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." Since Massachusetts became the first state to legalize same-sex marriage in 2004, other states have redefined their own marriage laws, both for and against same-sex marriage.
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 law 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, 30 states have added amendments banning same-sex unions to their constitutions. There are five states that recognize or will soon recognize 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]
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Below is the status of the law in each of the 50 states, plus the District of Columbia.
State | Marriage | Same-sex unions | Notes | |||||||
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Defined | Result | Civil Unions | Domestic Partnership |
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Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status | |||
Alabama | Yes | Yes | Banned | Banned | No | None | ||||
Alaska | Yes | Yes | Banned | No | None | No | None | Petitions are made to start a ban ballot on civil unions too, but have all failed over the years. | ||
Arizona | Yes | Yes | Banned | No | None | No | None | |||
Arkansas | Yes | Yes | Banned | Banned | No | None | ||||
California | Yes | Yes (°) | Banned Ban upheld by California Supreme Court.[3] Ban overturned by the District Court for Northern California, ruling stayed pending appeal. |
Yes; Conditional | No | None |
No | Yes | Main article: Same-sex marriage in California
Originally in 1999 under a passed law granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over the years that now has virtually nearly all the legal rights, duties and responsibilities of marriage in California - just as Nevada, Oregon and Washington state have done just next door. Now a domestic partnership in California is the same as another states civil union scheme (e.g. Hawaii-eff. 2012, Delaware-eff. 2012, Illinois, New Jersey and Rhode Island). |
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Colorado | Yes | Yes | Banned | No | Failed (Still Proposed) | Yes | few rights in a designated beneficiary agreement | On November 2006 ballot, Colorado banned marriage but rejected a referendum to allow a "civil union"-like domestic partnership, sustained by a constitutional amendment. See also this table. In 2011, the Civil Union Bill passed the state Senate by a vote of 23-12.[4] The state House Committee rejected the bill by a vote of 5-6, because the Republican party have a one-seat majority in the House.[5] In 2012, it is expected that the same bill will pass the floor of the state Senate again and come to a state House Committee vote again, however it is hard to say if the same bill will pass both the 2 state House Committees and on the voting floor of the state House.[6] | ||
Connecticut | No | No | Legal* by Supreme Court decision, then by legislation. |
Yes | Converted into civil marriage on 1 October 2010 | Converted into civil marriage on 1 October 2010 | None | None | Main article: Same-sex marriage in Connecticut Connecticut allows full civil marriage licences to same-sex couples since November 2008 and all civil unions converted into civil marriage on 1 October 2010. |
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Delaware | No | Yes | Not legal | Yes, only as civil unions (effective 1.1.2012 at 10am) | Yes (effective from 1.1.2012 at 10am, just like Hawaii). | Yes (Effective 1/1/2012 at 10am - just like Hawaii) | No | None | The 2011 Delaware state Legislature passed and the Governor signed the Civil Union Act 2011 into law on May 2011. The civil union law will become effective from 1.1.2012 at 10am - just like Hawaii. | |
District of Columbia | No | No | Legal | Yes | No | None | No | Legal* | Main article: Same-sex marriage in the District of Columbia
Domestic partnerships were enacted in 1992; implemented from 2002 and then expanded from 2003 to 2009. Same-sex marriages were legalized on December 18, 2009 and marriages began on March 9, 2010. |
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Florida | Yes | Yes | Banned | Banned | No | None | ||||
Georgia | Yes | Yes | Banned | Banned | No | None | ||||
Hawaii | Yes | Yes | Ban permitted Not legal. |
No, banned under statute since 1998. | Yes, effective from 1.1.2012 midnight just like Delaware. | Yes (Effective midnight 1/1/12 just like Delaware) |
No | Legal* | Minimal benefits, available to all adults, including relatives; official terminology is reciprocal beneficiary relationship*.[2] Civil Union Act 2011 No 1 has been approved on February 2011 in the 2011 Hawaii State Legislature and signed into law by the Governor, effective midnight from 1.1.2012 - just like Delaware. |
