ACLU-WV 2026 Legislative Action Guide

The 2026 West Virginia Legislative Session is underway, and the ACLU of West Virginia is defending civil rights and liberties against a continuing push of harmful policies in Charleston. Last session, lawmakers prioritized attacks over relief for West Virginians. DEI bans, assaults on transgender rights, and the promotion of Christian nationalism in schools took precedent over issues like flood relief, childcare, and the operation of health care facilities for rural West Virginia.

With the Legislature reconvening as federal and state leaders ramp up attacks on immigrants, lawmakers are certainly eager to outflank one another’s bigotry and once again prioritize fear and hate over real solutions for a state that routinely finishes dead last in national rankings for health, education, and economic prosperity.

We enter this session clear-eyed: the supermajority's agenda grows more aggressive, but real change demands persistence, courage, and consistent action. Over the next 60 days, West Virginia lawmakers will make decisions that impact every Mountaineer's daily life. But, they are accountable to you. Use your voice to advocate for policies that protect everyone's civil liberties, dignity, and freedom. Our lives, our future, and our democracy are at stake.

Here are our legislative priorities for 2026 and a toolkit for you to get involved:

Immigrants' Rights

With immigrants under attack like we’ve never seen before in our lifetime, bills concerning immigration are poised to further harm our already vulnerable immigrant communities. Historically, West Virginia has led the nation in ICE arrests per capita despite having one of the lowest concentrations of immigrants in the nation. Opposing bills that make life even harder for immigrants will remain a top-line priority this session as we fight to ensure that all people, regardless of immigration status, are able to access information about their rights.

LGBTQ+ Rights

Lawmakers have ramped up attacks against the trans community in recent years in West Virginia and across the nation. As state leaders in the executive branch pour countless hours and resources into targeting the singular trans student playing sports in West Virginia’s schools, their legislative counterparts are eager to pass legislation to make life even harder in our state. We remain committed to opposing any legislation that makes life harder for the LGBTQ+ community.

Racial Justice

For years, state lawmakers have been aware of reports that Black and brown students are much more likely to face disciplinary action compared to their white counterparts. Rather than investigating the root issues at play or working with teachers to understand this complex issue, lawmakers have tried to ban DEI and ram modifications to curricula that promote white supremacy by erasing the history of “divisive topics” from classroom discussions. Every time the Legislature tries to whitewash our nation’s past, we will be there to oppose it.

Disability Rights

Officials have targeted the state’s robust vaccination laws that keep all children safe in West Virginia — especially those with disabilities. While most legislators voted against weakening these laws last session, Gov. Patrick Morrissey along with a number of delegates have pressured bureaucrats and school boards to not uphold the current law. We oppose the governor’s efforts to rule by decree, as well as any legislation that further puts our state’s most vulnerable students at risk.

Criminal Legal Reform

West Virginia’s jails remain overcrowded and deadly. Our jail system (which was reported to be the deadliest jail system per capita in the nation in 2020) remains overcrowded with people serving time for low-level drug offenses, people who are likely wrongly convicted due to the sheer volume of cases backing up our court dockets, and people who don’t pose a risk to society whatsoever. This year, we will work with other criminal justice organizations to prioritize second-look sentencing, policies that allow judges to review sentences after a person has served a lengthy period of time.

Important Lobby Days at the Capitol

These events, hosted by community partners, offer powerful opportunities to educate lawmakers, build coalitions, and make your voice heard (bring friends, family, and kids!):

• LGBTQ+ Fairness Day – January 19
• Disability Rights Day – January 29
• Black Policy Day – February 24
• Deaf Awareness Day – February 25
• Criminal Legal Reform Advocacy Day – March 2
• Reproductive Justice Day – March 6

Stay engaged: Monitor bills via the Fast Democracy portal on our website, contact your legislators, share accurate information in your community, and support our work through donations and participation. Together, we're building a West Virginia where every Mountaineer can live freely, safely, and with full dignity.

Use our toolkit above to get involved.