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| One same sex couples (both women) from Honolulu are suing the state of Hawaii for the right to marry after being told they could not file for a marriage license by the state health department.<ref>[http://www.advocate.com/News/Daily_News/2011/12/09/Lesbian_Couple_Sues_Hawaii_for_Right_to_Marry/ Lesbian Couple Sues Hawaii for Right to Marry]</ref>
| One same sex couple from Honolulu are suing the state of Hawaii for the right to marry after being told they could not file for a marriage license by the state health department.<ref>[http://www.advocate.com/News/Daily_News/2011/12/09/Lesbian_Couple_Sues_Hawaii_for_Right_to_Marry/ Lesbian Couple Sues Hawaii for Right to Marry]</ref>
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Revision as of 05:46, 1 June 2012

Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ 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.

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.

On March 16, 2011, companion bills were introduced by House and Senate Democrats to repeal the Defense of Marriage Act. The bills are named the Respect for Marriage Act[1]

State level

See also: Same-sex marriage law in the United States by state

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
District of Columbia June 1992 [14] Domestic partnership (limited) Passed Signed Yes Yes
California September 1994 Domestic partnership (limited)[2][3] 21 17 41 26 Vetoed No No
Hawaii March 1996 Domestic partnership (limited)[4] 14 11 Failed - No No
Hawaii June 1997 Reciprocal beneficiary relationship 24 7 43 27 Signed Yes Yes
California September 1998 Domestic partnership (limited)[5] 21 17 41 36 Vetoed No No
California October 1999 Domestic partnership (limited)[6] 23 13 41 38 Vetoed No No
California October 1999 Domestic partnership (limited)[7] 22 14 41 36 Signed Yes Yes
Vermont April 2000 Civil union 19 11 79 68 Signed Yes Yes
California August 2001 Domestic partnership (expansion)[8] 22 12 41 27 Signed Yes Yes
California October 2001 Domestic partnership (expansion)[9] 23 11 41 32 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[10] 26 11 41 31 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[11] 23 13 43 27 Signed Yes Yes
California September 2003 Domestic partnership (expansion)[12] 23 14 41 33 Signed Yes Yes
New Jersey January 2004 Domestic partnership (limited) 23 9 41 28 Signed Yes Yes
Maine April 2004 Domestic partnership (limited) 19 14 84 58 Signed Yes Yes
California September 2004 Domestic partnership (expansion)[13] 23 12 46 29 Signed Yes Yes
Utah February 2005 Reciprocal beneficiary relationship 10 18 - - - No No
Connecticut April 2005 Civil union 27 9 85 63 Signed Yes Yes
Maryland May 2005 Domestic partnership (limited) 31 16 83 50 Vetoed No No
California June 2005 Same-sex marriage - - 37 36 - No No
Oregon July 2005 Civil union 19 10 - - - No No
California September 2005 Same-sex marriage 21 15 41 35 Vetoed No No
California September 2005 Domestic partnership (expansion)[14] 23 15 47 28 Signed Yes Yes
California September 2005 Domestic partnership (expansion)[15] 21 14 47 32 Signed Yes Yes
District of Columbia April 2006 Domestic partnership (expansion) Passed Signed Yes Yes
California September 2006 Domestic partnership (expansion)[16] 24 15 46 29 Signed Yes Yes
California September 2006 Domestic partnership (expansion)[17] 23 15 47 31 Signed Yes Yes
Colorado November 2006 Domestic partnership Voter Referendum (47% to 53%) No No
New Jersey December 2006 Civil union[18] 23 12 56 19 Signed Yes Yes
New Hampshire April 2007 Civil union[19] - - Failed - No No
Washington April 2007 Domestic partnership (limited)[20] 28 19 63 35 Signed Yes Yes
Oregon May 2007 Domestic partnership[21] 21 9 34 26 Signed Yes Yes
New Hampshire May 2007 Civil union 14 10 243 129 Signed Yes Yes
New York June 2007 Same-sex marriage[22] - - 85 61 - No No
California September 2007 Same-sex marriage 22 15 42 34 Vetoed No No
California October 2007 Domestic partnership (expansion)[23] Passed Passed Signed Yes Yes
New Hampshire January 2008 Contractual cohabitation[24] Failed - - - No No
New Mexico February 2008 Domestic partnership[25] - - 33 31 - No No
Washington March 2008 Domestic partnership (expansion)[26] 29 20 62 32 Signed Yes Yes
Maryland May 2008 Domestic partnership (limited)[27] 30 17 88 46 Signed Yes Yes
District of Columbia May 2008 Domestic partnership (expansion)[28] Passed Signed Yes Yes
New Mexico February 2009 Domestic partnership[29] 17 25 - - - No No
Vermont April 2009 Same-sex marriage[30] 23 5 100 49 Vetoed 1 Yes Yes
Colorado April 2009 Designated beneficiary agreement 23 10 41 24 Signed Yes Yes
Connecticut April 2009 Same-sex marriage (codification)[31] 28 7 100 44 Signed Yes Yes
Maine May 2009 Same-sex marriage[32] 21 14 89 58 Signed No No 2
District of Columbia May 2009 Same-sex marriage (recognition only)[33] Passed Signed Yes Yes
Washington May 2009 Domestic partnership (expansion)[34] 30 18 62 35 Signed Yes Yes 3
Nevada May 2009 Domestic partnership[35] 14 7 28 14 Vetoed 1 Yes Yes
New Hampshire June 2009 Same-sex marriage[36] 14 10 198 176 Signed Yes Yes
Oregon June 2009 Domestic partnership (expansion)[37] 27 0 41 8 Signed Yes Yes
Wisconsin June 2009 Domestic partnership (limited)[38] 17 16 50 48 Signed Yes Yes
California October 2009 Out-of-state pre-proposition 8 marriage recognition[39] 24 14 44 27 Signed Yes Yes
New York December 2009 Same-sex marriage[40] 24 38 89 52 - No No
District of Columbia December 2009 Same-sex marriage[41] n/a 11 2 Signed Yes Yes
Rhode Island January 2010 Domestic partnership (only 1 entitlement)[42] 31 3 67 3 Vetoed 1 Yes Yes
New Jersey January 2010 Same-sex marriage[43] 14 20 - - - No No
Minnesota May 2010 Domestic partnership (only 1 entitlement)[44] 41 24 78 55 Vetoed No No
Hawaii July 2010 Civil union[45] 18 7 31 20 Vetoed No No
New York July 2010 Domestic partnership (only 1 entitlement)[46] 50 11 127 26 Signed Yes Yes
California September 2010 Domestic partnership (expansion)[47] 23 12 53 24 Signed Yes Yes
Illinois January 2011 Civil union[48][49][50] 32 24 61 52 Signed Yes Yes
Hawaii February 2011 Civil union[51] 18 5 31 19 Signed Yes Yes
New Hampshire March 2011 Domestic union[52] - - Failed - No No
Maryland March 2011 Same-sex marriage[53][54] 25 21 - - - No No
Colorado March 2011 Civil union[55][56] 23 12 - - - No No
Washington April 2011 Recognition of out-of-state same-sex union as domestic partnership[57] 28 19 58 39 Signed Yes Yes
Delaware May 2011 Civil union[58] 13 6 26 15 Signed Yes Yes
New York June 2011 Same-sex marriage[59] 33 29 80 63 Signed Yes Yes
Rhode Island July 2011 Civil union[60] 21 16 62 11 Signed Yes Yes
California September 2011 Domestic partnership (expansion)[61] 22 13 52 25 Signed Yes Yes
California October 2011 Domestic partnership (expansion)[62] 25 15 Passed Signed Yes Yes
California October 2011 Domestic partnership (expansion)[63] 24 13 Passed Signed Yes Yes
Washington February 2012 Same-sex marriage[64] 28 21 55 43 Signed Yes Yes
New Jersey February 2012 Same-sex marriage[65] 24 16 42 33 Vetoed No No
Maryland March 2012 Same-sex marriage[66] 25 22 72 67 Signed Yes Yes
Colorado May 2012 Civil union[67] 23 12 - - - No No
Rhode Island 2012 Same-sex marriage[68] Proposed Proposed ...