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Idaho | Yes | Yes | Banned | Banned | No | None | ||||
Illinois | No | Yes | Not legal | Yes, as civil unions only | Yes. | Yes | No | None | Petitions are made to start a ban ballot have been unsuccessful in all Legislative sessions. The Civil Unions And Religious Freedoms And Protections Act passed the 2010 Illinois Legislature in just 2 days, got signed into law on January 28, 2011 by the Governor and became effective from June 1, 2011. See Civil union in the United States#Illinois. | |
Indiana | No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative to start a ban ballot voted on and passed in the 2011 Legislative session and must pass again in the same format in the next legislative session. | |
Iowa | No | No | Legal* by Supreme Court decision |
Yes | No | None | No | None | Main article: Same-sex marriage in Iowa In August 2007, Polk County judge ruled Iowa's statutory ban on same-sex marriage was unconstitutional, but ruling was quickly stayed and appealed. On appeal, the Iowa Supreme Court upheld the Polk County ruling in the case of Varnum v. Brien. Legislative initiative to begin constitutional ban ballot process was unsuccessful in 2009. Republicans will continue to try to push for these ballot bans in the next Legislative sessions, while the Democrats will continue to oppose ballot bans in the next legislative sessions. |
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Kansas | Yes | Yes | Banned | Banned | None | |||||
Kentucky | Yes | Yes | Banned | Banned | No | None | ||||
Louisiana | Yes | Yes | Banned | Banned | No | None | ||||
Maine | No (but proposed by Republicans) | Banned by statute since 1997 and was rejected by "the people's veto" in 2009. | No (rejected by "the people's veto" in 2009) | No/Yes, only as domestic partnerships. | No | None | Yes (both opposite sex and same sex since 2004) | Legal* | Main article: Domestic partnership in Maine The Maine Domestic Partnership Act came into effect on July 30, 2004.[1] |
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Maryland | No | Yes | Not legal* Same-Sex Marriage Postponed until 2012 | Not legal, but recognised since 2010. | No | None | Few rights, unregistered domestic partnerships provide certain limited legal rights - just like Colorado, Maine and Wisconsin. | Legal* | 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] Since 2010 same sex marriage has been recognised in Maryland. In 2011, the Maryland Senate passed by a vote of 25-21 the Civil Marriage Equality and Religious Protections Bill 2011, the Maryland House failed to pass the bill into law because of time limits, delays in debating and filibusters – However the same bill will be voted on in the 2012 Maryland Legislative Session. |
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Massachusetts | No | No | Legal* by Supreme Court decision |
Yes. | No | None | No | None | Main article: Same-sex marriage in Massachusetts |
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Michigan | Yes | Yes | Banned | Banned | Banned* by Supreme Court decision |
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Minnesota | No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative and petitions are made to start a ban ballot. Following the 2011 Minnesota Legislature vote, there will be constitutional amendment to define marriage as: a marriage can only be between a man and a woman under the laws of this state written into the Minnesota Constitution on November 2012. | |
Mississippi | Yes | Yes | Banned | No | None | No | None | |||
Missouri | Yes | Yes | Banned | No | None | No | None | |||
Montana | Yes | Yes | Banned | No | None | No | None | |||
Nebraska | Yes | Yes | Banned | Banned | Banned | |||||
Nevada | Yes | Yes | Banned | No | No | Yes | Yes | Domestic partnership legislation in Nevada is similar to CA, OR and WA models. | ||
New Hampshire | No | No | Legal | Yes | Converted into civil marriage on 1 January 2011. | Converted into civil marriage on 1 January 2011. | No | None | Since 1.1.2010, New Hampshire allows full civil marriage licences to same-sex couples and all civil unions automatically converted into civil marriage a year later. | |
New Jersey | No | No* | Proposed | As civil unions |
No | Legal | No | No more but present valid ones allowed. |
Main article: Same-sex marriage in New Jersey The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court, in Lewis v. Harris, required the New Jersey Legislature to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples.[7] A bill now allows civil unions that will supersede domestic partnerships. These are no more applied but may remain for the present ones. |
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New Mexico | No | No | None | None | No | None | No | None | Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). | |
