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Laws Regarding Same-Sex Partnerships in the United States      Same-sex marriages      Unions granting rights similar to marriage      Unions granting limited/enumerated rights      Foreign same-sex marriages recognized      Statute bans same-sex marriage      Constitution bans same-sex marriage      Constitution bans same-sex marriage and other kinds of same-sex unions

Same-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." In 2003, the U.S. Supreme Court's decision in Lawrence v. Texas paved the way for same-sex marriage to emerge as a hot-button political issue. Since Massachusetts became the first state to legalize same-sex marriage in 2004, other states have redefined their own marriage laws, both for and against same-sex marriage.

This article tracks the status of those laws. It is intended only as a resource for the bottom line current legal status of same-sex unions right now regardless of pending litigation. See same-sex marriage legislation in the United States for the outcome of specific legislation and same-sex marriage legislation in the United States by state for detailed descriptions.

Marriage is defined as the union of one man and one woman in at least 42 states.¹ Currently, 30 states have added defense of marriage amendments to their constitutions. There are two states that recognize same-sex marriages, and a total of seven (plus the District of Columbia) that recognize some form of same-sex civil unions or domestic partnerships. ²

State-by-state listing

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

• The Marriage Defined column tells whether that state contains any statutes or constitutional language that defines marriage as between a man and a woman or otherwise bans same-sex marriages.
  • The Constitution sub-column gives links to the constitutional amendment story, if existing.
  • The Statute leads to the corresponding section of Same-sex marriage legislation in the United States by state to afford full legislation about constitution and statutes. (Under construction, if not afforded, see HRC and Domawatch links below that page).
• The other links (licences - Civil unions status - domestic partnership status - provides for appropriate page denominations according to marriage - civil unions - domestic partnership and shows the existing pages if the link is active. Civil unions denomination is left in the plural form because it is the rule used for other countries (see Category:Marriage, unions and partnerships by country below )
  • The details for the marriage recognition (Recogn.) are to be find with the marriage licence link when active. Since a constitutional ban is potentially for a quite long term, the marriage licence and recognition columns have been merged in such case for relevant states.
  • Def. means constitutional definition amendment for the corresponding unions or partnership. When it happens to be the same constitutional definition amendment as the link in the Marriage Defined - Constitution column, the Def. and Status columns have been merged. Otherwise another link is proposed to the other relevant amendment in the Def. column in relevant cases.
• The blue squares show what is allowed and green ones, potential changes in nearby future.
• The notes column gives better detail and recent possibilities.

