Same-sex marriage legislation in the United States by state

From Wikipedia, the free encyclopedia

This article summarizes the legal and political actions taken by the individual states of the United States regarding same-sex marriage. The texts are following.

Same-sex marriage
Performed nationwide in
Netherlands (2001) Belgium (2003) Spain (2005) Canada (2005) South Africa (2006)
Performed statewide in
Massachusetts, USA (2004)
Foreign same-sex marriage recognized in
Israel (2006)
Debate in other countries and regions
Argentina Aruba Australia Austria China Estonia France Ireland Italy Latvia Lithuania New Zealand Portugal Romania Sweden Taiwan United Kingdom United States: CA, CT, MD, NY, NJ, OR, VT, WA
See also
Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country
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[edit] Alabama

ALABAMA CONSTISTUTION Art. I, §36.03. called Sanctity of Marriage Amendment (=Ref.1)
& ALABAMA CODE § 30-1-19. called Alabama Marriage Protection Act. (=Ref.2) :

Ref.1 (b) & Ref.2 (b)

Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.

Ref.1 (c) & Ref.2 (c)

Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.

Ref.1 (d) & Ref.2 (d)

No marriage license shall be issued in the State of Alabama to parties of the same sex.

Ref.1 (e) & Ref.2 (e)

The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.

Ref.1 (f)

The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.

Ref.1 (g)

A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Alaska

February 27, 1998: The Alaska Superior Court judge Peter Michalski rules in favor of plaintiffs Jay Brause and Gene Dugan, saying that choosing a marital partner is a fundamental right that cannot be denied by the state without a compelling reason.

November 3, 1998: The state's voters amended their constitution to require that all marriages be between a man and a woman.

Texts :
ALASKA CONSTITUTION, Art. I, §25 :
To be valid or recognized in this State, a marriage may exist only between one man and one woman.
ALASKA STATUTES, Section 25.05.013 :
(a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.
(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Arizona

1975: Two men from Phoenix, Arizona are granted a marriage license by a county clerk on January 7. The Arizona Supreme Court, citing the Bible, voided and revoked the marriage licence. The state legislature passed a bill specifically defining marriage as being between a man and a woman.^[1]

September 2006: The Arizona Supreme Court ruled that a proposition that would amend the state constitution defining marriage would be allowed on the ballot.^[2]

November 2006: Even well past midnight on election night, the amendment was flipping between a narrow margin for or against. The final outcome of 51% (including absentee ballots) opposing the marriage amendment made Arizona the first state where voters rebuffed a constitutional amendment defining marriage as between one man and one woman.^[3]^[4]^[5] Conservative groups have said, considering the relatively small margin in which it failed, the result was more likely due to confusing ballot language than an indication of changing public opinion.^[6] An already-existing statutory ban was unaffected and remains current state law.^[7]

Text :
ARIZONA CONSTITUTION :
Nothing. Through a ballot with a narrow result, the Arizonians didn't agree to ban same-sex marriages in their constitution. The only such case in USA so far !
ARIZONA REVISED STATUTES § 25-101 C. :
C. A marriage between persons of the same sex is void and prohibited.
ARIZONA REVISED STATUTES § 25-112 : (see link above)
A. Marriage valid by laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.
B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101.
C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Arkansas

Arkansas Constitution Amendment 83 :
Section 1. Marriage. Marriage consists only of the union of one man and one woman.

Section 2. Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.

Section 3. Capacity, rights, obligations, privileges, and immunities. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.

