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HB 5251

Adding “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act and WV Fair Housing Act

2026 Regular Session Introduced by Evan Hansen and 1 co-sponsor

West Virginia bill adds sexual orientation and gender identity to state anti-discrimination protections in housing, employment, and public accommodations.

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Bill Summary · HB 5251

Legislative bill overview

HB 5251 proposes amending West Virginia's Human Rights Act and Fair Housing Act to explicitly include sexual orientation and gender identity as protected categories against discrimination. Currently, these categories are not specifically enumerated in state law, though some protections may exist through other means. The bill would extend anti-discrimination protections to housing, employment, public accommodations, and other covered areas.

Why is this important

This legislation directly affects access to housing, employment, and services for LGBTQ+ individuals in West Virginia. It clarifies legal protections and provides explicit recourse for discrimination complaints. The change would align West Virginia with 24 states that have similar comprehensive protections, while also creating potential compliance requirements for businesses and landlords.

Potential points of contention

  • Religious exemptions: Disputes over whether religious organizations, schools, or individuals should receive exemptions from anti-discrimination requirements based on doctrinal beliefs
  • Business compliance burden: Questions about implementation costs and administrative complexity for employers and property managers, particularly small businesses
  • Federalism and values: Philosophical disagreement about whether such protections should be established at state versus federal level, reflecting broader cultural divisions on LGBTQ+ issues in the state

Compiled from official sources — confirm details with the bill’s official record.

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