Same-sex marriage legislation in the United States
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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 16th 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
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 [5] | Domestic partnership (limited) | Passed | Signed | Yes | |||
California | September 1994 | Domestic partnership (limited)[2][3] | 21 | 17 | 41 | 26 | Vetoed | No |
Hawaii | March 1996 | Domestic partnership (limited)[4] | 14 | 11 | Failed | - | No | |
Hawaii | June 1997 | Reciprocal beneficiary relationship | 24 | 7 | 43 | 27 | Signed | Yes |
California | September 1998 | Domestic partnership (limited)[5] | 21 | 17 | 41 | 36 | Vetoed | No |
California | October 1999 | Domestic partnership (limited)[6] | 22 | 14 | 41 | 36 | Signed | Yes |
Vermont | April 2000 | Civil union | 19 | 11 | 79 | 68 | Signed | Yes |
California | October 2001 | Domestic partnership (expansion)[7] | 23 | 11 | 41 | 32 | Signed | Yes |
California | September 2002 | Domestic partnership (expansion)[8][9] | 23 | 13 | 43 | 27 | Signed | Yes |
California | September 2003 | Domestic partnership (expansion)[10] | 23 | 14 | 41 | 33 | Signed | Yes |
New Jersey | January 2004 | Domestic partnership (limited) | 23 | 9 | 41 | 28 | Signed | Yes |
Maine | April 2004 | Domestic partnership (limited) | 19 | 14 | 84 | 58 | Signed | Yes |
California | September 2004 | Domestic partnership (expansion)[11] | 23 | 12 | 46 | 29 | Signed | Yes |
Utah | February 2005 | Reciprocal beneficiary relationship | 10 | 18 | - | - | - | No |
Connecticut | April 2005 | Civil union | 27 | 9 | 85 | 63 | Signed | Yes |
Maryland | May 2005 | Domestic partnership (limited) | 31 | 16 | 83 | 50 | Vetoed | No |
California | June 2005 | Same-sex marriage | - | - | 37 | 36 | - | No |
Oregon | July 2005 | Civil union | 19 | 10 | - | - | - | No |
California | September 2005 | Same-sex marriage | 21 | 15 | 41 | 35 | Vetoed | No |
California | September 2005 | Domestic partnership (expansion)[12] | 23 | 15 | 47 | 28 | Signed | Yes |
California | September 2005 | Domestic partnership (expansion)[13] | 21 | 14 | 47 | 32 | Signed | Yes |
District of Columbia | April 2006 | Domestic partnership (expansion) | Passed | Signed | Yes | |||
California | September 2006 | Domestic partnership (expansion)[14] | 24 | 15 | 46 | 29 | Signed | Yes |
California | September 2006 | Domestic partnership (expansion)[15] | 23 | 15 | 47 | 31 | Signed | Yes |
Colorado | November 2006 | Domestic partnership | Voter Referendum (47% to 53%) | No | ||||
New Jersey | December 2006 | Civil union[16] | 23 | 12 | 56 | 19 | Signed | Yes |
Washington | April 2007 | Domestic partnership (limited)[17] | 28 | 19 | 63 | 35 | Signed | Yes |
Oregon | May 2007 | Domestic partnership[18] | 21 | 9 | 34 | 26 | Signed | Yes |
New Hampshire | May 2007 | Civil union | 14 | 10 | 243 | 129 | Signed | Yes |
New York | June 2007 | Same-sex marriage[19] | - | - | 85 | 61 | - | No |
California | September 2007 | Same-sex marriage | 22 | 15 | 42 | 34 | Vetoed | No |
California | October 2007 | Domestic partnership (expansion)[20] | Passed | Passed | Signed | Yes | ||