Arkansas Code Annotated (Title 9 - subtitle 2 - chapter 11)
section 9-11-107. Same sex marriage void
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
section 9-11-109. Validity of foreign marriages
(a) All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
(b) This section shall not apply to a marriage between persons of the same sex.
section 9-11-208. Age requirement
(a) No license shall be issued to persons to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.
(b) It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
(c) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
(d) However, nothing in this section shall prevent an employer from extending benefits to persons who are domestic partners of employees.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] California

Main article: Same-sex marriage in California

No marriage license or recognition.
Other relationship recognition for same-sex couples : Domestic partnership in California.
Other relationships recognition from other jurisdictions for same-sex couples as : Domestic partnership in California? Not explicit

[edit] Colorado

1975: Clela Rorex, county clerk of Boulder County, Colorado, allowed six same-sex couples to wed after receiving an advisory opinion from the district attorney's office indicating that the state's laws did not explicitly prohibit it.^[8] A law was quickly pushed through to prohibit gay marriages.
On November 7, 2006, Colorado voters approved a constitutional amendment defining marriage as being between a man and a woman only and defeated a referendum to allow same-sex couples to register domestic partnerships.

Texts :
COLORADO CONSTITUTION, Art. II, §31 :
Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
COLORADO REVISED STATUTES §14-2-104 :

(1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if:
- (a) It is licensed, solemnized, and registered as provided in this part 1; and
- (b) It is only between one man and one woman.
(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Connecticut

Main article: Same-sex marriage in Connecticut

Texts :
Constitution of the State of Connecticut, 1965:
Nothing
Connecticut Substitute Senate Bill 963 §14 (Effective October 1, 2005)
Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage, which is defined as the union of one man and one woman.

No marriage license or recognition from other jurisdictions for same-sex couples.
Other relationship recognition for same-sex couples : Civil unions in Connecticut

[edit] Delaware

Texts :

Delaware Statutes title 13, section 101 (a) & (d)

(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender.
(d) A marriage obtained or recognized outside the state between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] District of Columbia

Unresolved

No marriage license or recognition from other jurisdictions for same-sex couples.
Other relationship recognition for same-sex couples : Domestic partnership in California.
Other relationships recognition from other jurisdictions for same-sex couples as : Domestic partnership in California? Not explicit

[edit] Florida

See : Same-sex marriage in Florida

Texts :
Florida Statutes Annotated
section 741.04. Marriage license issued.
No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person … unless one party is a male and the other party is a female.

section 741.212. Marriages between persons of the same sex

(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.

(2) The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state, territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection (1) or a claim arising from such a marriage or relationship.

(3) For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Georgia

6 July 2006: Upheld: The state Supreme Court reversed a lower court's ruling, deciding unanimously that the measure did not violate Georgia's single-subject rule for ballot measures. The issue had been approved by 76 percent of voters in 2004.^{[citation needed]}

Texts :
Constitution of Georgia. Article I Section IV:

Paragraph I. Recognition of marriage.
(a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.

(b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship.

Georgia Code Annotated section 19-3-3.1 Same sex marriages prohibited

(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.

(b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Hawaii

1996: The Hawaii State Supreme Court rules that prohibiting same-sex couples from marrying may violate Hawaii's constitutional equal protection clause and can only be upheld if prohibition is justified by a compelling reason (Baehr v. Miike, 80 Hawai`i 341).^[9]

1998: Hawaii's voters amend their Constitution to allow state legislature to restrict marriage to men and women only.

Beginning 2007: An attempt made to introduce civil unions in Hawaii's legislation stops in Comittee.

Situation :

No marriage license or recognition from other jurisdictions for same-sex couples.
One existing form of statewide relationship recognition for same-sex couples :
- Domestic partnership in Hawaii ( Hawaii Statutes section 572C )

Texts :

Hawaii Constitution Article 1, § 23

The legislature shall have the power to reserve marriage to opposite-sex couples.

Hawaii Statutes section 572-1.

In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that: (1) to (7)... conditions

Hawaii Statutes section 572-1.6. Private solemnization not unlawful.

Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization of same-sex relationships by religious organizations; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii.

Hawaii Statutes section 572-3. Contracted without the State.

Marriages between a man and a woman legal in the country where contracted shall be held legal in the courts of this State.

