Same-sex marriage legislation in the United States

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Legal recognition of
same-sex couples
Same-sex marriage

Belgium
Canada
Netherlands
Norway

South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: DF*
United States: CT, DC*, IA, MA, NH, VT, Coquille

Recognized, not performed

Israel
United States: CA (conditional), NY

Civil unions and
registered partnerships

Andorra
Austria
Colombia
Czech Republic
Denmark
Ecuador
Finland
France
Germany
Greenland

Hungary
Iceland
Luxembourg
New Caledonia
New Zealand
Slovenia
Switzerland
Wallis and Futuna
United Kingdom
Uruguay

Performed in some jurisdictions

Argentina: BA, RC, RN, VCP
Australia: ACT, TAS, VIC
Mexico: COA
United States: CA, CO, HI, ME, NJ, NV, OR, WA, WI
Venezuela: ME

Recognized, not performed

Isle of Man (UK only)

Unregistered co-habitation

Argentina
Australia
Brazil

Croatia
Israel
Portugal

In some regions

United States: MD

Status in other jurisdictions

Albania
Aruba
Bolivia
Bulgaria
Burundi
Cambodia
Chile
China (PRC)
ROC (Taiwan)
Congo (DRC)
Costa Rica
Cuba
Dominican Republic
El Salvador
Estonia
European Union
Faroe Islands
Greece
Honduras
India
Ireland
Italy
Jamaica
Japan
Jersey

Kosovo
Latvia
Liechtenstein
Lithuania
Malta
Moldova
Montenegro
Nepal
Netherlands Antilles
Nigeria
Panama
Paraguay
Philippines
Poland
Romania
Russia
Serbia
Slovakia
Singapore
South Korea
Uganda
Ukraine
Venezuela
Vietnam

United States: AL, AS, AZ, DE, FL, GU, IL, LA, ME, MI, MN, MT, NM, NC, OH, PA, PR, RI, SC, UT, WV, WY, Native Americans

Notes

*DC (subject to Congressional review) and Mexico City same-sex marriage laws are effective from 1 March and 4 March 2010, respectively.

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Civil union
Domestic partnership
Registered partnership
Civil partnership
Listings by country

LGBT portal

In 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.

Contents

[edit] Federal level

In 1996, the United States Congress passed and President Bill Clinton signed Public Law 106-199, the Defense of Marriage Act. The Act defines "marriage" and "spouse" for purposes of federal law.

The impact of the second part of the Act is less clear. Traditionally, states have been allowed to regulate the marital status of their own citizens. A narrow interpretation of the Act only codifies this policy. The Act was arguably passed out of concern that same-sex couples from all over the U.S. would fly to Hawaii, get married, and demand recognition in their home states (although Hawaii ultimately never allowed same-sex marriage).

A broad reading of the Act would allow states to refuse to recognize same-sex marriages of non-citizens, as well. For example, a same-sex couple from Massachusetts might get married in Massachusetts, and later move to another state, where the state would have no obligation to recognize the marriage. The Act may also mean that the state could refuse to recognize the marriage even if the couple were only passing through transiently (relevant, for example, in emergency medical decision-making), and not moving permanently. Either of these broader readings would be an exception to the Full Faith and Credit Clause.

Proponents of equal marriage rights for same-sex couples observe that there are over 1,138 federal laws in which marital status is a factor, as well as state and private benefits (family memberships, discounts, etc.) which are denied same-sex couples by excluding them from participating in marriage. A legal denial of federal rights or benefits, they say, directly contradicts the 14th Amendment of the US Constitution which provides for equal protection and substantive due process under the law: rights conferred to one person cannot be denied to another.

In the 2003 case Lawrence v. Texas which came before the Supreme Court of the United States, the court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Fourteenth Amendment. Many proponents of same-sex marriage believe that this ruling, especially when combined with the 1967 ruling in Loving v. Virginia that eliminated anti-miscegenation laws, paves the way for a subsequent decision invalidating state laws prohibiting same-sex marriage. Five years after the Loving decision, however, the Court summarily dismissed an appeal by two men who unsuccessfully challenged Minnesota’s marriage statutes. Because the case, Baker v. Nelson, came to the Court through mandatory appellate review (not certiorari), the summary dismissal established the case as a binding precedent.[1]

Challenges to DOMA have already been rejected by several federal courts, including a decision by Judge James S. Moody in the case of Wilson v. Ake.

