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.
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Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Puerto Rico | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming
References - See also - External links |
[edit] Alabama
Texts :
ALABAMA CONSTITUTION - Amendment 774. Sanctity of Marriage Amendment (=Ref.1, cited as the approves of Marriage Amendment)
& ALABAMA CODE - Title 30. Marital and domestic relations - Chapter 1. Marriage.
§ 30-1-19. Marriage, recognition thereof, between persons of the same sex prohibited.(=Ref.2, cited as the "Alabama Marriage Protection Act")
- 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 - Article I. Declaration of Rights - §25. Marriage :
To be valid or recognized in this State, a marriage may exist only between one man and one woman.
- ALASKA STATUTES - Section 25. Marital and domestic relations - Chapter 25.05. Alaska marriage code
Section 25.05.013. Same-sex marriage :
(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]
Texts :
Nothing. Through a ballot with a narrow result, the Arizonans didn't agree to ban same-sex marriages in their constitution. The only such case in USA so far.
- ARIZONA REVISED STATUTES - Title 25 - Marital and Domestic Relations
§ 25-101 Void and prohibited marriages
... C. A marriage between persons of the same sex is void and prohibited.
§ 25-112. Marriages contracted in another state; validity and effect
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
Texts :
- 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. Family law - subtitle 2. Domestic relations - chapter 11. Marriage
- Subchapter 1. General Provisions.
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.
-
- Subchapter 2. License and Ceremony.
Section 9-11-208. License not issued to persons under age or to persons of the same sex.
(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
Texts :
On May 15, 2008, the Supreme Court of California overturned the ban on same-sex marriage, making California the second state, behind Massachusetts, to allow full marriage rights for same-sex partners. Citing a 1948 California Supreme Court decision that reversed interracial marriages ban, the Republican-dominated California Supreme Court, (in a 4-3 ruling, penned by Chief Justice Ronald George) struck down California's 1977 one-man, one-woman marriage law and a similar voter-approved 2000 law (passed with 61%). Marriage licenses for same-sex couples will be available starting June 17, 2008. The 2006 census figures indicate that California has an estimated 108,734 same-sex households.[8] Same-sex marriage opponents announced, however, that they gathered 1 million signatures to place a constitutional amendment on the November ballot to define marriage as between a man and woman, to effectively annul the decision.[9]
In the meantime, the California Office of Vital Records announced on May 28, 2008 that it plans to start issuing marriage licenses to same-sex couples on June 17, 2008.[1] The Office of Vital Records chose the date of June 17 to be prepared if the May 15, 2008 decision of the Supreme Court of California is not stayed.
In a one-page Resolution, the California Supreme Court on June 4, 2008 forthwith denied all petitions for rehearing and to reconsider the May 15 ruling, as it removed the final obstacle to same-sex marriages starting on June 17. It further rejected moves to delay enforcement of the decision until after the November election, when voters will decide whether to reinstate a ban on same-sex nuptials. Chief Justice Ronald George and Justices Joyce Kennard, Kathryn Mickle Werdegar and Carlos Moreno, voted for the resolution, while dissenting or voting to reconsider the judgment, were Justices Marvin Baxter, Ming Chin and Carol Corrigan.[10]The judgment stated: “The decision filed on May 15, 2008, will become final on June 16, 2008, at 5 p.m.” San Francisco Mayor Gavin Newsom announced that marriages would be held “5:01” on June 16.[11][12] Moreover, a field poll in late May, reported that "51% of registered voters in the state favored the right of same-sex couples to marry, with 42 percent opposed.".[13]
[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.[14] 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.
(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
Texts :
- 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. The debate over same-sex marriage in Washington, D.C. is complicated by the fact that the United States Congress has ultimate authority over laws passed by the Council of the District of Columbia. Despite support from D.C. residents and elected officials in favor of same-sex marriage, the federal Defense of Marriage Act restricts the District from issuing marriage licenses to same-sex couples. The Omnibus Domestic Partnership Equality Amendment Act of 2008, passed unanimously by the D.C. Council, provides the highest degree of legal protections akin to marriage for same-sex couples as possible without running afoul of federal law.[15]
No marriage license, recognition, or explicit prohibition from other jurisdictions for same-sex couples.
Other relationship recognition for same-sex couples : Domestic partnership in the District of Columbia.
[edit] Florida
See : Same-sex marriage in Florida
Texts :
- Florida Statutes Annotated - Title XLIII. Domestic relations - Chapter 741. Marriage; Domestic violence.
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 - Title 19. Domestic Relations - Chapter 3. Marriage generally - Article 1. General Provisions
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).[16]
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 Committee.
Texts :
- Hawaii Constitution Article 1, § 23
The legislature shall have the power to reserve marriage to opposite-sex couples.
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.
- No marriage license or recognition from other jurisdictions for same-sex couples.
