Same-sex marriage legislation in the United States by state
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.
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")
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.
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.
No marriage license shall be issued in the State of Alabama to parties of the same sex.
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.
The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
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.
November 3, 1998: The state's voters amended the constitution
to require that all marriages be between a man and a woman.
Texts :
To be valid or recognized in this State, a marriage may exist only between one man and one woman.
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.
, were granted a marriage license
by a county clerk on January 7. The Arizona Supreme Court
, citing the Bible
, voided and revoked the marriage license. The state legislature passed a bill specifically defining marriage as being between a man and a woman.
September 2006: The Arizona Supreme Court ruled that a proposition that would amend the state constitution, to define marriage as between a man and a woman, would be allowed on the ballot.
November 2006: Well past midnight on election night, the marriage amendment was flipping between a narrow margin for or against. The final outcome of 51% (including absentee ballots) opposing the amendment made Arizona the first state where voters defeated a constitutional amendment defining marriage as between one man and one woman. Conservative groups have said that, considering the relatively small margin by which it failed, the result was more likely due to confusing ballot language than an indication of changing public opinion. An already-existing statutory ban on same-sex marriage was unaffected and remained current state law.
In the 2008 general election, a proposed amendment was approved, amending Arizona's Constitution to explicitly deny recognition of same-sex marriage.
Texts :
1. Marriage
Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
§ 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.
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.
Section 9-11-107. Same sex marriage void
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Section 9-11-109. Validity of foreign marriages
(a) All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
(b) This section shall not apply to a marriage between persons of the same sex.
Section 9-11-208. 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.
Citing its own 1948 decision that reversed the interracial-marriage ban, the 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%). The 2006 census indicated that California had an estimated 108,734 same-sex households.
The California Office of Vital Records announced on May 28, 2008, that it planned to start issuing marriage licenses to same-sex couples on June 17, 2008. The Office of Vital Records chose the date of June 17 so it would be prepared if the supreme court's May 15 decision was not stayed.
Same-sex marriage opponents gathered sufficient signatures to place a constitutional amendment, Proposition 8
, on the November 2008 ballot, to define marriage as being between a man and woman. The proposition passed.
The California Supreme Court upheld Proposition 8 on May 26, 2009, but ruled that the 18,000 same-sex marriages already performed remain valid. Later, the Marriage Recognition and Family Protection Act was signed by Governor Arnold Schwarzenegger, which grants all out-of-state same-sex marriages the benefits of marriage under California law, although only those performed before November 5, 2008 are granted the designation "marriage".
On August 4, 2010, the U.S. District Court for the Northern District of California announced its decision in favor of the plaintiffs in Perry v. Schwarzenegger
, thus overturning Proposition 8 based on the Due Process Clause and the Equal Protection Clause
. Judge Walker's decision concluded that California had no rational basis or vested interest in denying gays and lesbians marriage licenses. Same-sex marriage was permitted to resume on August 18, but the district court's stay was continued by the appeals court, pending completion of appeal.
Texts :
California Constitution - Article I. Declaration of rights.
Section 7.5. - Only marriage between a man and a woman is valid or recognized in California.
Texts :
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 of same-sex marriage. However certain/few rights are granted to domestic partners through a designated beneficiary agreement since 1 July 2009.
issued a 4-3 ruling, which took effect on November 12, that denial of same-sex marriage is a violation of the Connecticut state constitution's guarantees of due process and equal protection. Six months later, the Connecticut legislature
passed a law to make Connecticut's marriage laws gender neutral, affirming the court's ruling.
Texts:
A marriage between two persons entered into in this state and recognized as valid in this state may be recognized as a marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, in another state or jurisdiction if one or both persons travel to or reside in such other state or jurisdiction.
Other relationships recognition from other jurisdictions for same-sex couples as: Marriage
Other relationship recognition for same-sex couples : Civil unions in Connecticut (expires on the 1 October 2010)
(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.
No marriage license or explicit prohibition from other jurisdictions for same-sex couples, however since 6 July 2009 DC does recognize same-sex marriages that were performed in a state or country where they are legal.
Other relationship recognition for same-sex couples: Domestic partnership in the District of Columbia.
Texts :
Section 27. Marriage defined. - Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.
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.
Texts :
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.
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.
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).
1998: Hawaii's voters amend their Constitution to permit the legislature to restrict marriage to men and women only, but the wording of the amendment and the subsequent bill which did so allows the possibility of civil unions.
In April 2010 the Civil Union Bill (or HB444) passed both Houses. On July 9, 2010, Republican Gov. Linda Lingle vetoed the bill.
Texts : Article 1, Bill of Rights, § 23 MARRIAGE Section 23. The legislature shall have the power to reserve marriage to opposite-sex couples. (Added by HB 117 (1997) and election Nov 3, 1998)
572-1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that: (followed by conditions (1) to (7), such as blood relations, age, licensing, etc.)
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.
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.
572C-1 Purpose The purpose of this chapter is to extend certain rights and benefits which are presently available only to married couples to couples composed of two individuals who are legally prohibited from marrying under state law. (Laws 1997)
)
Text :
A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state
§ 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.
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, the bill has not moved. Also in 2009, The Equal Marriage Act, Bill 2468, was introduced in the Senate by Senator Heather Steans
(D)-Chicago
. This is the first time a same-sex marriage bill has been introduced to Illinois Senate. The bill would provide eligible same-sex and opposite-sex couples with the same treatment as those in a civil marriage. Senate Bill 2468 states that the current state laws relating to marriage discriminate against same sex couples. It changes the statute by saying "that a marriage is between 2 persons (rather than, a man and a woman)." The bill has not moved.