Some opponents of same-sex marriage, wanting to ensure that the constitutionality of such laws cannot be challenged in the courts under the Full Faith and Credit clause, Equal Protection Clause or Due process clause of the United States Constitution, have proposed a Federal Marriage Amendment to the constitution that would prevent the federal government or any state from providing a marriage or the legal incidents thereof to a same-sex couple, whether through the legislature or the courts.

The amendment was debated in the United States Senate, but on July 14, 2004, a procedural motion to end debate failed by a wider-than-expected margin of 48 votes to 50. This effectively prevented the amendment from facing a full Senate vote.

Also in 2003, lesbian comedian Rosie O'Donnell's court case with ex-colleagues raised another new issue when O'Donnell's life partner, Kelli, was forced to testify against O'Donnell. Under United States law, spouses cannot be forced to testify against each other; but because same-sex couples are not allowed to marry, they are denied this courtroom right, part of a long list of benefits of marriage in the United States. They married on February 26, 2004 in San Francisco, but this was later nullified by the California Supreme Court.

As of April 2006, California same-sex couple Arthur Smelt and Christopher Hammer had a marriage-rights case pending in the federal Ninth Circuit Court of Appeals. Gay-rights groups including the Lambda Legal Defense and Education Fund and the American Civil Liberties Union did not support the lawsuit, on the grounds that it is likely to lose in the Supreme Court and set an unfavorable precedent. The Court eventually tossed out the suit in the spring of 2006, saying that the couples must wait for a ruling by the Appeals Court in California.[2]

[edit] State level

[edit] Efforts to enable same-sex unions

Votes by state legislatures to recognize various types of same-sex unions, sorted by date:

State Date Type of same-sex union Upper House Lower house Governor Final
outcome
Yes No Yes No
Flag of Washington, D.C..svg District of Columbia June 1992 [1] Domestic Partnership (limited) Passed [2] Signed [3] Yes Yes
Flag of Vermont.svg Vermont April 1994 Reciprocal Beneficiary Relationship 27 14 87 42 Signed Yes Yes
Flag of California.svg California September 1994 Domestic Partnership (limited)[3] 21 17 41 26 Vetoed No No[4]
Flag of Hawaii.svg Hawaii March 1996 Domestic Partnership (limited)[5] 14 11 Failed - No No
Flag of Hawaii.svg Hawaii June 1997 Reciprocal Beneficiary Relationship 24 7 43 27 Signed Yes Yes
Flag of California.svg California September 1999 Domestic Partnership (limited) 22 14 41 36 Signed Yes Yes [4]
Flag of Vermont.svg Vermont April 2000 Civil Union 19 11 79 68 Signed Yes Yes
Flag of California.svg California October 2001 Domestic Partnership (expansion) 23 11 41 32 Signed Yes Yes [5]
Flag of California.svg California September 2003 Domestic Partnership (expansion) 23 14 41 33 Signed Yes Yes [6]
Flag of New Jersey.svg New Jersey January 2004 Domestic Partnership (limited) 23 9 41 28 Signed Yes Yes
Flag of Maine.svg Maine April 2004 Domestic Partnership (limited) 19 14 84 58 Signed Yes Yes
Flag of Utah.svg Utah February 2005 Reciprocal Beneficiary Relationship 10 18 - - - No No
Flag of Connecticut.svg Connecticut April 2005 Civil Union 27 9 85 63 Signed Yes Yes
Flag of Maryland.svg Maryland May 2005 Domestic Partnership (limited) 31 16 83 50 Vetoed No No [7]
Flag of California.svg California June 2005 Same-Sex Marriage - - 37 36 - No No [8]
Flag of Oregon.svg Oregon July 2005 Civil Union 19 10 - - - No No [9]
Flag of California.svg California September 2005 Same-Sex Marriage 21 15 41 35 Vetoed No No [10]
Flag of Washington, D.C..svg District of Columbia April 2006 Domestic Partnership (expansion) Passed [11] Signed [12] Yes Yes
Flag of Colorado.svg Colorado November 2006 Domestic Partnership Statewide Voter Referendum (47% to 53%) No No
Flag of New Jersey.svg New Jersey December 2006 Civil Union[6] 23 12 56 19 Signed Yes Yes
Flag of Washington.svg Washington April 2007 Domestic Partnership (limited)[7] 28 19 63 35 Signed Yes Yes
Flag of Oregon.svg Oregon May 2007 Domestic Partnership[8] 21 9 34 26 Signed Yes Yes
Flag of New Hampshire.svg New Hampshire May 2007 Civil Union 14 10 243 129 Signed Yes Yes
Flag of New York.svg New York June 2007 Same-Sex Marriage[9] - - 85 61 - No No
Flag of California.svg California September 2007 Same-Sex Marriage 22 15 42 34 Vetoed No No [13]
Flag of New Mexico.svg New Mexico January 2008 Domestic Partnership[10] - - 33 31 - No No
Flag of Washington.svg Washington March 2008 Domestic Partnership (expansion)[11] 29 20 62 32 Signed Yes Yes
Flag of Maryland.svg Maryland May 2008 Domestic Partnership (limited) 39 19 44 39 Signed Yes Yes
Flag of Washington, D.C..svg District of Columbia May 2008 Domestic Partnership (expansion)[12] Passed [14] Signed [15] Yes Yes
Flag of Massachusetts.svg Massachusetts July 2008 1913 law (repealed)[13] Passed 118 35 Signed Yes Yes
Flag of New Mexico.svg New Mexico February 2009 Domestic Partnership[14] 17 25 - - - No No [16]
Flag of Hawaii.svg Hawaii March 2009 Civil Union[15] - - 33 17 - No No
Flag of Vermont.svg Vermont April 2009 Same-Sex Marriage[16] 23 5 100 49 Vetoed Yes Veto overridden
Flag of Montana.svg Montana April 2009 Domestic partnership (limited)[17] - - Failed - No No
Flag of Colorado.svg Colorado April 2009 Designated Beneficiary Relationship 23 10 41 24 Signed Yes Yes
Flag of Connecticut.svg Connecticut April 2009 Same-Sex Marriage[18] 28 7 100 44 Signed Yes Yes
Flag of Maine.svg Maine May 2009 Same-Sex Marriage[19] 21 14 89 58 Signed No People's Veto
Flag of Washington, D.C..svg District of Columbia May 2009 Same-Sex Marriage (recognition
only)[20]
Passed [17] Signed [18] Yes Yes
Flag of Washington.svg Washington May 2009 Domestic Partnership (expansion)[21] 30 18 62 35 Signed Yes Yes, upheld by voters
Flag of Nevada.svg Nevada May 2009 Domestic Partnership[22] 14 7 28 14 Vetoed Yes Veto overridden
Flag of New Hampshire.svg New Hampshire June 2009 Same-Sex Marriage[23] 14 10 198 176 Signed Yes Yes
Flag of Wisconsin.svg Wisconsin June 2009 Domestic Partnership (limited)[24] 17 16 50 48 Signed Yes Yes
Flag of California.svg California October 2009 Foreign Pre-Prop 8
marriage recognition[19][25][dead link]
24 14 44 27 Signed Yes Yes
Flag of New York.svg New York December 2009 Same-Sex Marriage[26] 24 38 89 52 - No No
Flag of Washington, D.C..svg District of Columbia December 2009 Same-Sex Marriage[27] n/a 11 2 Signed [28] Awaiting a 30 day Congress review period [20]
Flag of Rhode Island.svg Rhode Island January 2010 Domestic Partnership (only 1 entitlement)[29] 31 3 67 3 Vetoed Yes Veto overridden
Flag of New Jersey.svg New Jersey January 2010 Same-Sex Marriage[30] Pending - - -
Flag of Illinois.svg Illinois January 2010 Same-Sex Marriage[31] Pending - - -
Flag of Guam.svg Guam January 2010 Civil Union Pending -
Flag of Guam.svg Guam January 2010 Designated Beneficiary Agreement[32][dead link] Pending -
Flag of Pennsylvania.svg Pennsylvania January 2010 Same-Sex Marriage[33] Proposed[34] - - -
Flag of Rhode Island.svg Rhode Island January 2010 Same-Sex Marriage[35] Proposed - - -
Flag of Rhode Island.svg Rhode Island January 2010 Designated Beneficiary Agreement [21] Proposed - - -
Flag of New Mexico.svg New Mexico January 2010 Domestic partnership[36] Proposed - - -
Flag of Hawaii.svg Hawaii March 2010 Civil union [37][dead link] Proposed - - -
Flag of Michigan.svg Michigan May 2010 Same-Sex Marriage[38] Proposed - - -
  • ^  Granted limited rights.
  • ^  Expanded rights included.
  • ^  Gave domestic partnerships legal rights of married couples.
  • ^  Maryland Governor vetoed legislation; a veto override would require two-thirds support.
  • ^  The vote failed to receive the absolute majority (41 votes) required to pass.
  • ^  The bill failed to come to a floor vote in the House of Representatives.
  • ^  California Governor vetoed legislation; a veto override would require two-thirds support.
  • ^  California Governor vetoed legislation; a veto override would require two-thirds support.
  • ^  Passed by the City Council; Signed by the Mayor of the District of Columbia in 1992 with delayed implementation until 2002 due to action taken by the U.S. Congress during the Congressional Review Period. (See Recognition of same-sex unions in the District of Columbia).
  • ^  Passed by the City Council; Signed by the Mayor of the District of Columbia with no delay action taken by the U.S. Congress during the Congressional Review Period.
  • ^  Failed state Senate vote.
  • ^  The Hawaii Civil Union Bill 2009 failed by a tie vote in Committee.
  • ^  Vermont Governor vetoed legislation; the veto override required two-thirds support.
  • ^  Nevada Governor vetoed legislation; the veto override required two-thirds support.
  • ^  Would recognize same-sex marriages performed abroad before the passage of Proposition 8; recognize marriages performed abroad after Proposition 8 without the designation of "marriage".

