Under West Virginia law it is unlawful to threaten, injure, intimidate or oppress any individual because of their race, colour, religion, ancestry, national origin, political affiliation or sex.
West Virginia’s Supreme Court agreed that the word “sex” has ambiguous meaning and it is unclear if the law protects individuals based on sexual orientation.
“A review of similar laws from other states demonstrated that ‘there are two distinct categories of potential discrimination: discrimination based on sex and discrimination based on sexual orientation,'” the court decision states. “West Virginia legislature could have included sexual orientation as an area of protection … [as] [n]umerous other states have done.”
But it didn’t. So there.