[edit] Idaho

November 7, 2006: Idaho voters approved a state constitutional amendment barring same-sex marriage. (Idaho Amendment 2 (2006))

Text :
IDAHO CONSTITUTION Art. III, §28. :
A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state
IDAHO CODE § 32-209:
All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Illinois

February 22, 2007: State Representative Greg Harris introduced the Religious Freedom and Marriage Fairness Act to the Illinois State House of Representatives, in order to implement same-sex marriages in the legisaltion.

Texts :
Illinois Compiled Statutes

750 ILCS 5/201. Formalities.

A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.

750 ILCS 5/212. Prohibited Marriages.

(a) The following marriages are prohibited:... ... (5) a marriage between 2 individuals of the same sex.

750 ILCS 5/213.1 Same‑sex marriages; public policy.

A marriage between 2 individuals of the same sex is contrary to the public policy of this State.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Indiana

Texts :

Indiana Code section 31-11-1-1. Same sex marriages prohibited

(a) Only a female may marry a male. Only a male may marry a female.
(b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Iowa

Texts :

IOWA CODE - TITLE XV; SUBTITLE 1; CHAPTER 595.2 :

1. Only a marriage between a male and a female is valid.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Kansas

Texts :

Kansas Constitution, Article 15, Section 16

(a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.
(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.

Kansas Statute Section 23-101. Nature of marriage relation.

(a) The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex . All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law.

Kansas Statute Section 23-115. Validity of marriages contracted without state.

All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. It is the strong public policy of this state only to recognize as valid marriages from other states that are between a man and a woman.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Kentucky

Texts :

Kentucky Constitution, Section 233A

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.

Kentucky Revised Statutes

Section 402.005 Definition of marriage.
As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.
Section 402.020 Other prohibited marriages.
(1) Marriage is prohibited and void: (d) Between members of the same sex;
Section 402.040 Marriage in another state
(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.
(2) A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.
Section 402.045 Same-sex marriage in another jurisdiction void and unenforceable.
(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.
(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Louisiana

18 September 2004: Louisiana voters ratified a state constitutional amendment defining marriage as only between a man and a woman. The amendment passed with an overwhelming majority, 78 percent in favor to 22 percent opposed, but allegations of botched elections procedures taint the validity of the outcome.^[10]

October 2004: District Judge William Morvant of Baton Rouge struck down the amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject; the amendment prevented the state from recognizing any legal status for common-law relationships, domestic partnerships and civil unions between both gay and heterosexual couples.^[11]

19 January 2005: The Louisiana Supreme Court reinstated the anti-gay marriage amendment to the state constitution.^[12]

Texts :

Louisiana Constitution, Article XII, section 15. Defense of Marriage

Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.

Louisiana Civil code

Article 89. Impediment of same sex
Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.
Article 96. Civil effects of absolutely null marriage; putative marriage
§4. A purported marriage between parties of the same sex does not produce any civil effects.
Article 3520. Marriage (Title II of Book IV of the Civil Code)
A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.
B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Maine

Main article: Domestic partnership in Maine

Texts :
FORBIDDEN MARIAGE
Maine Revised Statutes

Title 19-A: DOMESTIC RELATIONS - Chapter 23: MARRIAGE - §701. Prohibited marriages; exceptions

1. Marriage out of State to evade law. When residents of this State, with intent to evade this section and to return and reside here, go into another state or country to have their marriage solemnized there and afterwards return and reside here, that marriage is void in this State.
1-A. Certain marriages performed in another state not recognized in this State. Any marriage performed in another state that would violate any provisions of subsections 2 to 5 if performed in this State is not recognized in this State and is considered void if the parties take up residence in this State.
5. Same sex marriage prohibited. Persons of the same sex may not contract marriage.
DOMESTIC PARTNERSHIP laws