Notes:

Efforts to prohibit same-sex unions

Votes by state legislatures to prohibit recognition of 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
Maryland May 1973 Same-sex marriage[69] Passed Passed Signed Yes Yes
Florida June 1977 Same-sex marriage[70][71][72] 37 0 101 11 Signed Yes Yes
California August 1977 Same-sex marriage[73] 23 5 Passed Signed Yes Yes
Wyoming October 1977 Same-sex marriage[74] Passed Passed Signed Yes Yes
New Hampshire 1987 Same-sex marriage[75] Passed Passed Signed Yes Yes
New Hampshire March 1994 Recognition of out-of-state same-sex marriage[76] 11 12 - - - No No
Hawaii June 1994 Same-sex marriage[77] Passed Passed Signed Yes Yes
Utah March 1995 Recognition of out-of-state same-sex marriage[78] Passed Passed Signed Yes Yes
Idaho March 1996 Recognition of out-of-state same-sex marriage[79] 28 4 59 6 Signed Yes Yes
Colorado March 1996 Same-sex marriage[80] Passed Passed Vetoed No No
Kansas April 1996 Same-sex marriage[81] 39 1 Passed Signed Yes Yes
Alaska May 1996 Same-sex marriage[82] Passed Passed Not Signed Yes Yes
Illinois May 1996 Same-sex marriage[83][84] 42 9 87 13 Signed Yes Yes
South Carolina May 1996 Same-sex marriage[85][86] Passed 82 0 Signed Yes Yes
Michigan June 1996 Same-sex marriage[87][88] 31 2 88 14 Signed Yes Yes
Michigan June 1996 Recognition of out-of-state same-sex marriage[87][88] Passed 74 28 Signed Yes Yes
Delaware June 1996 Same-sex marriage[89] Passed Passed Signed Yes Yes
North Carolina June 1996 Recognition of out-of-state same-sex marriage[90][91] 41 4 98 10 Signed Yes Yes
Missouri July 1996 Same-sex marriage[92] 29 2 131 10 Signed Yes Yes
California August 1996 Same-sex marriage[93] 20 21 Passed - No No
Pennsylvania October 1996 Same-sex marriage[94][95] 43 5 189 13 Signed Yes Yes
Mississippi February 1997 Same-sex marriage[96] Passed Passed Signed Yes Yes
Washington February 1997 Same-sex marriage[97] 33 15 63 35 Vetoed No No
Maine March 1997 Same-sex marriage[98] 24 10 106 39 Not Signed Yes Yes
Florida May 1997 Recognition of out-of-state same-sex marriage[99] 33 5 97 19 Not Signed Yes Yes
Colorado June 1997 Same-sex marriage[100] Passed Passed Vetoed No No
Washington February 1998 Same-sex marriage[101][102] 34 11 65 28 Vetoed 1 Yes Yes
Alabama May 1998 Same-sex marriage[103] 30 0 79 12 Signed Yes Yes
West Virginia March 2000 Same-sex marriage[104] Passed 96 3 Signed Yes Yes
New Hampshire March 2000 Recognition of out-of-state same-sex marriage[105] - - 128 232 - No No
Colorado May 2000 Same-sex marriage[106] Passed 37 28 Signed Yes Yes
New Hampshire March 2001 Recognition of out-of-state civil union[107] - - 88 276 - No No
Missouri July 2001 Same-sex marriage[108] Passed Passed Signed Yes Yes
American Samoa March 2003 Same-sex marriage[109] Failed - - - No No
New Hampshire March 2003 Recognition of out-of-state civil union[110] - - Failed - No No
Wisconsin November 2003 Same-sex marriage[111][112] 22 10 68 29 Vetoed No No
Ohio February 2004 Recognition of out-of-state same-sex marriage[113][114] 72 22 18 15 Signed Yes Yes
New Hampshire May 2004 Recognition of out-of-state same-sex marriage[115] 16 7 215 137 Signed Yes Yes
Wyoming February 2007 Recognition of out-of-state same-sex marriage[116] 21 8 - - - No No
New Hampshire March 2008 Recognition of out-of-state same-sex marriage and civil union[117] - - Failed - No No
New Hampshire March 2009 Civil union[118] - - 136 205 - No No
New Hampshire February 2010 Same-sex marriage[119][120] - - 109 210 - No No
Wyoming March 2011 Recognition of out-of-state same-sex marriage[121] 14 16 31 28 - No No
New Hampshire March 2012 Same-sex marriage[122] - - 116 211 - No No

Notes:

  • 1Veto overridden.

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

State Intended date Same-sex union Description Outcome
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 narrowly defeated by a vote of 53%-47%. No No
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
Maine November 2012 Marriage Advocates for marriage equality in Maine have worked to change public opinion on same-sex marriage.[123] As of January 2012, the group had collected just over 105,000 signatures to qualify for the ballot in November 2012.[124] Pending[125]
Ohio November 2013 Marriage The Freedom to Marry Coalition is trying to gather 385,253 valid signatures in order to put a marriage equality amendment on the ballot in November 2013.[126] Collecting

Efforts to ban same-sex unions by constitutional amendment

See also: List of U.S. state constitutional amendments banning same-sex unions by type and U.S. state constitutional amendments banning same-sex unions

