Facing Uphill Legislative Battle, LGBTQ Advocates Call Local Organizing Crucial

For more than two decades, LGBTQ advocacy groups in West Virginia have called for the passage of laws that protect residents from discrimination on the basis of their sexual orientation or gender identity.

Chief among them is the nonprofit Fairness West Virginia. Communications Director Jack Jarvis said time and time again the West Virginia Legislature has fallen short of passing policies to protect LGBTQ residents from bias in areas like housing, employment and social services.

As the state considers bills that would restrict things like gender-affirming health care and drag performances, Jarvis said the passage of a statewide anti-discrimination law, dubbed the “Fairness Act,” would offer LGBTQ residents a bright spot. This year, however, he said it remains unlikely.

“There are so many attacks,” he said. “We’re still early on in the session, but I expect it to not be great this year.”

Tens of LGBTQ organizations came to the State Capitol Monday for “Fairness For All Day,” an annual event for discussing LGBTQ advocacy work and legislative priorities. While LGBTQ advocates said the fight for inclusion continues on a legislative level, they are doubling down on local support to fill in gaps in community support.

The Fairness Act today

Twenty cities and towns across West Virginia have already passed local versions of the Fairness Act into municipal code. The Hardy County town of Wardensville adopted a Fairness Act in November, and the Brooke County town of Bethany implemented one last April.

Jarvis said successes like these from both West Virginia’s “small rural towns” and “biggest cities” are promising, and one reason that advocates continue to push for a statewide anti-discrimination law.

“The Fairness Act would add protections to our existing state law to say you can’t fire someone, you can’t evict someone from their home, you can’t deny them service just because of who they are or who they love,” Jarvis said. “If we’re all able to come together to say this is a good idea, we should treat people with fairness and dignity, then all of West Virginia is ready for that.”

Huntington passed a local version of the Fairness Act more than a decade ago, and Councilwoman-at-Large Ally Layman said the city has already seen payoff.

“We’ve had people move into Huntington. We’ve had doctors move into Huntington from Houston to build a family and start their business,” she said. “So it grows our economy, and it just boosts showing that we are a city that’s open to all. I would love to see that on a state level.”

Layman said it is just one step toward LGBTQ inclusion in the state.

“For our LGBTQIA folks — especially folks in the trans community, as an ally here — we will do whatever we can to fight,” she said. “Pride is a protest, and we’re not going to stop, and we’re not going to be silent.”

During this year’s legislative session, the West Virginia Legislature has not yet taken action on any bills like the Fairness Act that would protect LGBTQ residents from discrimination.

Jarvis said LGBTQ West Virginians are facing “attacks” both on the federal and state level, but that the end goal of a “brighter future for all West Virginians” remains possible.

“The great thing about our community is we are persistent. So the work that we’re doing now is work that started decades ago,” he said. “This is a long fight, and we are in this for the long haul, because nothing short of full fairness and equality is worth fighting for.”

And some LGBTQ groups say where state support comes short, the fight for inclusion continues on the local level.

Filling in the gaps

Travis Baldwin is president of the Straight and Gay Alliance, a group based at St. John’s Episcopal Church in Charleston, that focuses on fostering community and dialogue among people of all different identities.

Baldwin said his group has been participating in Fairness For All Day for years. But lately, he feels as though his state government is going “backwards instead of forwards.”

“Some of the legislative bills… they do restrict people’s rights,” he said. “I think we’ve forgotten the memo that Mountaineers are always free, and free means to be able to live and love and exist without harassment and without restrictions on their freedoms.”

Baldwin says fostering community among local members of the LGBTQ community can provide identity-based support residents might not receive on the state level. Meanwhile, he hopes his presence at the Capitol can embody the support for LGBTQ rights that exists in West Virginia.

“I think it’s so important to show up and let our legislators know that we are here,” he said. “Every year, it seems we have several bills that are targeting people who are marginalized in the community and trying to restrict or even destroy some of the rights that have been achieved in the past.”

Sam Green (they/them) is the founder and organizer of the West Virginia Trans Coalition, a grassroots group that aims to uplift transgender and non-binary West Virginians.

Green said legislative work is just one approach to the Trans Coalition’s mission. In a state where it can be hard to pass trans-inclusive policies on the state level, Green says uplifting trans voices can also mean simply offering spaces for community-building and mutual support.

The Trans Coalition “promotes the well-being of the community,” they said. “Sometime’s that’s legislative advocacy, community events, [or] trainings.”

Green said it is a difficult time for trans West Virginians, and that bills targeting trans youth in particular could exacerbate existing disparities in mental health outcomes.

While representing the trans community felt difficult in the current political climate, they said it also felt urgent.

“I think it’s really important for us to be here and to show up. It’s definitely a little bit heavy knowing how much the people here want to hurt us,” Green said. “I think the most important thing that we can do is continue to show up as often as possible and show them that they can’t get rid of us, even though they’re trying to.”