New Mexico | January 2008 | Domestic partnership[21] | - | - | 33 | 31 | - | No |
Washington | March 2008 | Domestic partnership (expansion)[22] | 29 | 20 | 62 | 32 | Signed | Yes |
Maryland | May 2008 | Domestic partnership (limited) | 39 | 19 | 44 | 39 | Signed | Yes |
District of Columbia | May 2008 | Domestic partnership (expansion)[23] | Passed | Signed | Yes | |||
New Mexico | February 2009 | Domestic partnership[24] | 17 | 25 | - | - | - | No |
Vermont | April 2009 | Same-sex marriage[25] | 23 | 5 | 100 | 49 | Vetoed 1 | Yes |
Colorado | April 2009 | Designated beneficiary agreement | 23 | 10 | 41 | 24 | Signed | Yes |
Connecticut | April 2009 | Same-sex marriage[26] | 28 | 7 | 100 | 44 | Signed | Yes |
Maine | May 2009 | Same-sex marriage[27] | 21 | 14 | 89 | 58 | Signed | No 2 |
District of Columbia | May 2009 | Same-sex marriage (recognition only)[28] | Passed | Signed | Yes | |||
Washington | May 2009 | Domestic partnership (expansion)[29] | 30 | 18 | 62 | 35 | Signed | Yes |
Nevada | May 2009 | Domestic partnership[30] | 14 | 7 | 28 | 14 | Vetoed 1 | Yes |
New Hampshire | June 2009 | Same-sex marriage[31] | 14 | 10 | 198 | 176 | Signed | Yes |
Wisconsin | June 2009 | Domestic partnership (limited)[32] | 17 | 16 | 50 | 48 | Signed | Yes |
California | October 2009 | Out-of-state pre-proposition 8 marriage recognition[33] | 24 | 14 | 44 | 27 | Signed | Yes |
New York | December 2009 | Same-sex marriage[34] | 24 | 38 | 89 | 52 | - | No |
District of Columbia | December 2009 | Same-sex marriage[35] | n/a | 11 | 2 | Signed | Yes | |
Rhode Island | January 2010 | Domestic partnership (only 1 entitlement)[36] | 31 | 3 | 67 | 3 | Vetoed 1 | Yes |
New Jersey | January 2010 | Same-sex marriage[37] | 14 | 20 | - | - | - | No |
Minnesota | May 2010 | Domestic partnership (only 1 entitlement)[38] | 41 | 24 | 78 | 55 | Vetoed | No |
Hawaii | July 2010 | Civil union[39] | 18 | 7 | 31 | 20 | Vetoed | No |
New York | July 2010 | Domestic partnership (only 1 entitlement)[40] | 50 | 11 | 127 | 26 | Signed | Yes |
California | September 2010 | Domestic partnership (expansion)[41] | 23 | 12 | 53 | 24 | Signed | Yes |
Illinois | January 2011 | Civil union[42][43][44] | 32 | 24 | 61 | 52 | Signed | Yes |
Hawaii | February 2011 | Civil union[45] | 18 | 5 | 31 | 19 | Signed | Yes |
Colorado | March 2011 | Civil union[46][47] | 23 | 12 | - | - | - | No |
Washington | April 2011 | Recognition of out-of-state same-sex union as domestic partnership[48] | 28 | 19 | 58 | 39 | Signed | Yes |
Delaware | May 2011 | Civil union[49] | 13 | 6 | 26 | 15 | Signed | Yes |
New York | June 2011 | Same-sex marriage[50][51] | 33 | 29 | 80 | 63 | Signed | Yes |
Rhode Island | July 2011 | Civil union[52] | 21 | 16 | 62 | 11 | Signed | Yes |
California | August 2011 | Domestic partnership (expansion)[53][54] | 24 | 15 | Pending | ... | ||
New Jersey | 2011 | Same-sex marriage[55] | ... | ... | Pending | ... | ||
Maryland | 2012 | Same-sex marriage[56][57] | 25 | 21 | ... | ... | ... | |
Colorado | 2012 | Civil union[58] | Proposed | ... | ... | ... | ||
Washington | 2012 | Same-sex marriage[59] | ... | ... | Proposed | ... |
Notes:
- 1Veto overridden.
- 2People's Veto.
