Same-sex marriage refers to lawful marriage between spouses of the same sex. Same-sex marriage is legal and recognized in every U.S. state and the District of Columbia (Washington, D.C.).
As long as a same-sex couple is married in a jurisdiction with legal authority to authorize the marriage, a health insurance company that offers health coverage to opposite-sex spouses must do the same for same-sex spouses.
The federal Health Insurance Marketplace® also treats married same-sex couples the same as married opposite-sex couples in every state when they apply for premium tax credits and lower out-of-pocket costs on private insurance plans.
In West Virginia, as in all other U.S. states, same-sex marriage is legal and recognized following the Supreme Court's decision in Obergefell v. Hodges in 2015. This landmark ruling established that same-sex couples have a constitutional right to marry, invalidating all state bans on same-sex marriage. Consequently, health insurance companies in West Virginia that provide coverage to opposite-sex spouses are required to offer the same coverage to same-sex spouses. This includes eligibility for premium tax credits and lower out-of-pocket costs on private insurance plans through the federal Health Insurance Marketplace®. Same-sex couples married in any jurisdiction that legally recognizes their marriage are entitled to these benefits.