State	Marriage					Same-sex unions				Notes
	Defined		Result			Civil Unions		Domestic Partnership
	Constitution	Statute	Licenses	Recogn.		Def.	Status	Def.	Status
Alabama	Yes	Yes	Banned			Banned		No	None
Alaska	Yes	Yes	Banned			No	None	No	None	Petitions are made to start a ban ballot on civil unions too.
Arizona	Yes	Yes	Banned			No	None	No	None
Arkansas	Yes	Yes	Banned			Banned		No	None
California	Yes	Yes (°)	Banned but Constit. ban to be reviewed by California Supreme Court.			No	None	No	Legal	Main article: Same-sex marriage in California 2 Attempts to pass marriage have been vetoed by Governor Arnold Schwarzenegger. Supreme Court struck down ban on same-sex marriage (In Re Marriage Cases). Proposition 8 qualifies by petition as an initiative for constitutional amendment to ban marriage. Originally granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over a three-year period. Taking effect on January 1, 2005, A.B. 205 extended to domestic partnerships virtually all the legal rights and responsibilities of marriage in California. Thus, domestic partnership in California has been effectively transformed into a civil union status.
Colorado	Yes	Yes	Banned			No	None	No	Rejected	On November 2006 ballot, Colorado banned marriage but rejected a referendum to allow a "civil union"-like domestic partnership, sustained by a constitutional amendment. See also this table
Connecticut	No	Yes	Legal*	Legal		No	Legal	?	?	Main article: Same-sex marriage in Connecticut Civil unions confer "all of the state-level spousal rights and responsibilities."2
Delaware	No	Yes	Not legal	Not legal		No	None	No	None
District of Columbia	No	No	Not legal	Not legal		No	None	No	Legal*	Main article: Domestic partnership in District of Columbia Enacted 1992; implemented 2002; expanded 2006, 2008 U.S. Congress has ultimate authority over D.C. thereby prohibiting same-sex marriages or civil unions despite popular local support.3
Florida	Yes	Yes	Banned			Banned		No	None
Georgia	Yes	Yes	Banned			Banned		No	None
Hawaii	Yes	Yes	Ban permitted Not legal.	Not legal		No	None (proposed)	No	Legal*	Minimal benefits, available to all adults, including relatives; official terminology is reciprocal beneficiary relationship*.2 Bill proposed to afford civil unions but killed in Judiciary Committee.
Idaho	Yes	Yes	Banned			Banned		No	None
Illinois	No	Yes	Not legal	Not legal		No	None but proposed	No	None	Petitions are made to start a ban ballot. Marriage or civil union proposition, heading rather to civil unions.
Indiana	No	Yes	Not legal	Not legal		No	None	No	None	Legislative initiative to start a ban ballot.
Iowa	No	Yes	legal but under appeal	Not legal		No	None	No	None	Main article: Same-sex marriage in Iowa In August 2007, Polk County judge ruled Iowa's statutory ban on same-sex marriage was unconstitutional, but ruling was quickly stayed and appealed. Legislative initiative to begin constitutional ban ballot process was unsuccessful in 2008. Those in opposition vow to push the issue in 2009 legislative session.
Kansas	Yes	Yes	Banned			Banned		No	None
Kentucky	Yes	Yes	Banned			Banned		No	None
Louisiana	Yes	Yes	Banned			Banned		No	None
Maine	No	Yes	Not legal	As dom. partners		No	None	No	Legal*	Main article: Domestic partnership in Maine The Maine Domestic Partnership act came into effect on July 30, 2004.1 Same-sex couple who married elsewhere may register their marriage as a domestic partnership.
Maryland	No	Yes	Not legal*	Not legal		No	None	No	Legal*	Main article: Same-sex marriage in Maryland "The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973."1
Massachusetts	No	No	Legal* by Supreme Court decision	Yes.		No	None	No	None	Main article: Same-sex marriage in Massachusetts
Michigan	Yes	Yes	Banned			Banned		Banned* by Supreme Court decision
Minnesota	No	Yes	Not legal	Not legal		No	None	No	None	Legislative initiative and petitions are made to start a ban ballot.
Mississippi	Yes	Yes	Banned			No	None	No	None
Missouri	Yes	Yes	Banned			No	None	No	None
Montana	Yes	Yes	Banned			No	None	No	None
Nebraska	Yes	Yes	Banned			Banned		Banned
Nevada	Yes	Yes	Banned			No	None	No	None
New Hampshire	No	Yes	Not legal	Not legal		No	Legal on 1/1/2008	No	None	State law pre-dates DOMA.1 The civil unions bill was signed on May 31, 2007.
New Jersey	Proposal rejected	No*	None	As civil unions		No	Legal	No	No more but present valid ones allowed.	Main article: Same-sex marriage in New Jersey The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court, in Lewis v. Harris, required the New Jersey Legislature to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples.4 A bill now allows civil unions that will supersede domestic partnerships. These are no more applied but may remain for the present ones.
New Mexico	No	No	None	None		No	None	No	None	Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral).
New York	No	No	Not legal*	Yes, per court decision. See Same sex marriage in New York.		No	None	No	None	Main article: Same-sex marriage in New York
North Carolina	No	Yes	Not legal	Not legal		No	None	No	None	Legislative initiative to start a ban ballot.
North Dakota	Yes	Yes	Banned			Banned		No	None
Ohio	Yes	Yes	Banned			Banned		No	None
Oklahoma	Yes	Yes	Banned			Banned		No	None
Oregon	Yes	No	Banned*			No	Legal on 1/1/2008	No	None	Main article: Same-sex marriage in Oregon Domestic partnership legislation similar to the California model signed on May 9th, 2007.
Pennsylvania	No	Yes	Not legal	Not legal		No	None	No	None	Petitions are made to start a ban ballot.
Rhode Island	No	No	None	Yes		No	None	No	None	Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). Does not award marriage licenses, but does extend limited rights to same-sex couples.2. Now this is the basis on which RI will recognize the same-sex couples married in Massachusetts according to the Attorney General.
South Carolina	Yes	Yes	Banned			Banned		Yes	None
South Dakota	Yes	Yes	Banned			Banned		Banned
Tennessee	Yes	Yes	Banned			No	None	No	None
Texas	Yes	Yes	Banned			Banned		No	None
Utah	Yes	Yes	Banned			Banned		No	None
Vermont	No	Yes	Not legal but proposed	Not legal		No	Legal	No	None	Vermont civil unions provide same-sex couples access to state-level marriage benefits.1 Parties to a civil union are entitled to all of the state-level spousal rights and responsibilities and only for couples who live in the state of Vermont.2 A proposition is made to legalize marriage.
Virginia	Yes	Yes	Banned			Banned		Banned
Washington	No	Yes	Not legal *	As dom. partners		No	None	No	Legal on 22/07/2007	Main article: Same-sex marriage in Washington Same-sex couple who married elsewhere may register their marriage as a domestic partnership.
West Virginia	No	Yes	Not legal	Not legal		No	None	No	None	Petitions are made to start a ban ballot.
Wisconsin	Yes	Yes	Banned			Banned		No	None
Wyoming	No	Yes	Not legal	Not legal		No	None	No	None	State law pre-dates DOMA.1