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 | |||||
Florida | June 1977 | Same-sex marriage [60][61][62] | 37 | 0 | 101 | 11 | Signed | Yes |
California | August 1977 | Same-sex marriage [63] | Passed | Passed | Signed | Yes | ||
Hawaii | June 1994 | Same-sex marriage [64] | Passed | Passed | Signed | Yes | ||
Utah | March 1995 | Recognition of out-of-state same-sex marriages [65] | Passed | Passed | Signed | Yes | ||
Idaho | March 1996 | Recognition of out-of-state same-sex marriages [66] | 28 | 4 | 59 | 6 | Signed | Yes |
Colorado | March 1996 | Same-sex marriage [67] | Passed | Passed | Vetoed | No | ||
Kansas | April 1996 | Same-sex marriage [68] | 39 | 1 | Passed | Signed | Yes | |
Alaska | May 1996 | Same-sex marriage [69] | Passed | Passed | Not Signed | Yes | ||
Illinois | May 1996 | Same-sex marriage [70][71] | 42 | 9 | 87 | 13 | Signed | Yes |
South Carolina | May 1996 | Same-sex marriage [72][73] | Passed | 82 | 0 | Signed | Yes | |
Michigan | June 1996 | Same-sex marriage [74][75] | 31 | 2 | 88 | 14 | Signed | Yes |
Michigan | June 1996 | Recognition of out-of-state same-sex marriages [76][77] | Passed | 74 | 28 | Signed | Yes | |
Delaware | June 1996 | Recognition of out-of-state same-sex marriages [78] | Passed | Passed | Signed | Yes | ||
Missouri | July 1996 | Same-sex marriage [79] | 29 | 2 | 131 | 10 | Signed | Yes |
California | August 1996 | Recognition of out-of-state same-sex marriages [80] | 20 | 21 | Passed | - | No | |
Pennsylvania | October 1996 | Same-sex marriage [81] | Passed | 189 | 13 | Signed | Yes | |
Mississippi | February 1997 | Same-sex marriage and recognition of out-of-state same-sex marriages [82] | Passed | Passed | Signed | Yes | ||
Washington | February 1997 | Same-sex marriage [83] | 33 | 15 | 63 | 35 | Vetoed | No |
Maine | March 1997 | Same-sex marriage [84] | 24 | 10 | 106 | 39 | Not Signed | Yes |
Florida | May 1997 | Recognition of out-of-state same-sex marriages [85] | 33 | 5 | 97 | 19 | Not Signed | Yes |
Colorado | June 1997 | Same-sex marriage [86] | Passed | Passed | Vetoed | No | ||
Washington | February 1998 | Same-sex marriage [87] | Passed | Passed | Vetoed 1 | Yes | ||
West Virginia | March 2000 | Same-sex marriage and recognition of out-of-state same-sex marriages [88] | Passed | 96 | 3 | Signed | Yes | |
Colorado | May 2000 | Same-sex marriage [89] | Passed | 37 | 28 | Signed | Yes | |
Wyoming | February 2007 | Recognition of out-of-state same-sex marriage[90] | Passed | - | - | - | No | |
Wyoming | March 2011 | Recognition of out-of-state same-sex marriage[91] | 14 | 16 | 31 | 28 | - | 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 47% in favor to 53% opposed on election day. | 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 |
California | November 2012 | Marriage | Gay rights groups currently aim to repeal Proposition 8 by ballot initiative in 2012.[92] | Proposed |
Oregon | November 2012 | Marriage | Supporters of same-sex marriage are considering placing a reversal of Measure 36 on the 2012 ballot. | Proposed |
Maine | November 2012 | Marriage | Advocates In Maine Working To Change Public Opinion on Same-Sex Marriage. They would need 57,000 signatures by the end of next January to get it on the ballot.[93] | Proposed |
Efforts to ban same-sex unions 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 vote | No vote | Final outcome |
---|---|---|---|---|---|---|
1998: | ||||||
Alaska | Ballot Measure 2 | Marriage | November 1998 | 68% (152,965) | 32% (71,631) | Yes |
Hawaii | Constitutional Amendment 2 | Marriage ban permitted |