Public Laws of Maine, 2003, Chapter 672

No marriage license or recognition from other jurisdictions for same-sex couples.
Other relationship recognition for same-sex couples : Domestic partnership in Maine.
Other relationships recognition from other jurisdictions for same-sex couples as : Domestic partnership in Maine? Not explicit

[edit] Maryland

Main article: Same-sex marriage in Maryland

Texts :

Annotated Code of Maryland - Family Law - Title 2 - Subtitle 2. Valid Marriages; Void Marriage

§ 2-201. Only a marriage between a man and a woman is valid in this State.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Massachusetts

Main article: Same-sex marriage in Massachusetts

November 18, 2003, in Goodridge v. Department of Public Health, Massachusetts Supreme Court gave the Massachusetts Legislature 180 days in which to take such action as it may deem appropriate.
May 17, 2004, no action having been taken, Massachusetts began issuing marriage licenses to same-sex couples.

No explicit texts, just the Supreme Court ruling.

Marriage licenses & no explicit prohibition on recognition from other jurisdictions for same-sex couples.
No other relationship or its recognition from other jurisdictions for same-sex couples

[edit] Michigan

Texts :

Michigan Constitution, Article I, Section 25

To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

Michigan Compiled Laws Annotated

551.1 Marriage between individuals of same sex as invalid contract.
Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
551.271 Marriages solemnized in another state validated.
(1) Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws.'
(2) This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Minnesota

1971: The Minnesota Supreme Court rules against the contention of plaintiffs Jack Baker and Mike McConnell that absence of a specific prohibition on same-sex marriage signified a legislative intent to recognize them. The court found that "The institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis".^[1] This decision was appealed to the United States Supreme Court (see Baker v. Nelson), but was dismissed for failure to present a federal question. Such a dismissal constitutes a holding that the claimed Federal right--a Constitutional mandate to treat same-sex and opposite-sex couples identically--does not exist.

Texts :

Minnesota Statutes

Chapter 517. Domestic Relations - 517.03. Prohibited marriages.
Subdivision 1. General.
(a) The following marriages are prohibited: ... (4) a marriage between persons of the same sex.
(b) A marriage entered into by persons of the same sex, either under common law or statute, that is recognized by another state or foreign jurisdiction is void in this state and contractual rights granted by virtue of the marriage or its termination are unenforceable in this state.
Chapter 518. Marriage Dissolution - 518.01. Void marriages
All marriages which are prohibited by section 517.03 shall be absolutely void, without any decree of dissolution or other legal proceedings; (except if a person whose husband or wife has been absent for four successive years, without being known to the person to be living during that time, marries during the lifetime of the absent husband or wife, the marriage shall be void only from the time that its nullity is duly adjudged. If the absentee is declared dead in accordance with section 576.142, the subsequent marriage shall not be void.)

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Mississippi

Texts :

Mississippi Constitution, Article 14, Section 263A

Marriage may take place and may be valid under the laws of this State only between a man and a woman. A marriage in another State or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this State and is void and unenforceable under the laws of this State.

Mississippi Code § 93-1-1. Certain marriages declared incestuous and void.

(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Missouri

Texts :

Missouri Constitution, Article I Bill of Rights

Section 33.Marriage, validity and recognition.
That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.

Missouri Annotated Statutes - Chapter 451. Marriage, Marriage Contracts, and Rights of Married Women

section 451.022. Public policy, same sex marriages prohibited--license may not be issued.
1. It is the public policy of this state to recognize marriage only between a man and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex will not be recognized for any purpose in this state even when valid where contracted.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Montana

November 2, 2004 : An amendment is put on the ballot to ban same-sex marriage. 67% of voters supported it. Cfr Montana Initiative 96 (2004)

Texts :

Montana Constitution - Article XIII. General Provisions

Section 7. Marriage Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.