Texts :
Illinois Compiled Statutes
A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.
(a) The following marriages are prohibited:... ... (5) a marriage between 2 individuals of the same sex.
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.
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.
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 30, 2007.
On April 3, 2009, the Iowa Supreme Court unanimously upheld Hanson's ruling
and nullified the statute prohibiting same-sex marriage. Licenses became available on April 27.
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.
(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.
(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.
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.
the court declared 'The claim of religious freedom cannot be extended to make the professed doctrines superior to the law of the land and in effect to permit every citizen to become a law unto himself...We do not consider the refusal to issue the license a punishment"
Texts :
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.
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.
January 19, 2005: The Louisiana Supreme Court reinstated the anti-gay marriage amendment to the state constitution.
April 21, 2009: A same-sex couple files a federal lawsuit against state and local officials after being denied a marriage license in New Orleans.
Texts :
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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §650, as enacted by PL 1997, c. 65, §2, is repealed.
Sec. 2. 19-A MRSA §650-A is enacted to read:
§ 650-A. Codification of marriage
Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships, including, but not limited to, "spouse," "family," "marriage," "immediate family," "dependent," "next of kin," "bride," "groom," "husband," "wife," "widow" and "widower," must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law.
Sec. 3. 19-A MRSA §650-B is enacted to read:
§ 650-B. Recognition of marriage licensed and certified in another jurisdiction
A marriage of a same-sex couple that is validly licensed and certified in another jurisdiction is recognized for all purposes under the laws of this State.
Sec. 4. 19-A MRSA §651, sub-§2, as amended by PL 1997, c. 537, §12 and affected by §62, is further amended to read:
2. Application. The parties wishing to record notice of their intentions of marriage shall submit an application for recording notice of their intentions of marriage. The application may be issued to any 2 persons otherwise qualified under this chapter regardless of the sex of each person. The application must include a signed certification that the information recorded on the application is correct and that the applicant is free to marry according to the laws of this State. The applicant's signature must be acknowledged before an official authorized to take oaths. Applications recording notice of intentions to marry must be open for public inspection in the office of the clerk. When the application is submitted, the applicant shall provide the clerk with the social security numbers of the parties. The application must include a statement that the social security numbers of the parties have been provided to the clerk. The clerk shall record the social security numbers provided by each applicant. The record of the social security numbers is confidential and is not open for public inspection.
Sec. 5. 19-A MRSA §655, sub-§3 is enacted to read:
3. Affirmation of religious freedom. This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.
On May 6, 2009, after the Senate gave a final vote on enactment, Governor John Baldacci
signed the bill into law. Baldacci became the first governor in the nation to sign a same-sex marriage bill that was not the result of a court decision. Maine became the fifth state in the United States to authorize same-sex marriage. The law shall take effect 90 days after the Legislature adjourns, which would probably put date of effect around September 14, 2009, unless the law is suspended pending a people's veto referendum.
On May 7, 2009, opponents of the law submitted the required paperwork necessary to launch a people's veto
campaign, which would put the issue on a statewide ballot in November 2009 or June 2010. To succeed in putting the question on the ballot, they will have to get at least 55,087 valid signatures within 90 days after the adjournment of the Legislature, which is expected to occur in mid-June. The law would then be put on hold until after the statewide vote. The proponents of the people's veto sought to submit signatures earlier, by the first week of August, in order for there to be enough time to hold the veto referendum in November 2009.
On November 3, 2009, the issue was put on a statewide ballot. The following day, it was made official that opponents of gay marriage successfully vetoed the gay marriage legislation.
DOMESTIC PARTNERSHIP laws
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
§ 2-201. Only a marriage between a man and a woman is valid in this State.
No marriage license or recognition. However certain/few rights are granted to domestic partners through unregistered cohabitation since 1 July 2008.
, the Massachusetts Supreme Judicial 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
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.
rules in Baker v. Nelson
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". The United States Supreme Court dismissed the plaintiffs' appeal "for want of substantial federal question."
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.
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.
(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.
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.
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.
Texts :
Section 7. Marriage Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.
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.
, thus overturning Nebraska Initiative Measure 416
based on the Equal Protection Clause
, the First Amendment
, and the Contract Clause
's prohibition on bills of attainder
. Judge Joseph F. Bataillon
's decision concluded that Nebraska had no rational basis in denying gays and lesbians marriage licenses. On July 14, 2006, the United States Court of Appeals for the Eighth Circuit
overturned Judge Bataillon's decision and ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."
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.
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 and no marriage recognition from other jurisdictions for same-sex couples - However domestic partnerships are legally available.
Text:
457:1-a Equal Access to Marriage. – Marriage is the legally recognized union of 2 people. Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated ""bride, ""groom, or ""spouse. Source. 2009, 59:1, eff. Jan. 1, 2010.
457:2 Marriages Prohibited. – No person shall marry his or her father, mother, father's brother, father's sister, mother's brother, mother's sister, son, daughter, brother, sister, son's son, son's daughter, daughter's son, daughter's daughter, brother's son, brother's daughter, sister's son, sister's daughter, father's brother's son, father's brother's daughter, mother's brother's son, mother's brother's daughter, father's sister's son, father's sister's daughter, mother's sister's son, or mother's sister's daughter. No person shall be allowed to be married to more than one person at any given time.
Source. RS 147:2. CS 156:2. GS 161:2. 1869, 9:2. GL 180:2. PS 174:2. PL 286:2. RL 338:2. RSA 457:2. 1965, 46:1. 1987, 218:2, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.
457:1 Purpose and Intent. – The purpose of this chapter is to affirm the right of 2 individuals desiring to marry and who otherwise meet the eligibility requirements of this chapter to have their marriage solemnized in a religious or civil ceremony in accordance with the provisions of this chapter.