November 1998 | 69% (285,384) | 31% (117,827) | Yes 1 |
2000: | ||||||
Nebraska | Initiative Measure 416 | Marriage and civil union and domestic partnership |
November 2000 | 70% (450,073) | 30% (189,555) | Yes 2 |
2002: | ||||||
Nevada | Question 2 | Marriage | November 2002 | 67% (337,183) | 33% (164,555) | Yes |
2004: | ||||||
Arkansas | Constitutional Amendment 3 | Marriage and civil union |
November 2004 | 75% (753,770) | 25% (251,914) | Yes |
Georgia | Constitutional Amendment 1 | Marriage and civil union |
November 2004 | 76% (2,454,912) | 24% (768,703) | Yes 3 |
Kentucky | Constitutional Amendment 1 | Marriage and civil union |
November 2004 | 75% (1,222,125) | 25% (417,097) | Yes |
Louisiana | Constitutional Amendment 1 | Marriage and civil union |
September 2004 | 78% (618,928) | 22% (177,103) | Yes 4 |
Michigan | State Proposal - 04-2 | Marriage and civil union and domestic partnership |
November 2004 | 59% (2,698,077) | 41% (1,904,319) | Yes |
Mississippi | Amendment 1 | Marriage | November 2004 | 86% (957,104) | 14% (155,648) | Yes |
Missouri | Constitutional Amendment 2 | Marriage | August 2004 | 71% (1,055,771) | 29% (439,529) | Yes |
Montana | Initiative 96 | Marriage | November 2004 | 67% (295,070) | 33% (148,263) | Yes |
North Dakota | Constitutional Measure 1 | Marriage and civil union |
November 2004 | 73% (223,572) | 27% (81,716) | Yes |
Ohio | State Issue 1 | Marriage and civil union |
November 2004 | 62% (3,329,335) | 38% (2,065,462) | Yes |
Oklahoma | State Question 711 | Marriage and civil union |
November 2004 | 76% (1,075,216) | 24% (347,303) | Yes |
Oregon | Measure 36 | Marriage | November 2004 | 57% (1,028,546) | 43% (787,556) | Yes |
Utah | Constitutional Amendment 3 | Marriage and civil union |
November 2004 | 66% (593,297) | 34% (307,488) | Yes |
2005: | ||||||
Kansas | Proposed amendment 1 | Marriage and civil union |
April 2005 | 70% (414,106) | 30% (178,018) | Yes |
Texas | Proposition 2 | Marriage and civil union |
November 2005 | 76% (1,718,513) | 24% (536,052) | Yes |
2006: | ||||||
Alabama | Sanctity of Marriage Amendment | Marriage and civil union |
June 2006 | 81% (734,746) | 19% (170,399) | Yes |
Arizona | Proposition 107 | Marriage and civil union |
November 2006 | 48% (721,489) | 52% (775,498) | No |
Colorado | Amendment 43 | Marriage | November 2006 | 56% (768,700) | 44% (612,155) | Yes |
Idaho | Amendment 2 | Marriage and civil union |
November 2006 | 63% (281,823) | 37% (163,191) | Yes |
South Carolina | Amendment 1 | Marriage and civil union |
November 2006 | 78% (818,894) | 22% (230,674) | Yes |
South Dakota | Amendment C | Marriage and civil union and domestic partnership |
November 2006 | 52% (172,237) | 48% (160,756) | Yes |
Tennessee | Amendment 1 | Marriage | November 2006 | 81% (1,417,315) | 19% (326,335) | Yes |
Virginia | Marshall-Newman Amendment | Marriage and civil union and domestic partnership |
November 2006 | 57% (1,325,668) | 43% (1,003,967) | Yes |
Wisconsin | Referendum 1 | Marriage and civil union |
November 2006 | 59% (1,260,554) | 41% (861,554) | Yes |
2008: | ||||||
Arizona | Proposition 102 | Marriage | November 2008 | 56% (1,258,355) | 44% (980,753) | Yes |
California | Proposition 8 | Marriage | November 2008 | 52% (7,001,084) | 48% (6,401,482) | Yes5 |
Florida | Amendment 2 | Marriage and civil union |
November 2008 | 62% (4,890,883) | 38% (3,008,026) | Yes |
2012: | ||||||
Minnesota | SF 1308 | Marriage | November 2012 | TBD | TBD | ... |
Notes:
- 1 Does not explicitly define marriage, but allows the legislature to define marriage.