- One existing form of statewide relationship recognition for same-sex couples :
[edit] Idaho
November 7, 2006: Idaho voters approved a state constitutional amendment barring same-sex marriage. (Idaho Amendment 2 (2006))
Text :
- IDAHO CONSTITUTION - Article III. Legislative department - §28. Marriage
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 - Title 32. Domestic relations - Chapter 2. Marriage; nature and validity of marriage contract
§ 32-209. Recognition of foreign or out-of-state marriages
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 legislation.
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 - Title 31. Family law and juvenile law - Article 11. Family law : Marriage - Chapter 1. Who may marry
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. Judicial Branch and judicial procedures - SUBTITLE 1. Domestic relations
CHAPTER 595 Marriage -- 595.2. Gender - Age : 1. Only a marriage between a male and a female is valid.
This law was ruled to be unconstitutional by Polk County judge Robert Hanson on August 30th, 2007. Polk County seat city is Des Moines, Iowa's capital city and the ruling was limited to Polk County.
Tim McQuillan and Sean Fritz, Iowa State University students, were married by the Rev. Mark Stringer of First Unitarian Church in Des Moines at 10:32 a.m. on August 31, 2007, becoming the first same-sex couple to be married in Iowa. Shortly thereafter Hanson issued a stay of his own ruling pending appeal. About 20 other same-sex couples had obtained licenses before the stay was issued.[17]
[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.
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.[18]
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.[19]
19 January 2005: The Louisiana Supreme Court reinstated the anti-gay marriage amendment to the state constitution.[20]
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.
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
Texts :
FORBIDDEN MARRIAGE
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
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
Texts :
- Annotated Code of Maryland - Family Law - Title 2. Marriage - 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
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.
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 :
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 :
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.
- New Hampshire Revised Statutes - Chapter 457-A: Civil unions
Section 457-A:8 Other Jurisdictions.
A civil union or a marriage between a man and another man or a woman and another woman legally contracted outside of New Hampshire shall be recognized as a civil union in this state, provided that the relationship does not violate the prohibitions of this chapter.
No marriage license.
Other relationship recognition for same-sex couples: Civil unions
Marriage and other relationship recognition from other jurisdictions for same-sex couples: Civil unions
[edit] 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 same-sex 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.[21] 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
In 2006, New York's Court of Appeals held that New York's marriage statutes do not allow same-sex marriage, and that there is no constitutional right to same-sex marriage. Hernandez v. Robles, 7 N.Y.3d 338 (2006). During his 2006 gubernatorial campaign, Eliot Spitzer said that he would push to legalize same-sex marriage if elected.[2] Governor Spitzer introduced a same-sex marriage bill in April 2007.[3] The bill was passed in the New York State Assembly on June 19, 2007, but died in the New York State Senate and was returned to the Assembly.[4] One New York trial court has upheld local executives' authority to recognize valid same-sex marriages from other jurisdictions.[5] In February 2008, a five-judge panel of the Supreme Court, Appellate Division, Fourth Department ruled unanimously in Martinez v. County of Monroe that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples. Monroe County subsequently announced its intention to move for leave to appeal the decision to the Court of Appeals.[6] On May 6, 2008 the Court of Appeals declined to hear the appeal due to a procedural technicality, effectively allowing the lower court's ruling to stand for the time being.[7] The case could be re-appealed once the trial court has made a determination regarding the sum of damages to be awarded.[8]
On May 29, 2008 Governor David Paterson directed all New York State agencies to begin to revise their policies and regulations to recognize same-sex marriages performed in other jurisdictions, like Massachusetts, California and Canada. Governor Paterson's directive cited the Appellate Division decision in the Martinez case. [9]
As a result of the governor's directive, New York may become the first state that does not allow same-sex marriages but whose state agencies recognize same-sex marriages performed elsewhere. In addition, since California does not have a residency requirement for marriages [10], same-sex couples in New York may have the option to travel to California to get married and have their marriages fully recognized by New York State agencies. However, the governor's directive has been challenged as both premature and unconstitutional in an Article 78 proceeding filed by the Alliance Defense Fund against Governor Paterson on behalf of five state legislators and several pro-family leaders in New York.[11]
[edit] North Carolina
Texts :
- North Carolina General Statutes - Chapter 51. Marriages - Article 1. General Provisions
Section 51‑1. Requisites of marriage; solemnization.
A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: ....
Section 51-1.2. Marriages between persons of the same gender not valid.
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.[22] 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.
Feb. 5, 2007: Senator Laughlin introduced SJR 21. This resolution would amend the state constitution to read, "Civil unions between persons of the same gender shall be prohibited in this state. Civil unions between persons of the same gender granted in another state shall not be recognized as valid and binding in this state."
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
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.
Other relationship performed: Civil unions in Oregon ([12]), effective normally on January 1, 2008.