Source. RS 147:1. CS 156:1. GS 161:1. 1869, 9:1. GL 180:1. PS 174:1. PL 286:1. RL 338:1. RSA 457:1. 1987, 218:1, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.
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 457:2 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 457:2 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.
Source. RS 147:3. CS 156:3. GS 161:3. GL 180:3. PS 174:3. PL 286:3. RL 338:3. RSA 457:3. 1965, 252:1. 1973, 145:6. 2004, 100:1, eff. May 14, 2004. 2009, 59:1, eff. Jan. 1, 2010.
457:4 Marriageable. – No male below the age of 14 years and no female below the age of 13 years shall be capable of contracting a valid marriage that is entered into by one male and one female, and all marriages contracted by such persons shall be null and void. No male below the age of 18 and no female below the age of 18 shall be capable of contracting a valid marriage between persons of the same gender, and all marriages contracted by such persons shall be null and void.
Source. 1907, 80:1. PL 286:4. RL 338:4. 2009, 59:2, eff. Jan. 1, 2010.
457:46 Obtaining Legal Status of Marriage. –
Source. 2009, 59:5, eff. Jan. 1, 2010; 61:3, eff. Jan. 1, 2010 at 12:02 a.m.
'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
, county clerk of Sandoval County, New Mexico
, announced that she would begin issuing same-sex marriage licenses because New Mexico
marriage law does not mention gender.
The first same-sex marriages in Sandoval County were performed later the same day. Later, in a letter, New Mexico state attorney general Patricia Madrid said she thought the marriage licenses would be "invalid under state law", but she declined to prepare an official opinion on the topic. The Sandoval County clerk's office stopped issuing the marriage licenses later the same day it began issuing them. In the interim, 66 such licenses had been issued. The marriages were never decreed invalid by any judicial or legislative authority and on August 9, 2010, a Santa Fe judge ruled that at least one of 66 marriage licenses issued by the Sandoval County clerk to gay and lesbian couples remains valid and subject to divorce action.
No explicit texts on same-sex marriages. Licences stopped.
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
on June 19, 2007, but died in the New York State Senate
and was returned to the Assembly. No further action has been taken on the bill.
A bill permitting same-sex marriage was passed by the state legislature and signed into law on June 24, 2011; it took effect on July 24, 2011.
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.
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.
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.
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 :
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.
§ 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.
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. 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 :
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.
§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.
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: Domestic partnerships since 4/2/2008
Other relationship recognition from other jurisdictions for same-sex couples : ?
§ 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.
State Senator John Eichelberger
plans to introduce a constitutional amendment banning same-sex marriage in Pennsylvania.
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.
No explicit texts on same-sex marriages.
No marriage license
Other relationship recognition for same-sex couples : Civil Unions in Rhode Island
Marriage and other relationships recognition from other jurisdictions for same-sex couples as : Civil Unions in Rhode Island
Texts :
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.
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.
Texts :
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.
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.
passed by a margin of 81% to 19%.
Texts :
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.
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.
(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.
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. (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:
(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.
Exception: In the jurisdiction covered by the 4th Texas Court of Appeals, two people of the same gender can marry if one of them is transgendered based on Littleton v. Prange that defines that a person's sex is determined by birth.
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 since then he has promised to introduce a Reciprocal Benefits Bill 2009 (similar to Colorado laws) in 2009.
Texts:
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.
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.
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 union
s 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.
2009: On April 3, the House passed the bill 95-52, four votes shy of a veto-proof majority. On April 6, the Vermont State Senate approved the amendments made by the House and presented the revised bill to the governor, who immediately vetoed it. On April 7, the veto was overridden by the Legislature, with the Senate voting 23-5 in favor of an override and the House voting 100-49. The law went into effect on September 1, 2009.
Texts from the Vermont statutes:
§ 8. Marriage definition.
Marriage is the legally recognized union of any two (2) adult persons.
§ 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.
Marriage licenses are provided for any two (2) adult persons.
Other relationship recognition for same-sex couples : Marriage
.
Other relationships recognition from other jurisdictions for same-sex couples as : Marriage
is amended to prohibit marriage between persons of the same sex.
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 union
s 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.
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 took effect in 2007.
Texts :
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.
§ 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.
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 and extented in 2008 and 2009, to all areas of statutes with the exception as shown above. See Domestic partnership in Washington
.
§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.
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%.
In June 2009, the Wisconsin Assembly and Senate both passed the biennial state budget which includes limited domestic partnership protections for the state’s same-sex couples - it went into effect on 3 August 2009.
Texts :
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.
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 licenses, no civil unions either - However certain limited rights in a domestic partnership are legally provided in Wisconsin and is recognised from other jurisdictions for same-sex couples.
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.
In the United States
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
regarding same-sex marriage. The texts are following.
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")
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.
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.
No marriage license shall be issued in the State of Alabama to parties of the same sex.
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.
The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
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.
Alaska
February 27, 1998: Alaska Superior Court judge Peter Michalski ruled 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 the constitution
Alaska Ballot Measure 2 (1998)
Ballot Measure 2 of 1998 is a ballot measure that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the...
to require that all marriages be between a man and a woman.
Texts :
To be valid or recognized in this State, a marriage may exist only between one man and one woman.
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.
Arizona
1975: Two men from Phoenix, ArizonaPhoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
, were granted a marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
by a county clerk on January 7. The Arizona Supreme Court
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
, citing the Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
, voided and revoked the marriage license. The state legislature passed a bill specifically defining marriage as being between a man and a woman.
