Court Rules LGBTQ People Not Covered by West Virginia Hate Crime Law

by Mary Emily O'Hara

If two men are violently attacked for kissing each other in public, is that a form of sex discrimination?

Prosecutors in a prominent West Virginia case argued that it is, because if one of those men were female, the alleged homophobic assault would not have occurred. But on Wednesday, the state's Supreme Court decided gay people are not protected by West Virginia hate crime law — ruling that sexual orientation is not a form of sex discrimination.

West Virginia law makes it a felony to injure or intimidate someone because of their race, color, religion, ancestry, national origin, political affiliation or sex. Sexual orientation and gender identity are not listed as protected classes. 

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Source: NBC News