Other relationship 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
History : Propositions in 2007 for both marriage and civil unions.
No explicit texts.
No marriage license.
Marriage recognition from Massachusetts, according to Attorney General.
However, State Supreme Court subsequently stated that the family court lacks jurisdiction to hear a divorce petition involving same sex couple who were married in Massachusetts. Chambers v. Ormiston, 935 A.2d 956 (R.I. 2007).
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%.
Texts :
- South Carolina Constitution Article XVII Miscellaneous Matters, Section 15
A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.
- South Carolina Code of Laws - Title 20. Domestic Relations - Chapter 1. Marriage
Section 20-1-10. Persons who may contract matrimony.
(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(B) No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or another man.
(C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or another woman.
SECTION 20-1-15. Prohibition of same sex marriage.
A marriage between persons of the same sex is void ab initio and against 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] 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.
Texts :
- South Dakota Constitution - Article XXI Miscellaneous; Section 9. Marriage
Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.
- South Dakota Codified Laws - Title 25. Domestic relations - Chapter 01. Validity And Performance Of Marriages
25-1-1 Marriage defined--Consent and solemnization required.
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
25-1-38. Validity of marriages contracted outside state--Same-sex marriages excluded.
Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.
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%.
Texts :
- Tennessee Constitution - Article XI. MISCELLANEOUS PROVISIONS
Section 18. Marital contract defined. The historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman, is contrary to the public policy of this state and shall be void and unenforceable in Tennessee. If another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited in this state by the provisions of this section, then the marriage shall be void and unenforceable in this state.
- Tennessee Code Annotated - Title 36. Domestic Relations - Chapter 3. Marriage - Part 1. License
36-3-113. Marriage between one man and one woman only legally recognized marital contract.
(a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.
(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
(d) If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
[edit] Texas
Texts :
- Texas Constitution - Article 1. Bill of Rights - Section 32 - Marriage
(a) Marriage in this state shall consist only of the union of one man and one woman.
(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.
- Texas Family Code - TITLE 1. The marriage relationship
Chapter 2. The marriage relationship - Section 2.001. Marriage licence.
(a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
(b) A license may not be issued for the marriage of persons of the same sex.
Chapter 6. Suit for dissolution of marriage - Section 6.204. Recognition of same-sex marriage of union.
- (a) In this section, "civil union" means any relationship status other than marriage that:
- (1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and
- (2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.
- (b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.
- (c) The state or an agency or political subdivision of the state may not give effect to a:
- (1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or
- (2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.
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.
Texts:
- Utah Constitution - Article 01. Declaration of Rights
Section 29. Marriage.
(1) Marriage consists only of the legal union between a man and a woman.
(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
- Utah Code - Title 30. Husband and Wife - Chapter 01. Marriage
30-1-2. Marriages prohibited and void.
The following marriages are prohibited and declared void: ... (5) between persons of the same sex.
30-1-4.1. Marriage recognition policy.
(1) (a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.
(b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married.
(2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.
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 9, a same-sex marriage bill (H275) was introduced to the Legislature after seven years of civil unions.
Texts :
- Vermont statutes - Title 15. Domestic Relations - Chapter 1. Marriage
§ 8. Marriage definition.
Marriage is the legally recognized union of one man and one woman.
§ 5. Marriage entered into in another state.
If a person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and such person goes into another state or country 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.
§ 6. Marriage void in state of residence.
A marriage shall not be contracted in this state by a person residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction. Every marriage solemnized in this state in violation of this section shall be null and void.
- Vermont statutes - Title 15. Domestic Relations - Chapter 23. Civil unions legislation
Among which Section 1201. Definitions.
(4) "Marriage" means the legally recognized union of one man and one woman.
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.[23]
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, including arrangements created by private contract. The same statute also bars recognition of any such union from another state.[24]
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.
Texts :
- Virginia Constitution - Article I. Bill of Rights - Section 15-A. Marriage.
That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions.
This Commonwealth 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 effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.
- Code of Virginia - Title 20. Domestic relations
§ 20-45.2. Marriage between persons of same sex.
A marriage between persons of the same sex is prohibited. Any marriage entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created by such marriage shall be void and unenforceable.
§ 20-45.3. Civil unions between persons of same sex.
A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
[edit] Washington
Texts :
- Washington Revised Code - Title 26. Domestic relations - Chapter 04. Marriage
26.04.010. Marriage contract -- Void marriages.
(1) Marriage is a civil contract between a male and a female who have each attained the age of eighteen years, and who are otherwise capable. 26.04.020. Prohibited marriages.
(1) Marriages in the following cases are prohibited: ...(c) When the parties are persons other than a male and a female.
(3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection ... (1)(c) ... of this section.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
However, domestic partnerships have been recognized as of July 22, 2007. See Domestic partnership in Washington.