- 2 Ban declared unconstitutional by Judge Joseph Bataillon, Chief Judge of the U.S. District Court for the District of Nebraska.[94] The ruling was appealed to the Eighth U.S. Circuit Court of Appeals based in St. Louis.[95] That Court issued a ruling that re-instated the ban, declaring in part that it was a legitimate state interest.[96][dead link]
- 3 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.[97]
- 4 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.[98][99][dead link]
- 5 Ban declared unconstitutional pending appeal on August 4, 2010 by Judge Vaughn R. Walker, former Chief Justice of the United States District Court for the Northern District of California.[100]
Recent, pending, or proposed attempts to constitutionally block same-sex unions
State | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 | Details | |
---|---|---|---|---|---|---|---|---|---|---|
Delaware | 2009 | The proposed constitutional amendment to ban gay marriage failed. It was known as Senate Bill 27.[101] | 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.[102] The amendment died in state House.[103] 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.[104] | ... |
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.[105] | 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.[106][107] 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.[108] 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 vote | ||
New Hampshire | 2009 | 2010 | On 17 February 2010, a proposed constitutional amendment failed by a 201-135 margin.[109][110] Republicans took control of the legislature in 2010 and some of them will likely bring the issue up again in 2012.[111] Constitutional amendments in New Hampshire require 2/3 approval from voters, a tall order on any issue. | 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 | ||||
New Mexico | 2007 | 2008 | 2009 | 2010 | 2011 | The New Mexico legislature recently introduced four bills that would restrict in-state gay marriage in 2011.[112] All bills were killed by the house committee on February 18, 2011.[113]
Legislation introduced to restrict gay marriage in New Mexico |
Failed | |||
North Carolina | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | 2010 | 2011 | A bill that was proposed on February 24, 2009. The bill died.[114][115]
North Carolina is the only state in the Southeast that hasn’t approved an amendment restricting marriage to one man and one woman. A bill was expected to be introduced again in 2011, since Republicans have taken control of both chambers of the legislature for the first time in over a century.[116] The amendment was filed on February 23, 2011. If passed by the Senate and House it will be on the ballot for November 6, 2012 and take become a law in the state on 1/1/2013. As long as it has been approved by a 60% vote of each house of the North Carolina State Legislature. A bill similar to the Senate bill was Introduced in the House on April 6, 2011. [117][118] |
... |
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.[119][120] | ... | |||
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.[121][122] Another proposition was introduced in January 2011.[123] Bills were introduced in the Senate and the House, they both have failed to advance. | Failed | |||||
Wyoming | 2007 | 2009 | 2011 | On February 22, 2007, a bill to prohibit Wyoming from recognizing same-sex marriages from other states was defeated by one vote in a committee of the Wyoming House of Representatives. 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.[124] However, it died in the House.[125] The Wyoming house does not have the time or the votes in order to pass the bill. | 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 vote | 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.[126]1 | Yes but ruled unconstitutional.2 |
Maine | November 2009 | 53% (300,848) | 47% (267,828) | Question 1. "People's Veto" of same-sex marriage law passed by the Maine State Legislature and signed into law by Governor John Baldacci. | Yes |
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
This article may be confusing or unclear to readers. (October 2009) |
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 |
---|---|---|---|---|---|---|
Minnesota | October 1971 | 0 | 7 | Court ruled that Minnesota's marriage statute applied only to opposite-sex couples. | No | No |
Kentucky | November 1973 | 0 | 7 | Court ruled that Kentucky's marriage statute applied only to opposite-sex couples. | 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 | |
Hawaii | May 1993 | 3 | 2 | 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 | No |
District of Columbia | January 1995 | 0 | 9 | Court ruled that District's marriage statute applied only to opposite-sex couples.[127][128] | No | No |
Hawaii | December 1999 | 0 | 5 | Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment. | No | No |
Vermont | December 1999 | 5 | 0 | Same-sex marriage or something similar must be implemented in 100 days. | Yes | Civil unions |
Massachusetts | November 2003 | 4 | 3 | Court said that same-sex marriages must be legal in 180 days. | Yes | Marriage |
Arizona | May 2004 | Failed | Court refused to hear an appeal of Arizona Appellate Court ruling upholding statutory marriage ban.[129] | No | No | |
Lousiana | January 2005 | 0 | 7 | Constitutional amendment upheld. | 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.[130] | No | No |
Georgia | July 2006 | 0 | 7 | Constitutional amendment upheld. | No | No |
New York | July 2006 | 2 | 4 | Court said that the ban on same-sex marriages is upheld. | No | No |
Washington | July 2006 | 4 | 5 | Court said that the ban on same-sex marriages is upheld. | No | No |
New Jersey | October 2006 | 7 | 0 | Same-sex marriage or something similar must be implemented in 100 days. | Yes | Civil union |
Maryland | September 2007 | 3 | 4 | Court said that the ban on same-sex marriages is upheld. | No | No |
California | May 2008 | 4 | 3 | In 30 days same-sex marriages must be legal. | Yes | Marriage repealed |
Connecticut | October 2008 | 4 | 3 | In 30 days same-sex marriages must be legal. | Yes | Marriage |
Iowa | April 2009 | 7 | 0 | In 27 days same-sex marriages must be legal. | Yes | Marriage |
California | May 2009 | 1 | 6 | Constitutional amendment upheld - however the 18,000 same-sex marriages are also upheld. | 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. | Recognition upheld | Continuing the recognition of same sex marriages abroad. |
Wisconsin | June 2010 | 0 | 7 | Constitutional amendment upheld by the State's Supreme Court.[131] | 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.[132] | No | No | |
Minnesota | March 2011 | Failed | Court said that the ban on same-sex marriages is upheld.[133] | 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. We find nothing in Wyoming statutes or policy that closes the doors of the district courts to them.[134] | Yes | Couple can divorce in Wyoming | |
New Jersey | 2011 | ... | Seven gay 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. | ... | ... |
See also
- Same-sex marriage in the United States
- Same-sex marriage status in the United States by state
- Same-sex marriage law in the United States by state
- Same-sex marriage legislation around the world
- Perry v. Schwarzenegger
References
- ^ Democrats Aim For DOMA Repeal
- ^ Ingram, Carl (August 24, 1994). "Senate OKs Bill on Rights for Unwed Couples". PQSAB. Retrieved 2009-09-09.