[edit] Attempts to establish same-sex unions via initiative or statewide referendum

State Intended date Same-sex union Description Outcome
Flag of Colorado.svg Colorado November 2006 Domestic partnership In 2006, an amendment that would have established domestic partnerships in Colorado was placed on the ballot after a vote from both houses. It was defeated 47% in favor to 53% opposed on election day. No No
Flag of Washington.svg Washington November 2009 Domestic partnership
(expansion)
In November 2009, Washington voted to uphold an "Everything but Marriage" expansion to the domestic partnership law. It passed narrowly with 53% in favor and 47% opposed. Yes Yes
Flag of Maine.svg Maine November 2009 Marriage In November 2009, Maine voters repealed a same-sex marriage law that had been passed by the legislature.[39] No No
Flag of Michigan.svg Michigan November 2010 Marriage Citing a recent poll that showed an overwhelming growth in support towards same-sex marriage, Pam Byrnes of the Michigan house has proposed a bill that would submit a statewide question on the 2010 ballot asking voters to amend the constitution to legalize same-sex marriage.[38] Pending
Flag of Arizona.svg Arizona November 2010 Civil union Supporters of same-sex civil unions are currently gathering signatures for a constitutional amendment implanting such to be placed on the 2010 ballot.[40] Pen.svg
Flag of Colorado.svg Colorado November 2010 Marriage A signature drive is underway to push for a constitutional amendment defining marriage as being between "two consenting, unrelated adults."[41] Pen.svg
Flag of Colorado.svg Colorado November 2010 Civil union A signature drive is also underway for an amendment implanting civil unions, which is currently receiving more progress.[citation needed] Pen.svg
Flag of Ohio.svg Ohio November 2010 Marriage A resolution that would repeal the constitutional ban on same-sex marriage passed by voters in 2004 has been proposed in the house. Despite a strong possibility of passing the House, the Republican-dominated Senate, which put an anti-discrimination bill into deadlock earlier this year, is not expected to support such a measure.[42] Pen.svg
Flag of California.svg California November 2010, 2012 Marriage Gay rights groups currently debate whether to push for a repeal of Proposition 8 for the 2010 or 2012 election. The front linter group, Equality California, has announced that they intend to wait until 2012. Proposed
Flag of Oregon.svg Oregon November 2012 Marriage Supporters of same-sex marriage are considering placing a reversal of Measure 36 on the 2012 ballot.[43] Proposed

