not vote on any of those measures.
On February 6, 2020, theVirginia General Assembly passed the "Virginia Values Act," which would provide nondiscrimination protections for LGBTQ people in employment, housing, credit, and public accommodations. The bill was signed into law by GovernorRalph Northam on April 11, 2020.[40] The law took effect on July 1, 2020, the first of its kind in theSouthern United States.[41][42]
On March 4, 2020, Governor Ralph Northam signed into law a bill that would allow localities to enact their own non-discrimination protections against sexual orientation and gender identity.[43]
In May 2024,Glenn Youngkinvetoed a bill on defining bullying that would have included and encompassed both sexual orientation and gender identity.[44]
In September 2020, severallawsuits were filed withinVirginia courts by religious groups and a wedding photographer due to new anti-discrimination laws enacted and in effect since July 1, 2020 that allegedly "violates religious freedoms and expression of individuals".[45][46][47] In March 2021, a federal judge dismissed immediately the legal challenge to Virginia's anti-discrimination laws.[48]
In September 2021, theVirginia Supreme Court upheld a lower court ruling that reinstated a teacher who had been suspended for speaking out against transgender children and not using their pronouns, based on his Christian beliefs.[49][50]
In 1934, theBoard of theVirginia Alcoholic Beverage Control Authority (ABC) enacted regulations regarding the sale of alcoholic beverages in the state of Virginia. There were several regulations regarding homosexual patrons.Gay bars and bars employing and serving gays and lesbians were banned and subject to fines and or prosecution. In 1991, a federal judge declared the ABC's ban on gay bars unconstitutional in the caseFrench Quarter Cafe v. Virginia Alcoholic Beverage Control Board.[51]
Virginia'shate crime laws address violence based on race, religious conviction, color, national origin, disability, gender, sexual orientation and gender identity.[52]
On March 4, 2020, GovernorRalph Northam signed into law a bill that would add sexual orientation and gender identity to the state's hate crime laws. This law took effect on July 1, 2020.[53]
The bill (HB 2132) to repeal thegay panic defense passed theVirginia General Assembly in March 2021. It was signed into law by theGovernor of VirginiaRalph Northam and went into effect on July 1.[54][55][56]
Individuals within Virginia since 1979 neededsexual reassignment surgery, to change sex on abirth certificate.[57] However effective since September 1, 2020, individuals will just need “appropriate clinical treatment” to change sex on abirth certificate under recently passed and signed laws by both theVirginia General Assembly and theGovernor of Virginia cuttingred tape.[58]
Effective July 1, 2020, Virginia began offering an "X" gender marker on state driver's licenses.[59][60]
In 2014, a transgender high school student in Gloucester County was not allowed to use the boys' bathroom, but a court ruled that the school board acted unlawfully in preventing him from using the bathroom, and the U.S. Supreme Court in 2021let that lower court's ruling stand.[61]
In July 2023, the Virginia Department of Education passed explicit policies that includes banning bathroom access and pronoun usage for transgender individuals within all schools and classrooms.[62] The policy is intended to be reversed by Virginia governor-electAbigail Spanberger in 2025.[63]
In February 2025, following Trump’s executive order, theVirginia High School League bannedtransgender athletes from girls’ sports.[64]
In early 2023, Glenn Youngkin's office removed two LGBTQ youth initiatives, Queer Kid Stuff and Q Chat Space, from a Department of Health webpage after theDaily Wire contacted the state regarding them.[65]
Virginia prohibits health care providers fromtrying to change the sexual orientation and/or gender identity of minors.[66]
In March 2021, theVirginia General Assembly passed a bill (SB1138) to decriminalize and modernize HIV laws. The bill (SB1138) was signed into law by theGovernor of VirginiaRalph Northam on March 31, 2021.[67] This would make Virginia the first southern US state to legally do this.[68][69][70]
In March 2025, theGovernor of Virginia vetoed a simple bipartisan bill that would have legally required health insurance companies to cover PREP to prevent simple HIV transmission. This undoubtedly “indirectly affects” within the LGBTQ community. This also directly encourages HIV spreading through the general USA community.[71][72]
In March 2021, a bill was signed into law by the Virginia GovernorRalph Northam that will establish a 21-member LGBTIQ+ advisory panel from July 1.[73][74]
In August 2022, it was recently discovered that Virginia "accidentally implemented" a Don't Say Gay law (similar toFlorida) – only because of an archaic legal explicit backdated reference, that defines homosexuality as inherently sexual conduct (listed within the Code of Virginia). Schools are legally prohibited from accessing explicit sexual conduct materials within the classroom as a criminal offence since July 1, 2022 within Virginia, under a bill signed into law by theGovernor of Virginia.[75][76]
TheDemocratic Party of Virginia platform follows the platform of theDemocratic National Committee.[77]
The Virginia Republican Party follows the Virginia Republican Creed, which does not explicitly address LGBT rights. The creed simply states, "That all individuals are entitled to equal rights, justice, and opportunities and should assume their responsibilities as citizens in a free society."[78]
| Same-sex sexual activity legal |  (Since 2003; codified in 2014) |
| Equal age of consent | (Since 2003; codified in 2014) |
| Anti-discrimination laws in all areas that explicitly cover bothsexual orientation andgender identity | (Since 2020) |
| Same-sex marriages and other relationship recognition | (Since 2015 – nationwide; codified by legislation in 2024)[79][80] |
| Gay or trans panic defence abolished | (Since 2021)[55][81] |
| Joint and stepchild adoption by same-sex couples | / (However “religious exemptions” apply) |
| Lesbian, gay and bisexual people allowed to serve openly within the military | (Since 2011 – nationwide) |
| Transgender and intersex individuals allowed to serve openly within the military | (Since 2025, under anexecutive order)[82] |
| Right to change legal gender withoutsexual reassignment surgery | (Since 2020)[58] |
| Access to IVF for lesbians | |
| Hate crime laws that explicitly cover bothsexual orientation andgender identity | (Since 2020) |
| Conversion therapy banned on minors | (Since 2020) |
| Third gender option | (Since 2020)[59][60] |
| Commercial surrogacy for gay male couples | (Since 2019)[33] |
| MSMs allowed to donate blood | |
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