September 2006: The Arizona Supreme Court ruled that a proposition that would amend the state constitution, to define marriage as between a man and a woman, would be allowed on the ballot.
November 2006: Well past midnight on election night, the marriage amendment was flipping between a narrow margin for or against. The final outcome of 51% (including absentee ballots) opposing the amendment made Arizona the first state where voters defeated a constitutional amendment defining marriage as between one man and one woman. Conservative groups have said that, considering the relatively small margin by which it failed, the result was more likely due to confusing ballot language than an indication of changing public opinion. An already-existing statutory ban on same-sex marriage was unaffected and remained current state law.
In the 2008 general election, a proposed amendment was approved, amending Arizona's Constitution to explicitly deny recognition of same-sex marriage.
Texts :
1. Marriage
Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
§ 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.
Arkansas
Texts :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.
Section 9-11-107. Same sex marriage void
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Section 9-11-109. Validity of foreign marriages
(a) All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
(b) This section shall not apply to a marriage between persons of the same sex.
Section 9-11-208. 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.
California
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 its own 1948 decision that reversed the interracial-marriage ban, the California Supreme Court (in a 4-3 ruling, penned by Chief Justice Ronald George
Ronald M. George
Ronald Marc George is the retired 27th Chief Justice of California, where he headed the Supreme Court of California and the Judicial Council of California...
) struck down California's 1977 one-man, one-woman marriage law and a similar voter-approved 2000 law (passed with 61%). The 2006 census indicated that California had an estimated 108,734 same-sex households.
The California Office of Vital Records announced on May 28, 2008, that it planned to start issuing marriage licenses to same-sex couples on June 17, 2008. The Office of Vital Records chose the date of June 17 so it would be prepared if the supreme court's May 15 decision was not stayed.
Same-sex marriage opponents gathered sufficient signatures to place a constitutional amendment, Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
, on the November 2008 ballot, to define marriage as being between a man and woman. The proposition passed.
The California Supreme Court upheld Proposition 8 on May 26, 2009, but ruled that the 18,000 same-sex marriages already performed remain valid. Later, the Marriage Recognition and Family Protection Act was signed by Governor Arnold Schwarzenegger, which grants all out-of-state same-sex marriages the benefits of marriage under California law, although only those performed before November 5, 2008 are granted the designation "marriage".
On August 4, 2010, the U.S. District Court for the Northern District of California announced its decision in favor of the plaintiffs in Perry v. Schwarzenegger
Perry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
, thus overturning Proposition 8 based on the Due Process Clause and the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
. Judge Walker's decision concluded that California had no rational basis or vested interest in denying gays and lesbians marriage licenses. Same-sex marriage was permitted to resume on August 18, but the district court's stay was continued by the appeals court, pending completion of appeal.
Texts :
California Constitution - Article I. Declaration of rights.
Section 7.5. - Only marriage between a man and a woman is valid or recognized in California.
Colorado
- 2009: Since midnight July 1, 2009 unmarried couples are able to enter a designated beneficiary agreement which will grant them limited rights, including making funeral arrangements for each other, receiving death benefits, and inheriting property without a will.
- 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.
- 1975: Clela Rorex, county clerk of Boulder County, ColoradoBoulder County, ColoradoBoulder County is the sixth most populous of the 64 counties of the state of Colorado of the United States. The county seat is Boulder. The most populous municipality in the county and the county seat is the City of Boulder...
, 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. A law was quickly enacted to prohibit gay marriages.
Texts :
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 of same-sex marriage. However certain/few rights are granted to domestic partners through a designated beneficiary agreement since 1 July 2009.
Connecticut
On October 10, 2008, the Connecticut Supreme CourtConnecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...
issued a 4-3 ruling, which took effect on November 12, that denial of same-sex marriage is a violation of the Connecticut state constitution's guarantees of due process and equal protection. Six months later, the Connecticut legislature
Connecticut General Assembly
The Connecticut General Assembly is the state legislature of the U.S. state of Connecticut. It is a bicameral body composed of the 151-member House of Representatives and the 36-member Senate. It meets in the state capital, Hartford. There are no term limits for either chamber.During...
passed a law to make Connecticut's marriage laws gender neutral, affirming the court's ruling.
Texts:
A marriage between two persons entered into in this state and recognized as valid in this state may be recognized as a marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, in another state or jurisdiction if one or both persons travel to or reside in such other state or jurisdiction.
Other relationships recognition from other jurisdictions for same-sex couples as: Marriage
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
Other relationship recognition for same-sex couples : Civil unions in Connecticut (expires on the 1 October 2010)
Delaware
Texts :(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.
District of Columbia
- On December 1, 2009 the Religious Freedom And Civil Marriage Equality Amendment Act 2009 passed by a vote of 11-2 on the
No marriage license or explicit prohibition from other jurisdictions for same-sex couples, however since 6 July 2009 DC does recognize same-sex marriages that were performed in a state or country where they are legal.
Other relationship recognition for same-sex couples: Domestic partnership in the District of Columbia.
Florida
November 4, 2008: Florida voters approve a ballot measure that amends the state constitution to limit marriage to opposite-sex couples and ban civil unions. The amendment says, “Inasmuch as marriage is the legal union of only one man and one woman, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”Texts :
Section 27. Marriage defined. - Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.
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.
Georgia
July 6, 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.Texts :
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.
Hawaii
1996: The Hawaii State Supreme CourtHawaii State Supreme Court
The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions of the trial courts in which appeals have been granted...
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).
1998: Hawaii's voters amend their Constitution to permit the legislature to restrict marriage to men and women only, but the wording of the amendment and the subsequent bill which did so allows the possibility of civil unions.