[edit] Efforts to define marriage by constitutional amendment

The following table shows all popular vote results regarding state constitutional amendments concerning same-sex marriage, and in some cases civil unions and domestic partnerships. The Hawaii amendment is different in that it granted the legislature authority to "reserve marriage to opposite-sex couples" (which the legislature had already done).

State Initiative Ban on Date Yes Yes vote No No vote Final
outcome
1998:
Flag of Alaska.svg Alaska Ballot Measure 2 Marriage November 1998 68% (152,965) 32% (71,631) Yes Yes
Flag of Hawaii.svg Hawaii Constitutional Amendment 2 Marriage ban
permitted
November 1998 69% (285,384) 31% (117,827) Yes Yes [22]
2000:
Flag of Nebraska.svg Nebraska Initiative Measure 416 Marriage and
civil union and
domestic partnership
November 2000 70% (450,073) 30% (189,555) Yes Yes [23]
2002:
Flag of Nevada.svg Nevada Question 2 Marriage November 2002 67% (337,183) 33% (164,555) Yes Yes
2004:
Flag of Arkansas.svg Arkansas Constitutional Amendment 3 Marriage and
civil union
November 2004 75% (753,770) 25% (251,914) Yes Yes
Flag of Georgia (U.S. state).svg Georgia Constitutional Amendment 1 Marriage and
civil union
November 2004 76% (2,454,912) 24% (768,703) Yes Yes [24]
Flag of Kentucky.svg Kentucky Constitutional Amendment 1 Marriage and
civil union
November 2004 75% (1,222,125) 25% (417,097) Yes Yes
Flag of Louisiana.svg Louisiana Constitutional Amendment 1 Marriage and
civil union
September 2004 78% (618,928) 22% (177,103) Yes Yes [25]
Flag of Michigan.svg Michigan State Proposal - 04-2 Marriage and
civil union and
domestic partnership
November 2004 59% (2,698,077) 41% (1,904,319) Yes Yes
Flag of Mississippi.svg Mississippi Amendment 1 Marriage November 2004 86% (957,104) 14% (155,648) Yes Yes
Flag of Missouri.svg Missouri Constitutional Amendment 2 Marriage August 2004 71% (1,055,771) 29% (439,529) Yes Yes
Flag of Montana.svg Montana Initiative 96 Marriage November 2004 67% (295,070) 33% (148,263) Yes Yes
Flag of North Dakota.svg North Dakota Constitutional Measure 1 Marriage and
civil union
November 2004 73% (223,572) 27% (81,716) Yes Yes
Flag of Ohio.svg Ohio State Issue 1 Marriage and
civil union
November 2004 62% (3,329,335) 38% (2,065,462) Yes Yes
Flag of Oklahoma.svg Oklahoma State Question 711 Marriage and
civil union
November 2004 76% (1,075,216) 24% (347,303) Yes Yes
Flag of Oregon.svg Oregon Measure 36 Marriage November 2004 57% (1,028,546) 43% (787,556) Yes Yes
Flag of Utah.svg Utah Constitutional Amendment 3 Marriage and
civil union
November 2004 66% (593,297) 34% (307,488) Yes Yes
2005:
Flag of Kansas.svg Kansas Proposed amendment 1 Marriage and
civil union
April 2005 70% (414,106) 30% (178,018) Yes Yes
Flag of Texas.svg Texas Proposition 2 Marriage and
civil union
November 2005 76% (1,718,513) 24% (536,052) Yes Yes
2006:
Flag of Alabama.svg Alabama Sanctity of Marriage Amendment Marriage and
civil union
June 2006 81% (734,746) 19% (170,399) Yes Yes
Flag of Arizona.svg Arizona Proposition 107 Marriage and
civil union
November 2006 48% (721,489) 52% (775,498) No No
Flag of Colorado.svg Colorado Amendment 43 Marriage November 2006 56% (768,700) 44% (612,155) Yes Yes
Flag of Idaho.svg Idaho Amendment 2 Marriage and
civil union
November 2006 63% (281,823) 37% (163,191) Yes Yes
Flag of South Carolina.svg South Carolina Amendment 1 Marriage and
civil union
November 2006 78% (818,894) 22% (230,674) Yes Yes
Flag of South Dakota.svg South Dakota Amendment C Marriage and
civil union and
domestic partnership
November 2006 52% (172,237) 48% (160,756) Yes Yes
Flag of Tennessee.svg Tennessee Amendment 1 Marriage November 2006 81% (1,417,315) 19% (326,335) Yes Yes
Flag of Virginia.svg Virginia Marshall-Newman Amendment Marriage and
civil union and
domestic partnership
November 2006 57% (1,325,668) 43% (1,003,967) Yes Yes
Flag of Wisconsin.svg Wisconsin Referendum 1 Marriage and
civil union
November 2006 59% (1,260,554) 41% (861,554) Yes Yes
2008:
Flag of Arizona.svg Arizona Propositions 102 Marriage November 2008 56% (1,258,355) 44% (980,753) Yes Yes
Flag of California.svg California Proposition 8 Marriage November 2008 52% (7,001,084) 48% (6,401,482) Yes Yes
Flag of Florida.svg Florida Amendment 2 Marriage and
civil union
November 2008 62% (4,890,883) 38% (3,008,026) Yes Yes

