User:Mimich/Sandbox 1

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     Same sex marriage permitted       Laws permitting civil unions or domestic partnerships       Same sex marriage, civil unions, and domestic partnerships prohibited
     Same sex marriage permitted
     Laws permitting civil unions or domestic partnerships
     Same sex marriage, civil unions, and domestic partnerships prohibited
     Same sex marriage permitted   M?  Same sex marriage allowed soon ?   U  Civil Union when same sex marriage not allowed   P  Domestic partnership when same sex marriage not allowed       No state law banning same sex marriage (however, judicial or executive rulings prevent same sex marriage)       State law banning same sex marriage       State law banning same sex marriage and civil unions       Amendment bans same-sex marriage       Amendment bans same-sex marriage and civil unions       Bans gay marriage, civil unions, and any marriage-like contract between unmarried persons
     Same sex marriage permitted
 M?  Same sex marriage allowed soon ?
 U  Civil Union when same sex marriage not allowed
 P  Domestic partnership when same sex marriage not allowed
     No state law banning same sex marriage (however, judicial or executive rulings prevent same sex marriage)
     State law banning same sex marriage
     State law banning same sex marriage and civil unions
     Amendment bans same-sex marriage
     Amendment bans same-sex marriage and civil unions
     Bans gay marriage, civil unions, and any marriage-like contract between unmarried persons

Same-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." In 2003, the U.S. Supreme Court's decision in Lawrence v. Texas paved the way for same-sex marriage to emerge as a hot-button political issue. Since Massachusetts became the first state to legalize same-sex marriage in 2004, other states have rushed to either restrict or liberalize their own marriage laws.

This article tracks the status of those laws. It is intended only as a resource for the bottom line current legal status of same-sex unions right now regardless of pending litigation. See same-sex marriage legislation in the United States for the outcome of specific legislation and same-sex marriage legislation in the United States by state for detailed descriptions.

Marriage is defined as the union of one man and one woman in at least 42 states.[1] Currently, 27 states have added defense of marriage amendments to their constitutions. There is one state that recognizes same-sex marriages, and a total of six (plus the District of Columbia) that recognize some form of same-sex civil unions or domestic partnerships. [2]

Contents

[edit] State-by-state listing

Below is the status of the law in each of the 50 states, plus the District of Columbia.

  • The Marriage Defined column tells whether that state contains any statutes or constitutional language that defines marriage as between a man and a woman or otherwise bans same-sex marriages.
    • The Constitution sub-column gives links to the constitutionnal amendment story, if existing.
    • The Statute leads to the corresponding section of Same-sex marriage legislation in the United States by state to afford full legislation about constitution and statutes. (Under construction, if not afforded, see HRC and Domawatch links below that page).
  • The other links (licences - Civil unions status - domestic partnership status - provides for appropriate page denominations according to marriage - civil unions - domeptic partnership and shows the existing pages if the link is active. Civil unions denomination is left in the plural form because it is the rule used for other countries (see Category:Marriage, unions and partnerships by country below )
    • The details for the marriage recognition (Recogn.) are to be find with the marriage licence link when active. Since a constitutionnal ban is potentially for a quite long term, I have merged the marriage licence and recognition in such case for relevant states.
    • Def. means constitutionnal definition amendment for the corresponding unions or partnership. When it happens to be the same constitutionnal definition amendment as the link in the Marriage Defined - Constitution column, I have merged the Def. and Status column. Otherwise another link is proposed to the other relevant amendment in the Def. column in relevant cases.
  • The blue squares show what is allowed and green ones, potential changes in nearby future.
  • The notes column gives better detail and recent possibilities.
State Marriage Same-sex unions Notes

Defined Result Civil Unions Domestic
Partnership
Constitution Statute Licenses Recogn. Def. Status Def. Status
Alabama Yes Yes Banned Banned No None
Alaska Yes Yes Banned No None No None Petitions are made to start a ban ballot on civil unions too.
Arizona Rejected Yes Not legal Not legal No None No None
Arkansas Yes Yes Banned Banned No None
California No Yes (*) Not legal Not legal No None

but
sort of

No Legal Main article: Same-sex marriage in California

° Attempts to pass marriage is vetoed by Governor Arnold Schwarzenegger. ° A Supreme Court decision is expected. ° Petitions are made to start a ban ballot.

Originally granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over a three-year period. Taking effect on January 1, 2005, A.B. 205 extended to domestic partnerships virtually all the legal rights and responsibilities of marriage in California. Thus, domestic partnership in California has been effectively transformed into a civil union status.

Colorado Yes Yes Banned No None NO! Rejected On November 2006 ballot, Colorado banned marriage but rejected a referendum to allow a "civil union"-like domestic partnership, sustained by a constitutionnal amendment. See also this table
Connecticut No Yes Not legal
but bill
proposed
Not legal No Legal  ? ? Main article: Same-sex marriage in Connecticut

Does not award marriage licenses to same-sex couples but the civil unions confer "all of the state-level spousal rights and responsibilities."[2]
A proposition occured beginning 2007 to allow the marriage.

Delaware No Yes Not legal Not legal No None No None

District of
Columbia
No No Not legal Not legal No None No Legal Main article: Domestic partnership in District of Columbia

Enacted 1992; implemented 2002; expanded 2006

Florida No Yes Not legal Not legal No None No None Petitions are made to start a ban ballot.
Georgia Yes Yes Banned Banned No None
Hawaii Yes Yes Ban
permitted
Not legal.
Not legal No None
(proposed)
No Legal Minimal benefits, available to all adults, including relatives; official terminology is reciprocal beneficiary relationship.[2]

Bill proposed to afford civil unions but killed in Judiciary Committee.