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:
Alaska Ballot Measure 2 Marriage November 1998 68% (152,965) 32% (71,631) Yes Yes
Hawaii Constitutional Amendment 2 Marriage ban
permitted 		November 1998 69% (285,384) 31% (117,827) Yes Yes 1
2000:
Nebraska Initiative Measure 416 Marriage,
civil union and
domestic partnership 		November 2000 70% (450,073) 30% (189,555) Yes Yes 2
2002:
Nevada Question 2 Marriage November 2002 67% (337,183) 33% (164,555) Yes Yes
2004:
Arkansas Constitutional Amendment 3 Marriage and
civil union 		November 2004 75% (753,770) 25% (251,914) Yes Yes
Georgia Constitutional Amendment 1 Marriage and
civil union 		November 2004 76% (2,454,912) 24% (768,703) Yes Yes 3
Kentucky Constitutional Amendment 1 Marriage and
civil union 		November 2004 75% (1,222,125) 25% (417,097) Yes Yes
Louisiana Constitutional Amendment 1 Marriage and
civil union 		September 2004 78% (618,928) 22% (177,103) Yes Yes 4
Michigan State Proposal - 04-2 Marriage,
civil union and
domestic partnership 		November 2004 59% (2,698,077) 41% (1,904,319) Yes Yes
Mississippi Amendment 1 Marriage November 2004 86% (957,104) 14% (155,648) Yes Yes
Missouri Constitutional Amendment 2 Marriage August 2004 71% (1,055,771) 29% (439,529) Yes Yes
Montana Initiative 96 Marriage November 2004 67% (295,070) 33% (148,263) Yes Yes
North Dakota Constitutional Measure 1 Marriage and
civil union 		November 2004 73% (223,572) 27% (81,716) Yes Yes
Ohio State Issue 1 Marriage and
civil union 		November 2004 62% (3,329,335) 38% (2,065,462) Yes Yes
Oklahoma State Question 711 Marriage and
civil union 		November 2004 76% (1,075,216) 24% (347,303) Yes Yes
Oregon Measure 36 Marriage November 2004 57% (1,028,546) 43% (787,556) Yes Yes
Utah Constitutional Amendment 3 Marriage and
civil union 		November 2004 66% (593,297) 34% (307,488) Yes Yes
2005:
Kansas Proposed amendment 1 Marriage and
civil union 		April 2005 70% (414,106) 30% (178,018) Yes Yes
Texas Proposition 2 Marriage and
civil union 		November 2005 76% (1,718,513) 24% (536,052) Yes Yes
2006:
Alabama Sanctity of Marriage Amendment Marriage and
civil union 		June 2006 81% (734,746) 19% (170,399) Yes Yes
Arizona Proposition 107 Marriage and
civil union 		November 2006 48% (721,489) 52% (775,498) No No
Colorado Amendment 43 Marriage November 2006 56% (768,700) 44% (612,155) Yes Yes
Idaho Amendment 2 Marriage and
civil union 		November 2006 63% (281,823) 37% (163,191) Yes Yes
South Carolina Amendment 1 Marriage and
civil union 		November 2006 78% (818,894) 22% (230,674) Yes Yes
South Dakota Amendment C Marriage,
civil union and
domestic partnership 		November 2006 52% (172,237) 48% (160,756) Yes Yes
Tennessee Amendment 1 Marriage November 2006 81% (1,417,315) 19% (326,335) Yes Yes
Virginia Marshall-Newman Amendment Marriage,
civil union and
domestic partnership 		November 2006 57% (1,325,668) 43% (1,003,967) Yes Yes
Wisconsin Referendum 1 Marriage and
civil union 		November 2006 59% (1,260,554) 41% (861,554) Yes Yes
2008:
Arizona Proposition 102 Marriage November 2008 56% (1,258,355) 44% (980,753) Yes Yes
California Proposition 8 Marriage November 2008 52% (7,001,084) 48% (6,401,482) Yes Yes5
Florida Amendment 2 Marriage and
civil union 		November 2008 62% (4,890,883) 38% (3,008,026) Yes Yes
2012:
North Carolina Amendment 1 Marriage,
civil union and
domestic partnership 		May 2012 61% (1,317,976) 39% (829,823) Yes Yes
Minnesota SF 1308 Marriage November 2012 TBD TBD ...

Notes:

  • 1 Does not explicitly define marriage, but allows the legislature to define marriage.
  • 3 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.[130][131][dead link]
  • 4 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.[132]

