Same-sex marriage status in the United States by state

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]

Contents

State-by-state listing

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

State Marriage Same-sex unions Notes
Defined Result Civil Unions Domestic
Partnership
Constitution Statute Licenses Recogn. Def. Status Def. Status
Alabama Yes Yes Banned Banned No None
Alaska Yes Yes Banned No None No None Petitions are made to start a ban ballot on civil unions too, 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).

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.

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.

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.

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.

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]
Same-sex couple who married elsewhere may register their marriage as a domestic partnership. In 2009, the "people's veto" won by 52.9 percent in November and repealed the recently passed same sex marriage that passed the Maine Legislature and got signed into law.

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.

Massachusetts No No Legal* by
Supreme
Court
decision
Yes. No None No None Main article:
Same-sex marriage in Massachusetts
Michigan Yes Yes Banned Banned Banned* by
Supreme
Court
decision
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.

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.
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.

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]

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
Constitution Statute Licenses Recogn. Def. Status Def. Status

See also

LGBT portal
United States portal

In general

In USA

References

  1. ^ a b c d Stateline.org 50-state rundown on gay marriage laws Accessed November 4, 2008
  2. ^ a b c Human Rights Campaign State by State Information Accessed November 14, 2006
  3. ^ "California high court upholds same-sex marriage ban - CNN.com". CNN. May 27, 2009. http://www.cnn.com/2009/US/05/26/california.same.sex.marriage/index.html. Retrieved 2010-05-23. 
  4. ^ [1]
  5. ^ [2]
  6. ^ [3]
  7. ^ http://www.judiciary.state.nj.us/opinions/supreme/a-68-05.pdf
  8. ^ "New York moves to become 6th state to legalize gay marriage". CNN. 25 June 2011. http://edition.cnn.com/2011/POLITICS/06/24/new.york.gay.marriage/. 
  9. ^ [4]
  10. ^ "Vermont Legalizes Gay Marriage". WCAX-TV. 2009-04-07. http://www.wcax.com/Global/story.asp?S=10143110. Retrieved 2009-04-07. 
  11. ^ [5]
  12. ^ [6]