Montana Code Annotated - Title 40. Family law - Chapter 1. Marriage

Section 40-1-103. General Provisions --- Formalities.
Marriage is a personal relationship between a man and a woman arising out of a civil contract to which the consent of the parties is essential. A marriage licensed, solemnized, and registered as provided in this chapter is valid in this state. A marriage may be contracted, maintained, invalidated, or dissolved only as provided by the law of this state.
Section 40-1-401. Prohibited marriages -- contracts.
(1) The following marriages are prohibited: ... (d) a marriage between persons of the same sex.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Nebraska

May 12, 2005: A federal judge in Omaha struck down Nebraska's sweeping ban on same-sex marriages, civil unions, domestic partnerships, and other same-sex relationships.

July 14, 2006: The 8th U.S. Circuit Court of Appeals reinstated the ban.

Texts :

Nebraska Constitution

Article I, Section 29. Marriage; same-sex relationships not valid or recognized. Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Nevada

Texts:

Nevada Constitution- Article I. Declaration of Rights.

Section 21. Limitation on recognition of marriage.
Only a marriage between a male and female person shall be recognized and given effect in this state.

No marriage license, no marriage or any other relationship recognition from other jurisdictions for same-sex couples

[edit] New Hampshire

Texts:

New Hampshire Revised Statutes - Chapter 457. Marriages

Section 457:1. Marriages Prohibited; Men.
No man shall marry his mother, his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter, sister's daughter, father's brother's daughter, mother's brother's daughter, father's sister's daughter, mother's sister's daughter, or any other man.
Section 457:2. Marriages Prohibited; Women.
No woman shall marry her father, her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son, sister's son, father's brother's son, mother's brother's son, father's sister's son, mother's sister's son, or any other woman.
Section 457:3. Recognition of Out-of-State Marriages.
Every marriage legally contracted outside the state of New Hampshire, which would not be prohibited under RSA 457:1 or RSA 457:2 if contracted in New Hampshire, shall be recognized as valid in this state for all purposes if or once the contracting parties are or become permanent residents of this state subsequent to such marriage, and the issue of any such marriage shall be legitimate. Marriages legally contracted outside the state of New Hampshire which would be prohibited under RSA 457:1 or RSA 457:2 if contracted in New Hampshire shall not be legally recognized in this state. Any marriage of New Hampshire residents recognized as valid in the state prior to the effective date of this section shall continue to be recognized as valid on or after the effective date of this section.
Section 457:43 Residents.
If any person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and goes into another jurisdiction and there contracts a marriage prohibited and declared void by the laws of this state, such marriage shall be null and void for all purposes in this state, with the same effect as though such prohibited marriage had been entered into in this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] New Jersey

Main article: Same-sex marriage in New Jersey

October 25, 2006: New Jersey's Supreme Court held, "Denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose. The Court holds that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The name to be given to the statutory scheme that provides full rights and benefits to samesex couples, whether marriage or some other term, is a matter left to the democratic process." The legislature was given 180 days to enact equal rights under the name of "marriage" or under some other equal scheme.

No explicit texts on same-sex marriages.

No marriage license
Other relationship recognition for same-sex couples : Civil unions in New Jersey
Marriage and other relationships recognition from other jurisdictions for same-sex couples as : Civil unions in New Jersey

[edit] New Mexico

February 20, 2004: Victoria Dunlap, county clerk of Sandoval County, New Mexico, announces that she would begin issuing same-sex marriage licenses because New Mexico marriage law does not mention gender.^[13] The first same-sex marriages in Sandoval County are performed later the same day. By the end of the day, however, New Mexico state attorney general Patricia Madrid issued an opinion stating that the licenses were "invalid under state law", and the Sandoval County clerk's office stops issuing them. In the interim, 26 such licenses had been issued.

The state governor, Bill Richardson, has requested that the state legislature enact a civil union bill.

No explicit texts on same-sex marriages. Licences stopped.

New Mexico Statutes §40-1-4..

All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.