In April 2010 the Civil Union Bill (or HB444) passed both Houses. On July 9, 2010, Republican Gov. Linda Lingle vetoed the bill.
Texts : Article 1, Bill of Rights, § 23 MARRIAGE Section 23. The legislature shall have the power to reserve marriage to opposite-sex couples. (Added by HB 117 (1997) and election Nov 3, 1998)
- Statutes,
572-1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that: (followed by conditions (1) to (7), such as blood relations, age, licensing, etc.)
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.
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.
- Statutes,
572C-1 Purpose The purpose of this chapter is to extend certain rights and benefits which are presently available only to married couples to couples composed of two individuals who are legally prohibited from marrying under state law. (Laws 1997)
Idaho
November 7, 2006: Idaho voters approved a state constitutional amendment barring same-sex marriage. (Idaho Amendment 2 (2006)Idaho Amendment 2 (2006)
Idaho Amendment 2 of 2006 is an amendment to the Idaho Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions...
)
Text :
A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state
§ 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.
Illinois
In 2007, 2008 and 2009 state representative Greg HarrisGreg Harris (Illinois)
Gregory S. Harris is a Democratic member of the Illinois House of Representatives, having represented the state's 13th district since 2007. He was elected in November 2006, having been selected by the 13th district's Democratic ward committeemen to replace Larry McKeon as the party's nominee on the...
introduced the Religious Freedom and Marriage Fairness Act to the Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
State House of Representatives, in order to implement same-sex marriages in the legislation, the bill has not moved. Also in 2009, The Equal Marriage Act, Bill 2468, was introduced in the Senate by Senator Heather Steans
Heather Steans
Heather Steans is a Democratic member of the Illinois Senate, representing the 7th district. She was appointed after winning a controversial special primary election that followed the mid-term resignation of her predecessor, Senator Carol Ronen...
(D)-Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
. This is the first time a same-sex marriage bill has been introduced to Illinois Senate. The bill would provide eligible same-sex and opposite-sex couples with the same treatment as those in a civil marriage. Senate Bill 2468 states that the current state laws relating to marriage discriminate against same sex couples. It changes the statute by saying "that a marriage is between 2 persons (rather than, a man and a woman)." The bill has not moved.
Texts :
Illinois Compiled Statutes
A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.
(a) The following marriages are prohibited:... ... (5) a marriage between 2 individuals of the same sex.
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.
Indiana
Texts :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.
Iowa
Texts :- IOWA CODE - TITLE XV. Judicial Branch and judicial procedures - SUBTITLE 1. Domestic relations
This law was ruled to be unconstitutional by Polk County
Polk County, Iowa
Polk County is a county located in the U.S. state of Iowa. The population was 430,640 in the 2010 census, an increase from 374,601 in the 2000 census. The county seat is Des Moines, which is also the capital city of Iowa...
judge Robert Hanson on August 30, 2007.
On April 3, 2009, the Iowa Supreme Court unanimously upheld Hanson's ruling
Varnum v. Brien
Varnum v. Brien, 763 N.W.2d 862 , is an Iowa court case in which six same-sex couples filed suit against Timothy Brien, Polk County Recorder, for refusing to grant marriage licenses to them...
and nullified the statute prohibiting same-sex marriage. Licenses became available on April 27.
Tim McQuillan and Sean Fritz, Iowa State University
Iowa State University
Iowa State University of Science and Technology, more commonly known as Iowa State University , is a public land-grant and space-grant research university located in Ames, Iowa, United States. Iowa State has produced astronauts, scientists, and Nobel and Pulitzer Prize winners, along with a host of...
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.
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.
Kentucky
In 1970 Marjorie Jones & Tracy Knight were denied a marriage license by the county clerk who refused upon seeking advice from the district attorney. On November 9, 1973, the Kentucky Court of Appeals (at the time the states highest court of appeals) unanimously ruled that members of the same sex do not have a right to marry, even though the law of Kentucky at the time did not specifically define it as between a man and a woman, the court found that the definition of marriage had never included members of the same sex, noting that churches kept records before the state issued any marriage licenses. Citing Reynolds v. United StatesReynolds v. United States
Reynolds v. United States, , was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment...
the court declared 'The claim of religious freedom cannot be extended to make the professed doctrines superior to the law of the land and in effect to permit every citizen to become a law unto himself...We do not consider the refusal to issue the license a punishment"
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.
Louisiana
September 18, 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.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.
January 19, 2005: The Louisiana Supreme Court reinstated the anti-gay marriage amendment to the state constitution.
April 21, 2009: A same-sex couple files a federal lawsuit against state and local officials after being denied a marriage license in New Orleans.
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.
Maine
Texts :Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §650, as enacted by PL 1997, c. 65, §2, is repealed.
Sec. 2. 19-A MRSA §650-A is enacted to read:
§ 650-A. Codification of marriage
Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships, including, but not limited to, "spouse," "family," "marriage," "immediate family," "dependent," "next of kin," "bride," "groom," "husband," "wife," "widow" and "widower," must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law.
Sec. 3. 19-A MRSA §650-B is enacted to read:
§ 650-B. Recognition of marriage licensed and certified in another jurisdiction
A marriage of a same-sex couple that is validly licensed and certified in another jurisdiction is recognized for all purposes under the laws of this State.