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(help) - ^ "Wilson: no to domestic partnership bill". Newsbank. (September 12, 1994). Retrieved 2009-09-09.
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(help); Italic or bold markup not allowed in:|publisher=
(help) - ^ "Gay marriages get thumps up in state senate". Google News. (March 6, 1996). Retrieved 2009-09-09.
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(help) - ^ AB 1059
- ^ AB 26
- ^ AB 25
- ^ AB 2216
- ^ A.B. No. 2216
- ^ AB 205
- ^ AB 2208
- ^ SB 565
- ^ SB 973
- ^ SB 1827
- ^ AB 2051
- ^ Cloyd, Wendy ((December 15, 2006)). "New Jersey Legislature Adopts Civil Unions". Citizen Link. Retrieved 2009-11-04.
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(help) - ^ "Washington State Passes Domestic Partnership Bill". US Politics. (April 12, 2007). Retrieved 2009-11-04.
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(help) - ^ 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.
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(help) - ^ "New York governor to propose legalizing same-sex marriage". CNN. (April 14, 2009). Retrieved 2009-11-04.
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(help) - ^ AB 102
- ^ 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.
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(help) - ^ Luna, Brad ((March 13, 2008)). "WA domestic partnership expansion bill signed into law". Free Press. Retrieved 2009-11-04.
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(help) - ^ Jantzen, M. V. ((May 16, 2008)). "D.C. Council Passes Domestic Partner Law Expansion". DCist. Retrieved 2009-11-04.
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(help) - ^ Terrell, Steven ((February 26, 2009)). "Domestic partnership bill fails in Senate". Santa Fe New Mexican. Retrieved 2009-11-04.
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(help) - ^ Abel, David ((April 8, 2009)). "Vermont legalizes same-sex marriage". The Boston Globe. Retrieved 2009-11-04.
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(help) - ^ Matthews, Chase ((April 23, 2009)). "Connecticut Gov. signs gay marriage into law". Chicago Pride. Retrieved 2009-11-04.
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(help) - ^ Goodnough, Abby ((May 5, 2009)). "Gay Marriage Advances in Maine". New York Times. Retrieved 2009-11-04.
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(help) - ^ Craig, Tim ((May 5, 2009)). "Uproar in D.C. as Same-Sex Marriage Gains". Washington Post. Retrieved 2009-11-04.
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(help) - ^ "Washington Expands Domestic Partnerships, Offers Almost-Marriage". Family Fairness. (April 16, 2009). Retrieved 2009-11-04.
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(help) - ^ "Nevada legalizing domestic partnerships". CNN. (May 31, 2009). Retrieved 2009-11-04.
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(help) - ^ Love, Norma ((June 3, 2009)). "Gay Marriage: New Hampshire Makes Same-Sex Marriage Legal". Huffington Post. Retrieved 2009-11-04.
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(help) - ^ Burroway, Jim ((June 17, 2009)). "Wisconsin Senate Approves Domestic Partnerships". Box Turtle Bulletin. Retrieved 2009-11-04.
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(help) - ^ Schwarzenegger signs Milk Day, marriage recognition into law
- ^ Honan, Edith (December 2, 2009). "NY Senate votes down gay marriage bill 38-24". Reuters.