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

State 2004 2005 2006 2007 2008 2009 2010 2011 2012 Details
Delaware 2009 The proposed constitutional amendment to ban gay marriage failed. It was known as Senate Bill 27.[134] Failed Failed
Indiana 2004 2005 2006 2007 2008 2009 2010 2011 The Indiana State Senate voted 38-10 by Republican party lines for Senate Joint Resolution 13 to approve a constitutional amendment on the ballot in 2010 that defines marriage as "1 man and 1 woman" The amendment died in state House. Since 2004 Amendements have been proposed or voted on.[135] The amendment died in state House.[136] Another amendment to ban same-sex marriage and civil unions is expected to be introduced in 2011, since Republicans now have control of both chambers of the state legislature. On 2/15/2011, the Indiana State House approved a ban on Civil Unions and Marriage (70-26). The bill passed the Republican-led Senate by a 40-10 vote. According to state law, the bill must be approved by the next, separately-elected legislatures before voters are allowed to decide its fate. If approved by the next legislature, voters won't see the measure on the ballot until 2014.[137] ...
Iowa 2004 2005 2010 2011 After the Iowa Supreme Court made same-sex marriage legal in 2009, a backlash quickly developed that resulted in three of the justices losing their seats in the 2010 election. Additionally, Republicans took control of the state house and fell one seat short of taking over the state senate. Expect the process to initiate a new gay marriage ban to begin sometime next year. Its success lies largely with the Democrat-controlled state senate. For the issue to come before Iowa voters, a proposed constitutional amendment has to be approved in exactly the same form by two consecutive general assemblies.[138] Failed Failed
Minnesota 2004 2005 2006 2007 2009 2011 A bill was sponsored in 2009, but failed to be brought up for a vote. An amendment was introduced again in 2011. The House and Senate bills both flew out of the committee and passed.[139][140] Both are referred to other area. The bill would have been approved by majority by both the Senate and House by May 23, 2011. On 11 May 2011, the Senate passed the bill by a 38-27 vote.[141] On May 22, 2011, an amendment was passed by the House by a vote of 70-62 and will be on the ballot in November 2012. Yes Yes vote
New Hampshire 2006 2007 2010 On 17 February 2010, a proposed constitutional amendment failed by a 201-135 margin.[142][143] Constitutional amendments in New Hampshire require 2/3 approval from voters, a tall order on any issue. Failed Failed
New Jersey 2006 2007 2008 2010 Bills to place an amendment on the ballot have all failed in the most recent years. They were all referred to the House or Senate Judiciary Committee where they all failed. Failed Failed
New Mexico 2007 2008 2009 2010 2011 The New Mexico legislature recently introduced four bills that would restrict in-state gay marriage in 2011.[144] All bills were killed by the house committee on February 18, 2011.[145] Failed Failed
Pennsylvania 2006 2008 2009 2010 2011 A joint resolution for the Commonwealth of Pennsylvania was introduced in the House on May 3, 2011. The bill bans same-sex marriage and civil union. Pennsylvania would become the first northeastern state with a marriage amendment were it to pass. According to state law, the bill must be approved by the next, separately-elected legislatures before voters are allowed to decide its fate. If approved by the next legislature, voters won't see the measure on the ballot until 2014.[146][147] ...
West Virginia 2009 2010 2011 West Virginia Senate lawmakers have proposed a constitutional amendment on the ballot in 2010 that defines marriage as "a union between and man and a woman". The amendment was defeated.[148][149] Another proposition was introduced in January 2011.[150] Bills were introduced in the Senate and the House, they both have failed to advance because the Democrats have control of both houses. Failed Failed
Wyoming 2009 2011 In 2009, the House of Representatives considered an amendment to the state constitution, House Joint Resolution 17 (aka the "Defense of Marriage" resolution), defining marriage as a union between a man and a woman. After an intense, emotional debate on the matter, the measure was defeated in a vote by the full House on February 6, with 35 votes against and 25 in favor. On January 27, 2011, the Senate approved the amendment.[151] However, it died in the House.[152] Failed Failed

