Same-sex marriage status in the United States by state

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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
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]

1 State-by-state listing
2 See also

[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.

State	Marriage Defined		Same-sex unions			Notes
State	Statute	Constitution	Marriage Licenses	Civil Unions	Domestic Partnerships	Notes
Alaska	Yes	Yes	No	No	No
Alabama	Yes	Yes	No	No	No
Arizona	Yes	No	No	No	No
Arkansas	Yes	Yes	No	No	No
California	Yes	No	No	Sort of	Yes	Main article: Same-sex marriage in California 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	No	No	No	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	Yes	No	No	Yes		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]
Delaware	Yes	No	No	No	No
District of Columbia	No	No	No	No	Yes	Main article: Domestic partnerships in District of Columbia Enacted 1992; implemented 2002; expanded 2006
Florida	Yes	No	No	No	No
Georgia	Yes	Yes	No	No	No
Hawaii	Yes	Yes	No	No	Yes	Minimal benefits, available to all adults, including relatives; official terminology is reciprocal beneficiary relationship.^[2]
Idaho	Yes	Yes	No	No	No
Illinois	Yes	No	No	No	No
Indiana	Yes	No	No	No	No
Iowa	Yes	No	No	No	No
Kansas	Yes	Yes	No	No	No
Kentucky	Yes	Yes	No	No	No
Louisiana	Yes	Yes	No	No	No
Maine	Yes	No	No	No	Yes	Main article: Domestic partnership in Maine The Maine Domestic Partnership act came into effect on July 30, 2004.^[1]
Maryland	Yes	No	No	No	No	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	Yes			Main article: Same-sex marriage in Massachusetts
Michigan	Yes	Yes	No	No	No
Minnesota	Yes	No	No	No	No
Mississippi	Yes	Yes	No	No	No
Missouri	Yes	Yes	No	No	No
Montana	Yes	Yes	No	No	No
Nebraska	Yes	Yes	No	No	No
Nevada	Yes	Yes	No	No	No
New Hampshire	Yes	No	No	No	No	State law pre-dates DOMA.^[1]
New Jersey				Yes	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	No	No	No	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	No	No	Main article: Same-sex marriage in New York
North Carolina	Yes	No	No	No	No
North Dakota	Yes	Yes	No	No	No
Ohio	Yes	Yes	No	No	No
Oklahoma	Yes	Yes	No	No	No
Oregon	No	Yes	No	No	No	Main article: Same-sex unions in Oregon
Pennsylvania	Yes	No	No	No	No
Rhode Island	No	No	No	No	No	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, nor provide any form of statewide recognition for same-sex couples but does extend limited rights to same-sex couples.^[2]
South Carolina	Yes	Yes	No	No	No
South Dakota	Yes	Yes	No	No	No
Tennessee	Yes	Yes	No	No	No
Texas	Yes	Yes	No	No	No
Utah	Yes	Yes	No	No	No
Vermont	Yes	No	No	Yes		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]
Virginia	Yes	Yes	No	No	No
Washington	Yes	No	No	No	No	Main article: Same-sex marriage in Washington
West Virginia	Yes	No	No	No	No
Wisconsin	Yes	Yes	No	No	No
Wyoming	Yes	No	No	No	No	State law pre-dates DOMA.^[1]

[edit] See also

[edit] In General

[edit] In USA

Same-sex marriage in the United States
Same-sex marriage in the United States public opinion
Same-sex marriage legislation in the United States
Same-sex marriage legislation in the United States by state
Same-sex marriage status in the United States by state
List of benefits of marriage in the United States
Defense of Marriage Act
Marriage Protection Act
Defense of marriage amendment
Federal Marriage Amendment
Domestic partnerships in the United States
Freedom to Marry Coalition

[edit] References

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

Same-sex marriage in the United States

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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