Local Leaders Critical of Home Rule Bill That Would Invalidate Non-Discrimination Ordinance
Trending
WHEELING -- The West Virginia Senate passed a bill that would void LGBTQ+ anti-discrimination ordinances in cities like Wheeling, where one such ordinance has been in place for almost a decade.
Some local leaders have expressed that Senate Bill 579, approved by an overwhelming majority of state senators, signifies an overreach of state government and sets a dangerous precedent. Others say they are also concerned that it sends a negative message to LGBTQ+ residents and those seeking to move to the Wheeling area. The bill will next move to a vote in the West Virginia House of Delegates.
SB 579 would prohibit West Virginia municipalities participating in the home rule program from establishing non-discrimination ordinances that include protected classes in addition to what is designated by state statute. State non-discrimination laws do not include protections for LGBTQ+ residents.
There are 20 cities and counties in West Virginia, Wheeling included, that currently have non-discrimination ordinances that include sexual orientation and gender identity. Wheeling's city council passed the municipal protections for housing and employment rights for LGBTQ+ residents in 2016 after a largely supportive consultation period with the public. Wheeling became the 11th city in West Virginia at the time to enact such an ordinance.
Sixth Ward Councilman Dave Palmer was on the city council when it approved the 2016 ordinance. He said he was "very proud" of the ordinance when it passed.
"I think what we've seen is we've had no issues of discrimination. We've had groups that are able to freely work in the city, live in the city," he said. "Would it have changed if we didn't have the ordinance? I'm not sure, but I will say I'm glad we have the ordinance."
Palmer's concern with Senate Bill 579 as it's written is that it peels back an aspect of "home rule," or local governmental control. Just as West Virginia state leaders do not want the federal government handling their decisions, neither do local leaders want state leaders calling the shots within local governance, Palmer said.
"What we passed in Wheeling is not harmful to what goes on in other areas of the state; they can simply choose not to do what we do," Palmer said. "We do this all the time. We choose not to do what Huntington does or Morgantown does and vice versa. I think that taking away any part of home rule is setting a dangerous precedent."
Wheeling-based LGBTQ+ advocacy organization The Friendlier City Project has shared resources on its social media pages for residents in the Upper Ohio Valley area who disagree with the bill to contact their representatives and voice their opinions leading up to the house vote.
Friendlier City Project Chair Mikaya Green said she feels the bill sends a negative message to the LGBTQ+ community in Wheeling and those interested in moving to the city, particularly younger generations.
It was widely reported in 2024 that 'Gen Z,' or the generation of those born between 1997 and 2012, has the highest population of individuals who self-identify as LGBTQ+ yet.
"You want people to come to Wheeling but you're going to try to pass these bills that are so negative towards queer people? They're not going to want to move here, they're not going to want to spend their money here," Green said.
Fifth Ward Councilman Ty Thorngate, who also voted in favor of the local ordinance in 2016, said the protections reinforce Wheeling's reputation as the "Friendly City" and cement it as a place that "values fairness."
"Since its passage, Wheeling has continued to grow as an inclusive and welcoming community," Thorngate said in an email. "We've seen businesses and organizations double down on their commitment to diversity, which can help attract talent and investment to the area. Residents and visitors can feel more secure knowing that local laws protect their rights."
Thorngate echoed concerns that stripping individual cities' decision to have local non-discrimination ordinances is a dangerous step towards an overreach of state power.
"That's not about fairness or protecting rights -- it's about consolidating power in Charleston and eliminating local governance. Which is dangerous because once they take an inch, they'll take a mile," Thorngate said.
Regardless of the results of the House vote, Green emphasized that the Friendlier City Project will be around to support and advocate for LGBTQ+ people in the state.
"The Friendlier City Project is obviously here no matter what, and at the end of the day, the West Virginia Senate and Patrick Morrisey don't support us and they don't represent us," Green said. "Even if we keep taking these hits we're still going to be here fighting for LGBTQ+ rights in West Virginia."