Efforts to ban same-sex unions 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
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.[153]1 NoYes but ruled unconstitutional.2

Notes:

  • 1 There is a debate as to whether the adoption of Prop 22 only prohibited California from recognizing same-sex marriages performed in other states.
  • 2 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.

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 uphold bans on same-sex marriages:

State Date Vote for Vote against Description Restrictions unconstitutional? Final outcome
Minnesota October 1971 0 7 Court ruled that Minnesota's marriage statute applied only to opposite-sex couples. No No No No
Kentucky November 1973 0 7 Court ruled that Kentucky's marriage statute applied only to opposite-sex couples. No No No No
Washington October 1974 Failed Washington Supreme Court refused to hear appeal of same-sex couple who were denied a marriage license by their county clerk. Washington Appellate Court's decision stating that state marriage statutes only applied to opposite-sex couples upheld. No No No No
Hawaii May 1993 3 1 Court ruled that state must provide a compelling interest to restricting marriage to opposite-sex couples. Remanded case to lower courts for trial on the subject. Yes Yes No No
District of Columbia January 1995 0 9 Court ruled that District's marriage statute applied only to opposite-sex couples.[154][155] No No No No
Hawaii December 1999 0 5 Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment. No No No No
Vermont December 1999 5 0 Same-sex marriage or something similar must be implemented in 100 days. Yes Yes Yes Civil unions
Alaska April 2001 0 5 Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment No No No No
Massachusetts November 2003 4 3 Court said that same-sex marriages must be legal in 180 days. Yes Yes Yes Marriage
Arizona May 2004 Failed Court refused to hear an appeal of Arizona Appellate Court ruling upholding statutory marriage ban.[156] No No No No
Louisiana January 2005 0 7 Constitutional amendment upheld. No No No No
Oregon April 2005 0 7 Court ruled that plaintiffs' arguments were moot in light of 2004 state constitutional amendment banning same-sex marriage.[157] No No No No
Georgia July 2006 0 7 Constitutional amendment upheld. No No No No
New York July 2006 2 4 Court said that the ban on same-sex marriages is upheld. No No No No
Washington July 2006 4 5 Court said that the ban on same-sex marriages is upheld. No No No No
New Jersey October 2006 7 0 Same-sex marriage or something similar must be implemented in 100 days. Yes Yes Yes Civil union
Maryland September 2007 3 4 Court said that the ban on same-sex marriages is upheld. No No No No
California May 2008 4 3 In 30 days same-sex marriages must be legal. Yes Yes No Marriage repealed
Connecticut October 2008 4 3 In 30 days same-sex marriages must be legal. Yes Yes Yes Marriage
Iowa April 2009 7 0 In 27 days same-sex marriages must be legal. Yes Yes Yes Marriage
California May 2009 1 6 Constitutional amendment upheld - however the 18,000 same-sex marriages are also upheld. No No No -
New York October 2009 3 2 The 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. Yes Recognition upheld Yes Continuing the recognition of same-sex marriages abroad.
Wisconsin June 2010 0 7 Constitutional amendment upheld by the state's Supreme Court.[158] No No No No
Texas September 2010 Failed County judge ruled statutory and constitutional ban on same-sex marriage in violation of the US constitution; appealed to 5th Texas Court of Appeals. The court says Texas’ same-sex marriage ban is constitutional.[159] No No No No
Minnesota March 2011 Failed The ban on same-sex marriages was upheld.[160] No No No No
Wyoming June 2011 Allowed Two Wyoming residents are seeking a legal remedy to dissolve a legal relationship created under the laws of Canada.[161] Yes Yes Yes Couple can divorce in Wyoming
New Jersey 2012 ... Seven same sex couples filed a lawsuit asserting that New Jersey's civil unions law does not adequately protect same-sex couples under the law in the same way marriage does.[162] ... ...
Hawaii 2012 ... One same sex couple from Honolulu are suing the state of Hawaii for the right to marry after being told they could not file for a marriage license by the state health department.[163] ... ...
Nevada 2012 ... Eight same sex couples filed a federal lawsuit for the right to marry.[164] ... ...
Illinois 2012 ... Sixteen same sex couples filed a lawsuit challenging the state law which prohibits same-sex couples from marriage.[165] ... ...

