Formation | 2009 |
---|---|
Headquarters | 405 Capitol Street Charleston, WV |
Director | Andrew Schneider |
Website | https://fairnesswv.org |
Fairness West Virginia (Fairness WV) is the statewide lesbian, gay, bisexual and transgender (LGBT) civil rights organization for the U.S. state of West Virginia. Founded in 2009 by Stephen Skinner, [1] the organization is currently headed by Andrew Schneider [2] and is headquartered in downtown Charleston.
Fairness WV has been at the forefront of many LGBT-related news events in West Virginia, such as aiding over a dozen towns and cities to adopt LGBT-inclusive nondiscrimination ordinances, [3] helping transgender people execute legal name changes, [4] lobbying for a statewide Fairness Act to bar sexual orientation and gender identity discrimination in employment, housing and public places, [5] and rallying support for LGBT issues and causes among the state's faith communities. [6]
In 2015, Fairness made national news for its work helping Thurmond (population: 5) pass an LGBT-inclusive nondiscrimination ordinance making it the "smallest town in the nation with a ban on employment, housing and public accommodation discrimination against LGBT individuals." [7] [8] In 2017, the organization made headlines again as a successful party on behalf of a lesbian couple who were harassed as they sought a marriage license in Gilmer County. [9] [10] As part of the settlement, the county agreed to require all officials and employees of the county commission and county clerk's office to participate in a training program provided by Fairness West Virginia. [9] In 2021, Fairness also successfully advocated for Charleston and Morgantown to become the first cities in the state to ban conversion therapy for minors. [11] [12]
Fairness has lobbied the West Virginia Legislature over the last decade on many LGBT related bills with a record of mixed success. In 2021, Fairness unsuccessfully lobbied to prevent the Legislature from passing House Bill 3292, which bans transgender athletes from competing in sports that match their gender identity. [13] Fairness lobbied against the bill alongside other civil rights organizations, including WV FREE, Planned Parenthood South Atlantic, WV NOW, Women's March West Virginia, and the ACLU of West Virginia. [13] Despite the lobbying, the bill passed the WV House overwhelmingly, [14] and was narrowly approved in the WV Senate before being signed into law by Gov. Jim Justice. [15]
Fairness has also struggled to pass the Fairness Act or Employment Non-Discrimination Act, which would add sexual orientation and gender identity to the state's housing and employment non-discrimination statutes. In 2020, Senate Bill 270—creating the Fairness Act — was introduced with bipartisan co-sponsors, including Senate Majority Leader Tom Takubo, R-Kanawha, Senate Majority Whip Ryan Weld, R-Brooke; Senate Minority Leader Stephen Baldwin, D-Greenbrier, and Senate Minority Whip Michael Woelfel, D-Cabell. [16] [17] However, then-Senate President Mitch Carmichael vowed the bill would not pass the Senate. [16] [17] The move was seen as an about-face, given that Carmichael had participated in a panel discussion hosted by Fairness just one month earlier presenting the bill. [16]
A version of the Fairness Act has been introduced in the Legislature every year since at least 1993 and passed the then Democratic-controlled Senate in 2008 before being blocked in the then-Democratic controlled House of Delegates. [16] Despite lobbying efforts, as recently as 2014, West Virginia was the only state where Democrats controlled both houses of the Legislature and the executive branch to fail to pass a law prohibiting employment discrimination on the basis of sexual orientation. [18] The other 28 states had legislatures either partially or completely controlled by Republicans. [18] Republicans took control of both chambers of the WV Legislature in 2015.
Fairness has also unsuccessfully lobbied West Virginia's congressional delegation to support federal legislation to extend protections in housing, employment and public accommodations to LGBT people. [19] West Virginia's lone statewide elected Democrat, Senator Joe Manchin, was the only Democratic U.S. Senator not to sign on to the Equality Act in 2019. [19] [20] Republican Senator Shelley Moore Capito and WV's U.S. House delegation have also not signed on as cosponsors. [19]
In 2015, Fairness successfully lobbied the Legislature to pass a bill making it easier for transgender people to change the gender marker on their driver's license. [21]
Fairness WV has been led by Executive Director Andrew Schneider since 2014. Prior to joining Fairness, Schneider served as the Executive Director of the ACLU of Connecticut and ACLU of West Virginia. [22]
The organization is also led by a Board, including Huntington Fire Chief Jan Rader, who was named to Time's 2018 100 Most Influential People List, former Kanawha County state senator Chris Walters, Chair of Beckley's Human Rights Commission Danielle Stewart, Eastern Panhandle Pride President Joseph Merceruio, and St. Thomas Episcopal Church Rev. Betsy Walker. [22]
The Employment Non-Discrimination Act (ENDA) is legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or, depending on the version of the bill, gender identity, by employers with at least 15 employees.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Utah's anti-sodomy law was invalidated in 2003 by Lawrence v. Texas, and fully repealed by the state legislature in 2019. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBTQ people and the rest of the population, and the rights of transgender youth are restricted.
Equality Maryland (EQMD) was a non-profit organization formerly headquartered in Silver Spring, Maryland, now based in Baltimore. It was at the time, the largest organization in Maryland whose activities focused on advocacy and education with regard to LGBT social and political movements. Its mission included: the passage of laws prohibiting discrimination based on sexual orientation, gender expression, and gender identity; the expansion of Maryland's hate-crimes statute; the increase of domestic partner benefits; the legal recognition of same-sex marriage in Maryland and laws banning the practice of conversion therapy on minors. In 2016, the organization merged with FreeState Legal Project, to form FreeState Justice.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Nevada enjoy the same rights as non-LGBTQ people. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBTQ people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wisconsin enjoy most of the same rights as non-LGBTQ people. However, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.
Lesbian, gay, bisexual, and transgender, and queer (LGBTQ) people in the U.S. state of Oregon have the same legal rights as non-LGBTQ people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBTQ people. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Texas have some protections in state law but may face legal and social challenges not faced by others. Same-sex sexual activity was decriminalized in Texas in 2003 by the Lawrence v. Texas ruling. On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Hodges.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt. Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity. Several cities, including Phoenix and Tucson, have enacted ordinances to protect LGBTQ people from unfair discrimination in employment, housing and public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.
LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.
The Equality Act was a bill in the United States Congress, that, if passed, would amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex, sexual orientation and gender identity in employment, housing, public accommodations, education, federally funded programs, credit, and jury service. The Supreme Court's June 2020 ruling in Bostock v. Clayton County protects gay and transgender people in matters of employment, but not in other respects. The Bostock ruling also covered the Altitude Express and Harris Funeral Homes cases.
Utah Senate Bill 296 is a law passed by the Utah State Legislature and signed into law by Governor Gary Herbert in 2015. SB 296 amended the 1997 Utah Antidiscrimination Act to add sexual orientation and gender identity as protected classes under state law when it comes to housing and employment. The law was described by various news outlets and commentators as the "Utah Compromise".