No marriage license, but no explicit prohibition on recognition from other jurisdictions for same-sex couples.
No other relationship or its recognition from other jurisdictions for same-sex couples

[edit] New York

Main article: Same-sex marriage in New York

No explicit text on same-sex marriages, but Supreme Court says it is not legal and leaves the subject to the Legislature.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] North Carolina

Texts :

North Carolina General Statutes section 51-1.2

Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] North Dakota

Texts :

North Dakota Constitution Article XI. General provisions.

Art. XI - Section Section 28. Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

North Dakota Century Code - Title 14 Domestic Relations and Persons

Section 14-03-01. What constitutes marriage - Spouse defined. Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife.
Section 14-03-08. Foreign marriages recognized - Exception. Except when residents of this state contract a marriage in another state which is prohibited under the laws of this state, all marriages contracted outside this state, which are valid according to the laws of the state or country where contracted, are valid in this state. This section applies only to a marriage contracted in another state or country which is between one man and one woman as husband and wife.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Ohio

March 24, 2005: Two judges rule that Ohio's 25-year-old domestic violence law cannot be used against unmarried heterosexual couples because of Ohio's new constitutional definition of marriage.

December 12, 2005: The Twelfth District Ohio Court of Appeals overturns the lower court rulings.

Texts :

Ohio Constitution - Article XV. Miscellaneous - section 11 Marriage Amendment

Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.

Ohio Revised Code - Title XXXI Domestic Relations - Children

§ 3101.01. Persons who may be joined in marriage; minor to obtain consent; public policy of state concerning same-sex marriage and extension of certain benefits to nonmarital relationships.
(A) ... A marriage may only be entered into by one man and one woman. ...
(B) ...
(C) (1) Any marriage between persons of the same sex is against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.
(2) Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
(3) The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division (C)(3) of this section shall be construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that are otherwise valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Oklahoma

May 13, 2004: A lesbian couple from Tulsa obtained a marriage application in the Cherokee tribal headquarters in Tahlequah, Oklahoma. The Cherokee Nation issues marriage applications, rather than licenses. Couples obtaining a license have it signed by the individual performing the ceremony before returning to tribal court to have the application certified. Cherokee Principal Chief Chad "Corntassel" Smith stated that he believes that same-sex marriages are not allowed under Cherokee law, and the Cherokee Nation Tribal Council unanimously approved language that defined a union as between one man and one woman.

July 2005: The tribe's Judicial Appeals Tribunal upheld the couple's right to marry, confirming that if they should refile for certification, it would be granted.^[14] Although Oklahoma does not recognize same-sex marriages performed in other states, Oklahoma does recognize all Cherokee marriages. It is unclear how Oklahoma would react if the Cherokee tribal courts decide that this marriage is valid.

Texts :

Oklahoma Constitution - Article 2 Bill of rights - Section 35

A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
B. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.

Oklahoma Statutes - Title 43. Marriage and Family

§43-3.1. Recognition of marriage between persons of same gender prohibited. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage. (Effective Jan. 1, 1997)

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Oregon

Main article: Same-sex marriage in Oregon

Texts :

Oregon Constitution - Article XV Miscellaneous

Section 5a. Policy regarding marriage. It is the policy of Oregon, and its subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Pennsylvania

Texts :

Pennsylvania Consolidated Statutes - Part I. Marriage - Chapter 17. Miscellaneous provisions relating to marriage

§ 1704. Marriage between persons of the same sex. It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Puerto Rico

1998: The island territory of Puerto Rico ratified a Defense of Marriage Act (DOMA) in 1998.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Rhode Island

May 17, 2004: Attorney General Patrick C. Lynch issues an advisory opinion that Rhode Island would recognize any legal marriage performed in another state, as long as the marriage is not contrary to the "strong public policy" of Rhode Island. He said that the legislature and courts should decide which types of marriages fall within that category, while adding that same-sex marriages are not included among the types of marriages currently proscribed. While his opinion does not have the force of law, it appears to indicate that Rhode Island would, in fact, recognize valid same-sex marriages performed in Massachusetts or elsewhere.