Idaho Yes Yes Banned No None No None
Illinois No Yes Not legal Not legal No None No None Petitions are made to start a ban ballot.
Indiana No Yes Not legal Not legal No None No None Legislative initiative to start a ban ballot.
Iowa No Yes Not legal Not legal No None No None Idem (see above link).
Kansas Yes Yes Banned Banned No None
Kentucky Yes Yes Banned Banned No None
Louisiana Yes Yes Banned Banned No None
Maine No Yes Not legal Not legal No None No Legal Main article: Domestic partnership in Maine

The Maine Domestic Partnership act came into effect on July 30, 2004.[1]

Maryland No Yes Not legal Not legal No None No None Main article: Same-sex marriage in Maryland

"The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973."[1]

Massachusetts No No Legal by
Supreme
Court
decision
Yes. No None No None Main article: Same-sex marriage in Massachusetts
Michigan Yes Yes Banned Banned No None
Minnesota No Yes Not legal Not legal No None No None Legislative initiative and petitions are made to start a ban ballot.
Mississippi Yes Yes Banned No None No None
Missouri Yes Yes Banned No None No None
Montana Yes Yes Banned No None No None
Nebraska Yes Yes Banned Banned No None
Nevada Yes Yes Banned No None No None
New Hampshire No Yes Not legal Not legal No None
but
proposed
No None State law pre-dates DOMA.[1]
Proposals to introduce civil unions
New Jersey Proposal
rejected
No None As civil
unions
No Legal No No more
but
present
valid
ones
allowed.
Main article: Same-sex marriage in New Jersey

The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court, in Lewis v. Harris, required the New Jersey Legislature to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples.[3] A bill now allows civil unions that will supersede domestic partnerships. These are no more applied but may remain for the present ones.

New Mexico No No None None No None No None Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral).
New York No No Not
allowed
by
court
None No None No None Main article: Same-sex marriage in New York
North Carolina No Yes Not legal Not legal No None No None Legislative initiative to start a ban ballot.
North Dakota Yes Yes Banned Banned No None
Ohio Yes Yes Banned Banned No None
Oklahoma Yes Yes Banned Banned No None
Oregon Yes No Banned* No None
but
proposed
No None Main article: Same-sex marr. in Oregon*

Bill proposed to afford "civil union"-like legal package.

Pennsylvania No Yes Not legal Not legal No None No None Petitions are made to start a ban ballot.
Rhode Island No No None Yes No None No None Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). Does not award marriage licenses, but does extend limited rights to same-sex couples.[2]. Now this is the basis on which RI will recognize the same-sex couples married in Massachussetts according to the Attorney General.
South Carolina Yes Yes Banned Banned Yes OK for
them
South Dakota Yes Yes Banned Banned No None
Tennessee Yes Yes Banned No None No None
Texas Yes Yes Banned Banned No None
Utah Yes Yes Banned Banned No None
Vermont No Yes Not legal
but
proposed
Not legal No Legal No None Vermont civil unions provide same-sex couples access to state-level marriage benefits.[1] Parties to a civil union are entitled to all of the state-level spousal rights and responsibilities and only for couples who live in the state of Vermont.[2]

A proposition is made to legalize marriage.

Virginia Yes Yes Banned Banned Banned EVERYTHING IS BANNED !
Washington No Yes Not legal
*
Not legal No None No None Main article:
Same-sex marriage in Washington *
West Virginia No Yes Not legal Not legal No None No None Petitions are made to start a ban ballot.
Wisconsin Yes Yes Banned Banned No None
Wyoming No Yes Not legal Not legal No None No None State law pre-dates DOMA.[1]

[edit] See also

[edit] In General

[edit] In USA

[edit] References

  1. ^ a b c d e f Stateline.org 50-state rundown on gay marriage laws Accessed November 14, 2006
  2. ^ a b c d e Human Rights Campaign State by State Information Accessed November 14, 2006
  3. ^ http://www.judiciary.state.nj.us/opinions/supreme/a-68-05.pdf


Same-sex marriage in the United States
This box: view  talk  edit
Flag of the United States
Legalized: Massachusetts
Law proposed: Connecticut - Illinois - Maine - New Jersey - New York - Rhode Island

 Civil unions permitted:

Connecticut - New Jersey - Vermont

 Domestic partnerships permitted:

California - District of Columbia - Hawaii - Maine
Prohibited by statute: Arizona - Connecticut - Delaware - Florida - Illinois - Indiana - Iowa - Maryland - Minnesota - New Hampshire - New York - North Carolina - Pennsylvania - Puerto Rico - Washington - West Virginia - Wyoming
Prohibited by constitutional amendment: Alabama - Alaska - Arkansas - Colorado - Georgia - Hawaii - Idaho - Kansas - Kentucky - Louisiana - Michigan - Mississippi - Missouri - Montana - Nebraska - Nevada - North Dakota - Ohio - Oklahoma - Oregon - South Carolina - South Dakota - Tennessee - Texas - Utah - Virginia - Wisconsin
Marriage undefined: New Mexico - Rhode Island


For the checking purpose proposed above the table,
type : Category:Marriage, unions and partnerships by country
instead of
Same-sex_marriage_legislation_in_the_United_States_by_state
(this sentence avoids this sandbox to be in the category page - in the real page the category link will be done correctly)