New York | Yes | Yes | Legal | Yes. | No | None | No | None | Main article: Same-sex marriage in New York The Marriage Equality Act 2011 passed the 2011 New York State Legislature (after a 33-29 vote in the NY state Senate) on 24/6/2011[8] and then two hours later the bill got signed into law by the Governor and became effective 30 days later. |
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North Carolina | No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative and petitions are made to start a ban ballot. Following the 2011 North Carolina Legislature vote, there will be constitutional amendment to define marriage as: a marriage can only be between a man and a woman in this state under the laws of this state written into the North Carolina Constitution on May 2012, during the primary election.[9] | |
North Dakota | Yes | Yes | Banned | Banned | No | None | ||||
Ohio | Yes | Yes | Banned | Banned | No | None | ||||
Oklahoma | Yes | Yes | Banned | Banned | No | None | ||||
Oregon | Yes | No | Banned* | No | Legal |
No | Yes | Main article: Same-sex marriage in Oregon Domestic partnership legislation in Oregon is very similar to the CA, NV and WA models. |
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Pennsylvania | No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative to start a ban ballot voted on and passed in the 2011 Legislative session and must pass again in the same format in the next legislative session. | |
Rhode Island | No | No | Proposed | Yes, as civil unions. | Yes | Yes | No | None | Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). Does not award marriage licenses, but does extend limited rights to same-sex couples.[2] Now this is the basis on which RI will recognize the same-sex couples married in Massachusetts according to the Attorney General. The Civil Union Act 2011 passed the 2011 Rhode Island state Legislature on 28 June 2011 and was signed into law on July 2, 2011 by the Governor and was made retrospective from 1 July 2011. | |
South Carolina | Yes | Yes | Banned | Banned | Yes | None | ||||
South Dakota | Yes | Yes | Banned | Banned | Banned | |||||
Tennessee | Yes | Yes | Banned | No | None | No | None | |||
Texas | Yes | Yes | Banned | Banned | No | None | ||||
Utah | Yes | Yes | Banned | Banned | No | None | ||||
Vermont | No | No | Legal[10] | Yes | No | Between 2000 to 2009 only but present valid ones allowed. |
No | None | Vermont allows full civil marriage licences to same-sex couples since 2009 after the Civil Marriage Equality And Religious Freedoms Bill passed the 2009 Vermont Legislature, then the Governor Jim Douglas vetoed the bill and then the veto was overridden. Civil unions are still recognised between 2000 to 2009, but after 2009 can not be performed - also there is no "conversion into civil marriage" (as both CT and NH have done next door). Vermont practically invented the term "civil union" in 1999 after the court case of Baker v. Vermont. Then in the following year passing the Civil Union Bill in the 2000 Vermont Legislature and got signed into law by then Governor Howard Dean. | |
Virginia | Yes | Yes | Banned | Banned | Banned | |||||
Washington | No | Yes | Not legal * |
Yes, as domestic partnerships. | No | None | Yes | Legal | Main article: Same-sex marriage in Washington A law passed in 2007 to establish domestic partnerships similar to CA, OR and NV models and then in 2008 the domestic partnership law expanded. The 2009 reforms called the "all-but-marriage law" came into effect from December 3, 2009 was approved by 53 percent of voters under Washington Referendum 71 (2009). In July 2011, a law passed that will allow same-sex marriage and other same-sex unions (such as civil unions or domestic partnerships) from another state to be recognised as domestic partnerships under WA state law[11] In 2012, there is a possible house vote on legislation to allow same sex marriage, however the bill could stall in the Washington state Senate.[12] |
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West Virginia | No | Yes | Not legal | Not legal | No | None | No | None | Petitions are made to start a ban ballot, however that is not possible due to the Democrats controlling both houses. | |
Wisconsin | Yes | Yes | Banned | Banned | Yes | Yes | Domestic partnerships provide certain limited legal rights, just like the Maine, Maryland and Colorado models. | |||
Wyoming | No | Yes | Not legal | Not legal | No | None | No | None | State law pre-dates DOMA.[1] | |
State | Marriage | Same-sex unions | Notes | |||||||
Defined | Result | Civil Unions | Domestic Partnership |
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Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status |
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