[edit] West Virginia
Texts :
- West Virginia Code - Chapter 48. Domestic relations - Article 2. Marriage
§48-2-603. Certain acts, records, and proceedings not to be given effect in this state.
A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of the other state, territory, possession, or tribe, or a right or claim arising from such relationship, shall not be given effect by this state.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
[edit] Wisconsin
History :
2004–2006 : in both Wisconsin State Senate and Wisconsin State Assembly, double vote in order needed to put the subject on the ballot. November 7, 2006: Wisconsin voters pass the amendment by a margin of 59%-41%.[25]
Texts :
- Wisconsin Constitution - Article XIII. Miscellaneous provisions
Section 13. Marriage. 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.
- Wisconsin Statutes - Chapter 765. The Family Code (765-768)
765.001(2) Intent. - Extract :
... Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support....
765.01 A civil contract.
Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.
765.04 Marriage abroad to circumvent the laws.
(1) If any person residing and intending to continue to reside in this state who is disabled or prohibited from contracting marriage under the laws of this state goes into another state or country and there contracts a marriage prohibited or declared void under the laws of this state, such marriage shall be void for all purposes in this state with the same effect as though it had been entered into in this state.
(3) No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.
765.30 Penalties.
(1) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:
(a) Penalty for marriage outside the state to circumvent the laws. Any person residing and intending to continue to reside in this state who goes outside the state and there contracts a marriage prohibited or declared void under the laws of this state.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
[edit] Wyoming
Texts :
- Wyoming Statutes - Title 20. Domestic relations - Chapter 1. Husband and wife - Article 1. Creation of marriage
20-1-101. Marriage a civil contract.
Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
[edit] References
- ^ a b Legal Marriage Court Cases — A Timeline. Retrieved on 2007-01-22.
- ^ Marriage-protection plan OK'd by Arizona court. WorldNetDaily.com (2006-09-05). Retrieved on 2007-01-22.
- ^ McCombs, Brady (2006-11-08). Ban on gay marriage trails, but some mail votes aren't in. Arizona Daily Star. Retrieved on 2007-01-22.
- ^ Religious Right In America Suffer Ballot Defeats. National Secular Society. Retrieved on 2007-01-22.
- ^ http://www.ajc.com/opinion/content/opinion/stories/2006/11/13/1113middle.html
- ^ Foust, Michael (2006-11-09). What happened? Marriage amendment in Arizona likely headed to surprising loss. Baptist Press. Retrieved on 2007-01-22.
- ^ http://www.chicagotribune.com/news/opinion/chi-0611120156nov12,1,7343307.story?coll=chi-opinionfront-hed
- ^ news.yahoo.com, California's top court legalizes gay marriage
- ^ nytimes.com, Gay Couples Rejoice at Ruling
- ^ chicagotribune.com, Calif. court refuses to stall gay marriage
- ^ nytimes.com, Court Won’t Delay Same-Sex Marriages
- ^ latimes.com, California Supreme Court refuses to delay gay marriage
- ^ nytimes.com, Court Won’t Delay Same-Sex Marriages
- ^ Herel, Suzanne (2004-02-14). San Francisco not the first to marry couples of the same gender. San Francisco Chronicle. Retrieved on 2007-01-22.
- ^ Chibbaro, Lou. "D.C. Council expands DP law", Washington Blade, 2008-05-16. Retrieved on 2008-05-17.
- ^ Baehr v. Miike (GIF). Retrieved on 2007-01-22.
- ^ http://www.chicagotribune.com/news/nationworld/chi-gaymarriage_websep01,1,4408589.story Pearson, Rick. Chicago Tribune. "First Iowa gay marriage shows 'love and justice'" August 31, 2007
- ^ Hohenwarter, Emily (2004-10-01). Louisiana marriage amendment passes with 78 percent. Tulane Hullabaloo. Retrieved on 2007-01-21.
- ^ AP (2005-01-19). Louisiana high court reinstates anti-gay marriage amendment. courttv.com. Retrieved on 2007-01-21.
- ^ http://www.hrc.org/Template.cfm?Section=Home&CONTENTID=24869&TEMPLATE=/ContentManagement/ContentDisplay.cfm
- ^ Sorry
- ^ GayWired.com - Cherokee Court Gives Approval for Lesbian Marriage
- ^ http://www.sbe.virginia.gov/cms/documents/2006_Constitutional_Amendments/2006ques_marriage_APPROVED.pdf
- ^ LIS > Code of Virginia > 20-45.3
- ^ Channel3000.com - Politics
[edit] See also
- In general
- In theUnited States
- 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 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
- History of civil marriage in the U.S.
[edit] External links
State by state :
- Domawatch.org ( against same-sex marriage )
- HRC ( in favor of same-sex marriage )
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