September 29, 2006: Massachusetts Superior Court Justice Thomas E. Connolly ruled that same-sex couples who live in Rhode Island can marry in Massachusetts. The ruling was a response to a 1913 law that prohibited Massachusetts from performing marriages that were not legal in the couple's home state. The ruling does not legalize same-sex marriage in Rhode Island and Rhode Island's attorney general, Patrick Lynch, said same-sex marriages performed in Massachusetts would not be valid in Rhode Island.^[15]

February 2007: Patrick Lynch, said finally same-sex marriages performed in Massachusetts would be recognized in Rhode Island, after an juridical analysis.

No marriage license.
Marriage recognition from Massachussets, according to Attorney General.
No other relationship performance or recognition from other jurisdictions for same-sex couples

[edit] South Carolina

November 7, 2006: South Carolina voters approved a state constitutional amendment prohibiting same-sex marriage and civil unions by a margin of 78% to 22%.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] South Dakota

November 7, 2006: South Dakota voters passed an amendment to the state constitution prohibiting same-sex marriage with 52% of the vote. This is the lowest percentage for any state that has passed such an amendment by popular vote.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Tennessee

November 7, 2006: The Tennessee Marriage Protection Amendment passed by a margin of 81% to 19%.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Texas

...
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Utah

2004: A constitutional amendment was passed defining civil marriage to be limited to opposite-sex couples. It was approved by wide margin, 66% favorable and only 34% against, in november, 2004.

The amendment defines marriage as "... the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect."

2005: Utah Governor Jon Huntsman, Jr. proposed reciprocal benefits for all same-sex couples living in the state. The measure was defeated in the state Senate by 18 -10, and he has promised to revisit the issue in 2006.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Vermont

1999: Vermont Supreme Court rules that same-sex couples are entitled, under the state's constitution, to all of the protections and benefits provided through marriage.

2000: The legislature passes a law creating civil unions for same-sex couples, giving them all rights and benefits of marriage under Vermont law.

2007: On February 7, A same-sex marriage bill was introduced to the Legislature after seven years of civil unions.

No marriage license or recognition.
Other relationship recognition for same-sex couples : Civil unions in Vermont.
Other relationships recognition from other jurisdictions for same-sex couples as : Civil unions in Vermont? Not explicit ??

[edit] Virginia

1975: The Code of Virginia is amended to prohibit marriage between persons of the same sex.^[16]

1997: The statutory prohibition is extended to declare that any same-sex marriage from another state is void in Virginia.

2004: The Virginia Code is again amended to prohibit civil unions or similar arrangements between members of the same sex. The same statute also bars recognition of any such union from another state.^[17]

2006: In November, a new Constitutional amendment, previously approved by the Virginia General Assembly, limiting marriage to unions of one man and one woman was voted on by people of Virginia. A majority of the voters (1,325,668 or 57%) approved the amendment, as opposed to 1,003,967 or 43% voting no. The amendment takes effect in 2007.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Washington

Main article: Same-sex marriage in Washington

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] West Virginia

...
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

[edit] Wisconsin

March 5, 2004: The Wisconsin State Assembly approved, by a vote of 68-27, a state constitutional amendment reading:

"Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."

March 12, 2004: The Wisconsin State Senate voted 20-13 to pass that state's amendment, which must still be passed again in next year's legislature, and be voted on in a state-wide referendum.^[18]

December 6, 2005: The Wisconsin State Senate voted a second time in favor of the amendment. The vote is 19-14 and is along party lines.

February 28, 2006: The Wisconsin State Assembly voted for the second time in favor of the amendment. The question will appear on the November 7, 2006 ballot.

July 2006: The amendment is in a dead-heat, with the latest poll showing only a slight advantage for amendment supporters.^[19]

November 7, 2006: Wisconsin voters pass the amendment by a margin of 59%-41%.^[20]

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.