[edit] Recent, pending, or proposed attempts to constitutionally block same-sex unions

State Description Outcome
Flag of Indiana.svg Indiana The Indiana State Senate Republican Caucus on February 18, 2009, voted to not consider a resolution that would have proposed an amendment.[44] No Not considered
Flag of Iowa.svg Iowa A bill failed to advance and was not considered [26]. No Not considered
Flag of Maryland.svg Maryland A bill failed to advance as of February 2009. No Dormant
Flag of North Carolina.svg North Carolina A bill was sponsored in February 2009, though failed to make it through legislative committee.[45][46] No Failed in committee
Flag of Wyoming.svg Wyoming In February 2009, a bill was voted down. No Voted down
Flag of Minnesota.svg Minnesota A bill was sponsored in 2009, but failed to be brought up for a vote.[47] No Not considered
Flag of Delaware.svg Delaware A bill was voted down in March 2009. No Voted down
Flag of Washington.svg Washington A bill was introduced in 2009, though as of July 2009, has failed to advance.[48] No Dormant
Flag of Puerto Rico.svg Puerto Rico A bill that would place a constitutional amendment on the ballot that would ban same-sex marriage was voted down in June 2009.[49] No Voted down
Flag of Pennsylvania.svg Pennsylvania The state Senate committee is considering a 2009 amendment proposal introduce in June 2009[50] No Dormant
Flag of West Virginia.svg West Virginia Senate discusses a proposal that would allow West Virginians to vote for a statewide constitutional amendment banning same-sex
marriages.[51]
Pending
Flag of New Jersey.svg New Jersey New Jersey Republicans have proposed sending a constitutional amendment on the 2010 amendment, though this has been vehemently opposed by Democrats.[52] Pending
Flag of New Hampshire.svg New Hampshire New Hampshire Republicans drafted a bill to repeal the same-sex marriage law.[53] Pending
  • ^  Does not explicitly define marriage, but allows the legislature to define marriage.
  • ^  Ban declared unconstitutional by Judge Joseph Bataillon, Chief Judge of the U.S. District Court for the District of Nebraska.[54] The ruling was appealed to the Eighth U.S. Circuit Court of Appeals based in St. Louis.[55] That Court issued a ruling that re-instated the ban, declaring in part that it was a legitimate state interest.[56][dead link]
  • ^  On October 6, 2004 a Louisiana district judge tossed out the approved amendment saying it addressed two subjects: marriage and civil unions. Shortly after, the Louisiana Supreme Court unanimously overturned that ruling and found the amendment valid.[57]
  • ^  Ban declared unconstitutional on May 16, 2006 by Fulton County Superior Court Judge Constance C. Russell, who said it violated the single-subject rule in Georgia's constitution. Governor Sonny Perdue said he was disappointed by the decision, which he said ran contrary to the voice of Georgia voters. The following day, the ruling was appealed to the Supreme Court of Georgia. On July 6, 2006 the Georgia Supreme Court ruled that the ban did not violate the single-subject rule.[58][59][dead link]