See also

References

  1. ^ Democrats Aim For DOMA Repeal
  2. ^ Ingram, Carl (August 24, 1994). "Senate OKs Bill on Rights for Unwed Couples". PQSAB. Retrieved 2009-09-09. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  3. ^ "Wilson: no to domestic partnership bill". Newsbank. (September 12, 1994). Retrieved 2009-09-09. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  4. ^ "Gay marriages get thumps up in state senate". Google News. (March 6, 1996). Retrieved 2009-09-09. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  5. ^ AB 1059
  6. ^ SB 75
  7. ^ AB 26
  8. ^ SB 1049
  9. ^ AB 25
  10. ^ SB 1575
  11. ^ AB 2216
  12. ^ AB 205
  13. ^ AB 2208
  14. ^ SB 565
  15. ^ SB 973
  16. ^ SB 1827
  17. ^ AB 2051
  18. ^ Cloyd, Wendy ((December 15, 2006)). "New Jersey Legislature Adopts Civil Unions". Citizen Link. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  19. ^ Docket of HB905
  20. ^ "Washington State Passes Domestic Partnership Bill". US Politics. (April 12, 2007). Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  21. ^ Sklar, Roberta ((May 2, 2007)). "Task Force hails Oregon Senate passage of domestic partnership legislation covering same-sex couples". The Task Force. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  22. ^ "New York governor to propose legalizing same-sex marriage". CNN. (April 14, 2009). Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  23. ^ AB 102
  24. ^ Docket of SB240
  25. ^ Sklar, Roberta ((February 21, 2008)). "Task Force Action Fund denounces New Mexico Senate's rejection of comprehensive domestic partnership bill". The Task Force. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  26. ^ Luna, Brad ((March 13, 2008)). "WA domestic partnership expansion bill signed into law". Free Press. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  27. ^ "SENATE BILL 566".
  28. ^ Jantzen, M. V. ((May 16, 2008)). "D.C. Council Passes Domestic Partner Law Expansion". DCist. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  29. ^ Terrell, Steven ((February 26, 2009)). "Domestic partnership bill fails in Senate". Santa Fe New Mexican. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  30. ^ Abel, David ((April 8, 2009)). "Vermont legalizes same-sex marriage". The Boston Globe. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  31. ^ Matthews, Chase ((April 23, 2009)). "Connecticut Gov. signs gay marriage into law". Chicago Pride. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  32. ^ Goodnough, Abby ((May 5, 2009)). "Gay Marriage Advances in Maine". New York Times. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  33. ^ Craig, Tim ((May 5, 2009)). "Uproar in D.C. as Same-Sex Marriage Gains". Washington Post. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  34. ^ "Washington Expands Domestic Partnerships, Offers Almost-Marriage". Family Fairness. (April 16, 2009). Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  35. ^ "Nevada legalizing domestic partnerships". CNN. (May 31, 2009). Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  36. ^ Love, Norma ((June 3, 2009)). "Gay Marriage: New Hampshire Makes Same-Sex Marriage Legal". Huffington Post. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  37. ^ House Bill 2839
  38. ^ Burroway, Jim ((June 17, 2009)). "Wisconsin Senate Approves Domestic Partnerships". Box Turtle Bulletin. Retrieved 2009-11-04. {{cite news}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  39. ^ Schwarzenegger signs Milk Day, marriage recognition into law
  40. ^ Honan, Edith (December 2, 2009). "NY Senate votes down gay marriage bill 38-24". Reuters.
  41. ^ "Washington, D.C. Mayor Signs Law Legalizing Same-Sex Marriage". RTTNews. December 18, 2009.
  42. ^ RI Lawmakers Back Funeral Rights For Gays
  43. ^ "Gay marriage bill up for vote in NJ next week". Google. Associated Press. December 3, 2009.