Sec. 4. 19-A MRSA §651, sub-§2, as amended by PL 1997, c. 537, §12 and affected by §62, is further amended to read:
2. Application. The parties wishing to record notice of their intentions of marriage shall submit an application for recording notice of their intentions of marriage. The application may be issued to any 2 persons otherwise qualified under this chapter regardless of the sex of each person. The application must include a signed certification that the information recorded on the application is correct and that the applicant is free to marry according to the laws of this State. The applicant's signature must be acknowledged before an official authorized to take oaths. Applications recording notice of intentions to marry must be open for public inspection in the office of the clerk. When the application is submitted, the applicant shall provide the clerk with the social security numbers of the parties. The application must include a statement that the social security numbers of the parties have been provided to the clerk. The clerk shall record the social security numbers provided by each applicant. The record of the social security numbers is confidential and is not open for public inspection.
Sec. 5. 19-A MRSA §655, sub-§3 is enacted to read:
3. Affirmation of religious freedom. This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.
On May 6, 2009, after the Senate gave a final vote on enactment, Governor John Baldacci
John Baldacci
John Elias Baldacci is an American politician who served as the 73rd Governor of the U.S. state of Maine from 2003 until 2011. A Democrat, he also served as a member of the United States House of Representatives from 1995 to 2003....
signed the bill into law. Baldacci became the first governor in the nation to sign a same-sex marriage bill that was not the result of a court decision. Maine became the fifth state in the United States to authorize same-sex marriage. The law shall take effect 90 days after the Legislature adjourns, which would probably put date of effect around September 14, 2009, unless the law is suspended pending a people's veto referendum.
On May 7, 2009, opponents of the law submitted the required paperwork necessary to launch a people's veto
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
campaign, which would put the issue on a statewide ballot in November 2009 or June 2010. To succeed in putting the question on the ballot, they will have to get at least 55,087 valid signatures within 90 days after the adjournment of the Legislature, which is expected to occur in mid-June. The law would then be put on hold until after the statewide vote. The proponents of the people's veto sought to submit signatures earlier, by the first week of August, in order for there to be enough time to hold the veto referendum in November 2009.
On November 3, 2009, the issue was put on a statewide ballot. The following day, it was made official that opponents of gay marriage successfully vetoed the gay marriage legislation.
DOMESTIC PARTNERSHIP laws
Other relationship recognition for same-sex couples : Domestic partnership in Maine
Domestic partnership in Maine
Domestic partnerships were established in the state of Maine by statute in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage...
.
Other relationships recognition from other jurisdictions for same-sex couples as : Domestic partnership in Maine
Domestic partnership in Maine
Domestic partnerships were established in the state of Maine by statute in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage...
? Not explicit
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. However certain/few rights are granted to domestic partners through unregistered cohabitation since 1 July 2008.
Massachusetts
November 18, 2003: In Goodridge v. Department of Public HealthGoodridge v. Department of Public Health
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was a landmark state appellate court case dealing with same-sex marriage in Massachusetts. The November 18, 2003, decision was the first by a U.S...
, the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
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
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.
Minnesota
1971: The Minnesota Supreme CourtMinnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota and consists of seven members. The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside of the region who were appointed by...
rules in Baker v. Nelson
Baker v. Nelson
Richard John Baker v. Gerald R. Nelson was a case in which the Minnesota Supreme Court ruled that Minnesota law limited marriage to different-sex couples and that this limitation did not violate the United States Constitution...
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". The United States Supreme Court dismissed the plaintiffs' appeal "for want of substantial federal question."
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.
Mississippi
Texts :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.
(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.
Missouri
Texts :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.
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.
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)Montana Initiative 96 (2004)
Initiative 96 of 2004 is a ballot initiative that amended the Montana Constitution to prevent same-sex marriages from being conducted or recognized in Montana...
Texts :
Section 7. Marriage Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.
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.
Nebraska
On May 12, 2005, the U.S. District Court for the District of Nebraska announced its decision in favor of the plaintiffs in Citizens for Equal Protection v. BruningCitizens for Equal Protection v. Bruning
Citizens for Equal Protection v. Bruning, 455 F.3d 859 , was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit challenging the federal constitutionality of Nebraska Initiative...
, thus overturning Nebraska Initiative Measure 416
Nebraska Initiative Measure 416 (2000)
Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters....
based on the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
, the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, and the Contract Clause
Contract Clause
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
's prohibition on bills of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
. Judge Joseph F. Bataillon
Joseph F. Bataillon
Joseph F. Bataillon is a United States federal judge.Born in Omaha, Nebraska, Bataillon received a B.A. from Creighton University in 1971 and a J.D. from Creighton University School of Law in 1974. He was a deputy public defender, Douglas County, Nebraska from 1974 to 1980...
's decision concluded that Nebraska had no rational basis in denying gays and lesbians marriage licenses. On July 14, 2006, the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
overturned Judge Bataillon's decision and ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."
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.
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 and no marriage recognition from other jurisdictions for same-sex couples - However domestic partnerships are legally available.
New Hampshire
Text:
457:1-a Equal Access to Marriage. – Marriage is the legally recognized union of 2 people. Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated ""bride, ""groom, or ""spouse. Source. 2009, 59:1, eff. Jan. 1, 2010.
457:2 Marriages Prohibited. – No person shall marry his or her father, mother, father's brother, father's sister, mother's brother, mother's sister, son, daughter, brother, sister, son's son, son's daughter, daughter's son, daughter's daughter, brother's son, brother's daughter, sister's son, sister's daughter, father's brother's son, father's brother's daughter, mother's brother's son, mother's brother's daughter, father's sister's son, father's sister's daughter, mother's sister's son, or mother's sister's daughter. No person shall be allowed to be married to more than one person at any given time.
Source. RS 147:2. CS 156:2. GS 161:2. 1869, 9:2. GL 180:2. PS 174:2. PL 286:2. RL 338:2. RSA 457:2. 1965, 46:1. 1987, 218:2, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.