See also

LGBT portal

United States portal

In general

• Same-sex marriage
• Timeline of same-sex marriage

In USA

• Same-sex marriage in the United States
• Same-sex marriage in the United States public opinion
• Same-sex marriage legislation in the United States
• Same-sex marriage legislation in the United States by state
• List of benefits of marriage in the United States
• Defense of Marriage Act
• Marriage Protection Act
• Defense of marriage amendment
• List of defense of marriage amendments to U.S. state constitutions by type
• Federal Marriage Amendment
• Domestic partnerships in the United States
• Freedom to Marry Coalition
• LGBT rights in the United States

References

1. ^ ^{a b c d e f} Stateline.org 50-state rundown on gay marriage laws Accessed November 4, 2008
2. ^ ^{a b c d e} Human Rights Campaign State by State Information Accessed November 14, 2006
3. ^ D.C. Council expands DP law - Washington Blade
4. ^ http://www.judiciary.state.nj.us/opinions/supreme/a-68-05.pdf

v • d • e Same-sex unions in the United States Marriage legalized Connecticut - Massachusetts Civil unions enacted Connecticut - New Hampshire - New Jersey - Vermont Domestic partnerships enacted California - District of Columbia - Hawaii - Maine - Maryland - Oregon - Washington Prohibited by statute Delaware - Illinois - Indiana - Iowa - Maine - Maryland - Minnesota - New Hampshire - North Carolina - Pennsylvania - Puerto Rico - Vermont - Washington - West Virginia - Wyoming Prohibited by state constitutional amendment Alabama - Alaska - Arizona - Arkansas - California1 - Colorado - Florida- Georgia - Hawaii - Idaho - Kansas - Kentucky - Louisiana - Michigan - Mississippi - Missouri - Montana - Nebraska - Nevada - North Dakota - Ohio - Oklahoma - Oregon - South Carolina - South Dakota - Tennessee - Texas - Utah - Virginia - Wisconsin Marriage undefined District of Columbia - New Jersey - New Mexico - New York - Rhode Island 1 The legality of the California ban is being challenged in court.

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