  44. ^ Citing Marriage, Tim Pawlenty Rejects Gay Rights Bill
  45. ^ Hawaii Senate passes civil-unions bill with veto-proof majority, 18-7
  46. ^ New York Law Requires Employers to Grant Funeral Leave Benefits to Same-Sex Partners Similar to Those Accorded to Other Employees
  47. ^ AB 2055
  48. ^ Illinois House passes civil unions legislation in historic vote
  49. ^ Illinois Senate OK's Civil Unions For Gay & Lesbian Couples
  50. ^ Illinois Governor Signs Historic Law, Extends a Measure of Fairness to All Couples
  51. ^ Hawaii State Legislature 2011 Regular Session SB232 SD1
  52. ^ Docket of HB569
  53. ^ Senate approves gay marriage; House passage not assured
  54. ^ Maryland gay marriage bill dies with no final vote
  55. ^ Colorado Senate Passes Civil Unions Bill
  56. ^ House panel kills Colorado civil unions bill on 6-5 party-line vote
  57. ^ Concerning reciprocity and statutory construction with regard to domestic partnerships
  58. ^ Senate Bill # 30
  59. ^ New York Allows Same-Sex Marriage, Becoming Largest State to Pass Law
  60. ^ BREAKING NEWS: House Passes Controversial Civil Unions Bill
  61. ^ SB 117
  62. ^ SB 651
  63. ^ SB 757
  64. ^ [1]
  65. ^ Same-Sex Marriage On New Jersey Senate Agenda
  66. ^ Gay-marriage battle heating up in several states, including Maine
  67. ^ [2]
  68. ^ [3]
  69. ^ [4]
  70. ^ Same-Sex Marriages Banned by Fla. House
  71. ^ Bills OK'd Barring Homosexual marriage, adoption
  72. ^ Askew signs bill to ban gay marriage
  73. ^ Homosexual Marriage Ban Signed
  74. ^ [5]
  75. ^ New Hampshire
  76. ^ SB557
  77. ^ Hawaii bans same-sex marriages
  78. ^ UTAH MAY IGNORE GAY UNIONS
  79. ^ Batt signs law banning recognition of same-sex marriage
  80. ^ Mariage veto
  81. ^ Lawmakers say no to same-sex marriages
  82. ^ Alaska Bars Gay Marriage, Congress To Debate Issue
  83. ^ SAME-SEX MARRIAGE BAN OK'D
  84. ^ Governor signs bill prohibiting same-sex marriage
  85. ^ Senators support bill banning gay marriages
  86. ^ Governor signs ban on same-sex unions
  87. ^ a b House OK's ban on gay marriages
  88. ^ a b State Senate OK's gay marriage, sends bill to Engler
  89. ^ Governor signs bill against gay unions
  90. ^ [6] The Bill
  91. ^ [7] North Carolina SB1487
  92. ^ Gay marriage ban becomes law State of Missouri will recognize only male-female unions
  93. ^ [http://nl.newsbank.com/nl-search/we/Archives?p_product=WT&p_theme=wt&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0EB0F20C55F3343A&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM Setback for same-sex marriage ban Lieutenant governor's tie-breaking vote dooms measure]
  94. ^ STATE SENATE VOTES TO BAN HOMOSEXUAL MARRIAGES IN PA.
  95. ^ LEGISLATURE PASSES SAME-SEX MARRIAGE BAN GOV. RIDGE SAID HE WILL SIGN THE MEASURE
  96. ^ Mississippi joins ban on same-sex unions
  97. ^ Locke's veto of gay marriage ban stands
  98. ^ "Gay-marriage ban called irrelevant". Boston Globe. April 1, 1997.
  99. ^ Chiles lets gay mariage ban stand
  100. ^ Gay marriage ban vetoed
  101. ^ "Washington Bans Gay Marriage". Chicago Tribune. February 8, 1998.
  102. ^ http://apps.leg.wa.gov/billinfo/summary.aspx?year=1997&bill=1130 Veto Vote
  103. ^ http://news.google.com/newspapers?id=ic4dAAAAIBAJ&sjid=1KcEAAAAIBAJ&pg=2660,5596744&dq=marriage+ban&hl=en
  104. ^ West Virginia Legislature passes same-sex marriage ban
  105. ^ HB1293
  106. ^ Governor signs gay-marriage ban among flock of other bills
  107. ^ HB454
  108. ^ Same-sex marriage ban
  109. ^ American Samoa Seante rejects bill outlawing same sex marriages
  110. ^ HB553
  111. ^ . November 14, 2003 http://nl.newsbank.com/nl-search/we/Archives?p_product=PD&s_site=twincities&p_multi=SP&p_theme=realcities&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0FEDCCFD6D199435&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM. {{cite news}}: Missing or empty |title= (help)