457:1 Purpose and Intent. – The purpose of this chapter is to affirm the right of 2 individuals desiring to marry and who otherwise meet the eligibility requirements of this chapter to have their marriage solemnized in a religious or civil ceremony in accordance with the provisions of this chapter.
Source. RS 147:1. CS 156:1. GS 161:1. 1869, 9:1. GL 180:1. PS 174:1. PL 286:1. RL 338:1. RSA 457:1. 1987, 218:1, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.
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 457:2 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 457:2 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.
Source. RS 147:3. CS 156:3. GS 161:3. GL 180:3. PS 174:3. PL 286:3. RL 338:3. RSA 457:3. 1965, 252:1. 1973, 145:6. 2004, 100:1, eff. May 14, 2004. 2009, 59:1, eff. Jan. 1, 2010.
457:4 Marriageable. – No male below the age of 14 years and no female below the age of 13 years shall be capable of contracting a valid marriage that is entered into by one male and one female, and all marriages contracted by such persons shall be null and void. No male below the age of 18 and no female below the age of 18 shall be capable of contracting a valid marriage between persons of the same gender, and all marriages contracted by such persons shall be null and void.
Source. 1907, 80:1. PL 286:4. RL 338:4. 2009, 59:2, eff. Jan. 1, 2010.
457:46 Obtaining Legal Status of Marriage. –
- I. Notwithstanding the provisions of RSA 457-A, no new civil unions shall be established on or after January 1, 2010. Two consenting persons who are parties to a valid civil union entered into prior to January 1, 2010 pursuant to this chapter may apply and receive a marriage license and have such marriage solemnized pursuant to RSA 457, provided that the parties are otherwise eligible to marry under RSA 457 and the parties to the marriage are the same as the parties to the civil union. Such parties may also apply by January 1, 2011 to the clerk of the town or city in which their civil union is recorded to have their civil union legally designated and recorded as a marriage, without any additional requirements of payment of marriage licensing fees or solemnization contained in RSA 457, provided that such parties' civil union was not previously dissolved or annulled. Upon application, the parties shall be issued a marriage certificate, and such marriage certificate shall be recorded with the division of vital records administration. Any civil union shall be dissolved by operation of law by any marriage of the same parties to each other, as of the date of the marriage stated in the certificate.
- II. Two persons who are parties to a civil union established pursuant to RSA 457-A that has not been dissolved or annulled by the parties or merged into a marriage in accordance with paragraph I by January 1, 2011 shall be deemed to be married under this chapter on January 1, 2011 and such civil union shall be merged into such marriage by operation of law on January 1, 2011.
Source. 2009, 59:5, eff. Jan. 1, 2010; 61:3, eff. Jan. 1, 2010 at 12:02 a.m.
- Marriage license since 1.1.2010.
- Other relationship recognition for same-sex couples: Civil unionsCivil unions in New HampshireSame-sex marriage became legal in the U.S. state of New Hampshire on January 1, 2010, replacing civil unions. On January 1, 2011, all civil unions in the state became marriages unless otherwise dissolved, annulled or previously converted to marriage.On January 1, 2008, civil unions became legal in...
(expires on 1 January 2011) - Marriage and other relationship recognition from other jurisdictions for same-sex couples: Civil unions (expires on 1 January 2011)
New Jersey
October 25, 2006: New JerseyNew Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
'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
New Mexico
February 20, 2004: Victoria DunlapVictoria Dunlap
Victoria Dunlap is a basketball player who was selected by the Washington Mystics of the Women's National Basketball Association in the first round of the 2011 WNBA Draft...
, county clerk of Sandoval County, New Mexico
Sandoval County, New Mexico
-Indian reservations:Sandoval County has 12 Indian reservations and two joint-use areas lying within its borders, the second most of any county in the United States -Indian reservations:Sandoval County has 12 Indian reservations and two joint-use areas lying within its borders, the second most of...
, announced that she would begin issuing same-sex marriage licenses because New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
marriage law does not mention gender.
The first same-sex marriages in Sandoval County were performed later the same day. Later, in a letter, New Mexico state attorney general Patricia Madrid said she thought the marriage licenses would be "invalid under state law", but she declined to prepare an official opinion on the topic. The Sandoval County clerk's office stopped issuing the marriage licenses later the same day it began issuing them. In the interim, 66 such licenses had been issued. The marriages were never decreed invalid by any judicial or legislative authority and on August 9, 2010, a Santa Fe judge ruled that at least one of 66 marriage licenses issued by the Sandoval County clerk to gay and lesbian couples remains valid and subject to divorce action.
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
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. Governor Spitzer introduced a same-sex marriage bill in April 2007. The bill was passed in the New York State AssemblyNew York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
on June 19, 2007, but died in the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
and was returned to the Assembly. No further action has been taken on the bill.
A bill permitting same-sex marriage was passed by the state legislature and signed into law on June 24, 2011; it took effect on July 24, 2011.
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.
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.
Ohio
March 24, 2005: Two judges rule that Ohio's 25-year-old domestic violenceDomestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
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.
Oklahoma
May 13, 2004: A lesbian couple from TulsaTulsa, Oklahoma
Tulsa is the second-largest city in the state of Oklahoma and 46th-largest city in the United States. With a population of 391,906 as of the 2010 census, it is the principal municipality of the Tulsa Metropolitan Area, a region with 937,478 residents in the MSA and 988,454 in the CSA. Tulsa's...
obtained a marriage application in the Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
tribal headquarters in Tahlequah, Oklahoma
Tahlequah, Oklahoma
Tahlequah is a city in Cherokee County, Oklahoma, United States located at the foothills of the Ozark Mountains. It was founded as a capital of the original Cherokee Nation in 1838 to welcome those Cherokee forced west on the Trail of Tears. The city's population was 15,753 at the 2010 census. It...