[edit] Efforts to define marriage or other partnerships by statutory initiative

The following consists of votes by statutory initiatives that ban same-sex marriage and/or civil unions and domestic partnerships:

State Date Yes Yes vote No No vote Description Final outcome
West:
Flag of California.svg California March 2000 61% (4,618,673) 39% (2,909,370) Proposition 22. Amend the Family Code to say: Only marriage between a man and a woman is valid or recognized in California.[60][27] NoYes but ruled unconstitutional [28]
Flag of Colorado.svg Colorado November 2006 47% (641,443) 53% (727,433) Colorado Referendum I (2006) :
To allow same-sex couples to register as "domestic partners".[61]
NoNo
Flag of Maine.svg Maine November 2009 53% (299,021) 47% (265,076) Maine Question 1 (2009) :
In November 2009, Maine voters repealed a same-sex marriage law that had been passed by the legislature.[39]
NoNo
Flag of Washington.svg Washington November 2009 53.2% (950,000) 46.8% (804,032) Referendum 71 (2009) :
A veto has qualified for the November 2009 ballot and thus would overturn the domestic partnership expansion.
Yes Yes
  • ^  There is a debate as to whether the adoption of Prop 22 only prohibited California from recognizing same-sex marriages performed in other states.
  • ^  In March 2005, Judge Richard Kramer ruled there appeared to be no rational state compelling interest in limiting marriage to heterosexual couples. His ruling was appealed to the California Court of Appeal for the 1st District, which upheld Proposition 22 on October 5, 2006. The Supreme Court of California ruled on May 15, 2008, that Proposition 22 is unconstitutional and it was struck down by the state's highest court.

[edit] Efforts to define marriage or other partnerships by state Supreme Court decisions

The following consists of votes by state Supreme Court initiatives that allowed same-sex marriages or partnerships or even uphold bans on same-sex marriages:

State Date Vote for Vote against Description Restrictions unconstitutional? Final outcome
Flag of Minnesota.svg Minnesota October 1971 0 7 Court ruled that statutory ban on same-sex marriage was not unconstitutional. No No No No
Flag of Hawaii.svg Hawaii December 1997 3 2 Court ruled that the statutory ban on same-sex marriage was in violation of the state constitution's Equal Protection Clause. Ruling was stayed by the court the next day and later overturned via ballot measure. Yes Yes No No
Flag of Vermont.svg Vermont December 1999 5 0 Same-sex marriage or something similar must be implemented in 100 days. Yes Yes Yes Civil unions
Flag of Massachusetts.svg Massachusetts November 2003 4 3 Court said that same-sex marriages must be legal in 180 days. Yes Yes Yes Marriage
Flag of New York.svg New York July 2006 2 4 Court said that the ban on same-sex marriages is upheld. No No No No
Flag of Washington.svg Washington July 2006 4 5 Court said that the ban on same-sex marriages is upheld. No No No No
Flag of New Jersey.svg New Jersey October 2006 4 3 Same-sex marriage or something similar must be implemented in 100 days. Yes Yes Yes Civil union
Flag of Maryland.svg Maryland September 2007 3 4 Court said that the ban on same-sex marriages is upheld. No No No No
Flag of California.svg California May 2008 4 3 In 30 days same-sex marriages must be legal. Yes Yes No Marriage; repealed
Flag of Connecticut.svg Connecticut October 2008 4 3 In 30 days same-sex marriages must be legal. Yes Yes Yes Marriage
Flag of Iowa.svg Iowa April 2009 7 0 In 27 days same-sex marriages must be legal. Yes Yes Yes Marriage
Flag of California.svg California May 2009 1 6 Consitutional amendment upheld - however the 18,000 same-sex marriages are also upheld. No No No -
Flag of Texas.svg Texas 2010 Pending County judge ruled statutory and constitutional ban on same-sex marriage in violation of the US constitution; appealed to Supreme Court. On another note the statutory commission of Texas as quoted that; "all marriages are offically banned according to the Texas Constitution because the ban is very broard, covers all areas of how the law recognises relationships and does not contain any loopholes due to how and the way it was written". Yes/TBD TBD
Flag of New York.svg New York 2010 3-2/TBD The first case challenging the recognition of same-sex marriages in the state of New York was heard and upheld the rights that came with the recognition of same-sex marriages. The second case will be heard in front of the Court of Appeals, which begins its next session on 13 December 2009. Yes Recognition upheld/TBD Yes Continuing the recognition of same sex marriages aboard/TBD
Flag of Wisconsin.svg Wisconsin Summer 2010 Pending The Wisconsin supreme court is currently hearing arguments in a case that charges the 2006 referendum that banned same-sex marriage and civil unions was unconstitutional.[62] TBD TBD

[edit] See also

[edit] References

  1. ^ Project, Developments in the Law: The Constitution and the Family, 93 Harv. L. Rev. 1156, 1274 (1980) (discussing Baker's posture as precedent); see, e.g. Pamela R. Winnick, Comment, The Precedential Weight of a Dismissal by the Supreme Court for Want of a Substantial Federal Question: Some Implications of Hicks v. Miranda, 76 Colum. L. Rev. 508, 511 (1976); Baker v. Nelson, 409 U.S. 810 (1972).
  2. ^ Kravets, David (2006-04-02). "Two paths toward one goal: same-sex marriage". Associated Press. Gay and Lesbian Times. http://www.gaylesbiantimes.com/?id=7091. Retrieved 2009-10-04. 
  3. ^ "Senate OKs Bill on Rights for Unwed Couples". PQSAB. http://pqasb.pqarchiver.com/latimes/access/59581689.html?dids=59581689:59581689&FMT=ABS&FMTS=ABS:FT&type=current&date=Aug+24%2C+1994&author=CARL+INGRAM&pub=Los+Angeles+Times+%28pre-1997+Fulltext%29&desc=Senate+OKs+Bill+on+Rights+for+Unwed+Couples&pqatl=google. Retrieved 2009-09-09. 
  4. ^ "Wilson: no to domestic partnership bill". Newsbank. (September 12, 1994). http://nl.newsbank.com/nl-search/we/Archives?p_product=SB&p_theme=sb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0EB0DAE9F8A5FB1D&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM. Retrieved 2009-09-09. 
  5. ^ "Gay marriages get thumps up in state senate". Google News. (March 6, 1996). http://news.google.com/newspapers?id=e7wRAAAAIBAJ&sjid=O-0DAAAAIBAJ&pg=2906,3197079&dq=domestic-partnerships+hawaii. Retrieved 2009-09-09. 
  6. ^ Cloyd, Wendy ((December 15, 2006)). "New Jersey Legislature Adopts Civil Unions". Citizen Link. http://www.citizenlink.org/content/A000003440.cfm. Retrieved 2009-11-04. 
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  8. ^ Sklar, Roberta ((May 2, 2007)). "Task Force hails Oregon Senate passage of domestic partnership legislation covering same-sex couples". The Task Force. http://www.thetaskforce.org/press/releases/prOR_050207. Retrieved 2009-11-04. 
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