  112. ^ [8] Same-Sex Marriage Assembly/Senate Votes (WI)
  113. ^ [9] Details of the Law and Votes Found at the bottom
  114. ^ [10] HB172 Fiscal Note & Local Impact Statement
  115. ^ SB427
  116. ^ S.F. No. 0013 Same sex marriages
  117. ^ HB1415
  118. ^ HB453
  119. ^ New Hampshire House Overwhelmingly Rejects Attempt to Repeal Marriage Rights
  120. ^ Repealing New Hampshire’s Gay Marriage Law Is *Inexpedient To Legislate*
  121. ^ Anti-gay marriage bill defeated in Senate
  122. ^ New Hampshire House kills repeal of gay marriage law
  123. ^ [11]
  124. ^ [12]
  125. ^ [13]
  126. ^ http://www.huffingtonpost.com/2012/04/03/same-sex-marriage-amendment-ohio_n_1400714.html Same-Sex Marriage Amendment In Ohio Gets Green Light
  127. ^ Curry, Tom (2005-05-12). "Judge strikes down Nebraska gay marriage ban". MSNBC. Retrieved 2009-10-04.
  128. ^ Baur, Scott (2005-06-10). "Appeal filed to restore Nebraska's prohibition of same-sex marriage". Lawrence Journal-World. Retrieved 2009-10-04.
  129. ^ Washington Post
  130. ^ "Georgia governor vows special session if gay marriage appeal slows". WIS News 10. 2006-05-17. Retrieved 2009-10-04.
  131. ^ http://www.cnn.com/2006/LAW/07/06/MF.gay.marriage.ap/. {{cite news}}: Missing or empty |title= (help); Unknown parameter |deadurl= ignored (|url-status= suggested) (help) [dead link]
  132. ^ "Marriage unanimously affirmed in Louisiana". Alliance Defense Fund. 2005-01-19. Retrieved 2009-10-04.
  133. ^ "Judge strikes down Prop. 8, allows gay marriage in California". L.A. Times. 2010-08-04. Retrieved 4 August 2010.
  134. ^ Delaware Senate Defeats Gay Marriage Ban
  135. ^ Amendment prohibiting gay marriage clears Senate
  136. ^ Marriage Discrimination Amendment Dies in State Legislature
  137. ^ Indiana House Passes Gay Marriage Ban
  138. ^ Iowa’s governor-elect wants vote to ban gay marriage, criticizes Senate leader
  139. ^ Minnesota Gay Marriage Ban Amendment Clears First Hurdle
  140. ^ Minnesota Gay Marriage Ban Amendment Clears House Panel
  141. ^ "Minn. Senate OKs Vote on Gay-Marriage Ban". The Wall Street Journal. May 11, 2011. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help) [dead link]
  142. ^ NH House rejects two anti-gay marriage measures
  143. ^ N.H. House Rejects Gay Marriage Ban
  144. ^ Legislation introduced to restrict gay marriage in New Mexico
  145. ^ Marriage Definition Bill Tabled Thursday
  146. ^ House Bill Marriage Amendment
  147. ^ Metcalf wants 'man-woman' as Pennsylvania constitutional marriage definition
  148. ^ Lawmakers Study Amendment Banning Gay Marriage
  149. ^ W.Va. Gay Marriage Ban Fails in House
  150. ^ West Virginia Senators David Nohe, Donna Boley Back Gay Marriage Ban
  151. ^ (Wyo.)-House Now Gets Chance At Gay Marriage Bill
  152. ^ Same-sex marriage constitutional amendment dies in Wyoming House after missing deadline
  153. ^ Full Results
  154. ^ Dean v. District of Columbia
  155. ^ Dean v. District of Columbia
  156. ^ Legal Marriage Court Cases
  157. ^ Mary Li and Rebecca Kennedy et al. v. State of Oregon et al.
  158. ^ Wisconsin Supreme Court Upholds Gay Marriage Ban
  159. ^ Dwyer Arce (September 1, 2010). "Texas appeals court upholds same-sex marriage ban". JURIST - Paper Chase.
  160. ^ Judge lets Minnesota gay marriage ban stand
  161. ^ Wyoming High Court Grants Divorce to Same-Sex Couple
  162. ^ Lawsuit seeks gay marriage rights in New Jersey
  163. ^ Lesbian Couple Sues Hawaii for Right to Marry
  164. ^ http://www.huffingtonpost.com/2012/04/10/lambda-legal-nevada-gay-marriage-lawsuit-_n_1414843.html
  165. ^ http://www.huffingtonpost.com/2012/05/30/illinois-gay-marriage-acl_n_1555453.html?ref=mostpopular
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