. 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. 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.
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: Domestic partnerships since 4/2/2008
Other relationship recognition from other jurisdictions for same-sex couples : ?
Pennsylvania
Texts :- Pennsylvania Consolidated Statutes - Title 23 Domestic Relations - 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.
State Senator John Eichelberger
John Eichelberger
John Eichelberger of Blair Township, Pennsylvania is a Pennsylvania State Senator. He is a member of the Republican Party. He represents the 30th district of the Pennsylvania State Senate....
plans to introduce a constitutional amendment banning same-sex marriage in Pennsylvania.
Puerto Rico
1998: The island territory of Puerto RicoPuerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
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.
Rhode Island
Civil union: On May 19, 2011 the House approved a bill 62-11 to legalize Civil Unions in the state of Rhode Island. The Senate passed the bill 21-16 on June 29, 2011. The Governor signed the bill July 2, 2011.No explicit texts on same-sex marriages.
No marriage license
Other relationship recognition for same-sex couples : Civil Unions in Rhode Island
Marriage and other relationships recognition from other jurisdictions for same-sex couples as : Civil Unions in Rhode Island
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.
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.
Tennessee
November 7, 2006: The Tennessee Marriage Protection AmendmentTennessee Marriage Protection Amendment
Tennessee Amendment 1 of 2006 is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specifies that only a marriage between a man and a woman can be legally recognized in the state of Tennessee...
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.
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.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
Exception: In the jurisdiction covered by the 4th Texas Court of Appeals, two people of the same gender can marry if one of them is transgendered based on Littleton v. Prange that defines that a person's sex is determined by birth.
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
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
Governor Jon Huntsman, Jr.
Jon Huntsman, Jr.
Jon Meade Huntsman, Jr. is an American politician and diplomat who served as the 16th Governor of Utah. He also served in the administrations of four United States presidents and is a candidate for the 2012 Republican presidential nomination.Huntsman worked as a White House staff assistant for...
proposed reciprocal benefits for all same-sex couples living in the state. The measure was defeated in the state Senate by 18 -10, and since then he has promised to introduce a Reciprocal Benefits Bill 2009 (similar to Colorado laws) in 2009.
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.
Vermont
1999: Vermont Supreme CourtVermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts...
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 union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s for same-sex couples, giving them all rights and benefits of marriage under Vermont law.
2007: On February 9, a same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
bill (H275) was introduced to the Legislature after seven years of civil unions.
2009: On April 3, the House passed the bill 95-52, four votes shy of a veto-proof majority. On April 6, the Vermont State Senate approved the amendments made by the House and presented the revised bill to the governor, who immediately vetoed it. On April 7, the veto was overridden by the Legislature, with the Senate voting 23-5 in favor of an override and the House voting 100-49. The law went into effect on September 1, 2009.
Texts from the Vermont statutes:
- Title 15. Domestic Relations - Chapter 1. Marriage
§ 8. Marriage definition.
Marriage is the legally recognized union of any two (2) adult persons.
§ 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.
Marriage licenses are provided for any two (2) adult persons.
Other relationship recognition for same-sex couples : Marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
.
Other relationships recognition from other jurisdictions for same-sex couples as : Marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
Virginia
1975: The Code of VirginiaCode of Virginia
The Code of Virginia is the statutory law of the U.S. state of Virginia, and consists of the codified legislation of the Virginia General Assembly. The 1950 Code of Virginia is the revision currently in force...
is amended to prohibit marriage between persons of the same sex.
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 union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s 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.
2006: In November, a new Constitutional
Constitution of Virginia
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the U.S. Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government,...
amendment, previously approved by the Virginia General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
, 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 took 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.
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 and extented in 2008 and 2009, to all areas of statutes with the exception as shown above. See Domestic partnership in Washington
Domestic partnership in Washington
State Registered Domestic Partnerships in Washington were created in the aftermath of the Andersen v. King County decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.-Beginnings:...
.
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.
Wisconsin
History :2004–2006 : in both Wisconsin State Senate
Wisconsin State Senate
The Wisconsin Senate, the powers of which are modeled after those of the U.S. Senate, is the upper house of the Wisconsin State Legislature, smaller than the Wisconsin State Assembly...
and Wisconsin State Assembly
Wisconsin State Assembly
The Wisconsin State Assembly is the lower house of the Wisconsin Legislature. Together with the smaller Wisconsin Senate, the two constitute the legislative branch of the U.S. state of Wisconsin....
, 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%.
In June 2009, the Wisconsin Assembly and Senate both passed the biennial state budget which includes limited domestic partnership protections for the state’s same-sex couples - it went into effect on 3 August 2009.
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 licenses, no civil unions either - However certain limited rights in a domestic partnership are legally provided in Wisconsin and is recognised from other jurisdictions for same-sex couples.
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.
See also
In general- Same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
- Timeline of same-sex marriageTimeline of same-sex marriageThis page contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide in modern history, followed by a timeline of notable same-sex marriages and unions. Also, events concerning same-sex marriages are listed in bold.-2011:* October 25: ...
In the United States
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Public opinion of same-sex marriage in the United States
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage status in the United States by stateSame-sex marriage status in the United States by stateSame-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...
- Rights and responsibilities of marriages in the United StatesRights and responsibilities of marriages in the United StatesAccording to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection Act of 2007
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnership in the United States
- Freedom to MarryFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
- History of civil marriage in the United States
External links
State by state:- Domawatch.org ( against same-sex marriage )
- HRC ( in favor of same-sex marriage )