- ^ "Washington, D.C. Mayor Signs Law Legalizing Same-Sex Marriage". RTTNews. December 18, 2009.
- ^ RI Lawmakers Back Funeral Rights For Gays
- ^ "Gay marriage bill up for vote in NJ next week". Google. Associated Press. December 3, 2009.
- ^ Citing Marriage, Tim Pawlenty Rejects Gay Rights Bill
- ^ Hawaii Senate passes civil-unions bill with veto-proof majority, 18-7
- ^ New York Law Requires Employers to Grant Funeral Leave Benefits to Same-Sex Partners Similar to Those Accorded to Other Employees
- ^ AB 2055
- ^ Illinois House passes civil unions legislation in historic vote
- ^ Illinois Senate OK's Civil Unions For Gay & Lesbian Couples
- ^ Illinois Governor Signs Historic Law, Extends a Measure of Fairness to All Couples
- ^ Hawaii State Legislature 2011 Regular Session SB232 SD1
- ^ Colorado Senate Passes Civil Unions Bill
- ^ House panel kills Colorado civil unions bill on 6-5 party-line vote
- ^ Concerning reciprocity and statutory construction with regard to domestic partnerships
- ^ Senate Bill # 30
- ^ Cuomo plans to fight for same sex marriage
- ^ http://www.timesunion.com/news/article/NY-Gov-Cuomo-signs-gay-marriage-law-1439604.php
- ^ BREAKING NEWS: House Passes Controversial Civil Unions Bill
- ^ [1]
- ^ [2]
- ^ http://www.northjersey.com/news/123979639_Lawmaker_introduces_bill_for_gay_marriage.html
- ^ Senate approves gay marriage; House passage not assured
- ^ Maryland gay marriage bill dies with no final vote
- ^ Colorado Dems Hope to Follow New York's Gay Marriage Success
- ^ http://blogs.seattleweekly.com/dailyweekly/2011/06/washington_state_legislators_w.php
- ^ http://news.google.com/newspapers?id=bg9UAAAAIBAJ&sjid=rowDAAAAIBAJ&pg=5440,6335076&dq=florida+marriage+ban&hl=en
- ^ http://news.google.com/newspapers?id=K7EqAAAAIBAJ&sjid=UWcEAAAAIBAJ&pg=7062,242093&dq=florida+homosexual+marriage&hl=en
- ^ http://news.google.com/newspapers?id=n8lRAAAAIBAJ&sjid=Om0DAAAAIBAJ&pg=5008,3504605&dq=homosexual-marriage+ban&hl=en
- ^ http://news.google.com/newspapers?id=xHMjAAAAIBAJ&sjid=a2cEAAAAIBAJ&pg=6572,1175314&dq=homosexual-marriage+ban&hl=en
- ^ http://nl.newsbank.com/nl-search/we/Archives?p_product=DM&p_theme=dm&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0ED3D4B9E56B3C83&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM.
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(help) - ^ Harrie, Dan (March 17, 1995). Salt Lake Tribune, The http://nl.newsbank.com/nl-search/we/Archives?p_product=SLTB&p_theme=sltb&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=1010DA9E1F6A7AA5&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM.
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(help) - ^ http://news.google.com/newspapers?id=GsBeAAAAIBAJ&sjid=WDEMAAAAIBAJ&pg=4769,873894&dq=phil-batt+marriage&hl=en
- ^ http://news.google.com/newspapers?id=bSlZAAAAIBAJ&sjid=HUcNAAAAIBAJ&pg=4439,3184537&dq=roy-romer+veto+marriage&hl=en
- ^ http://news.google.com/newspapers?id=M-lEAAAAIBAJ&sjid=H7cMAAAAIBAJ&pg=4907,788585&dq=kansas-senate+marriage+ban&hl=en
- ^ http://news.google.com/newspapers?id=nXBTAAAAIBAJ&sjid=JoYDAAAAIBAJ&pg=6223,449603&dq=tony-knowles+marriage+ban&hl=en
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(help) - ^ http://news.google.com/newspapers?id=3J1SAAAAIBAJ&sjid=zzYNAAAAIBAJ&pg=5538,2253784&dq=south-carolina+marriage+ban&hl=en
- ^ http://news.google.com/newspapers?id=iQYqAAAAIBAJ&sjid=ac8EAAAAIBAJ&pg=4839,416572&dq=same-sex-marriage+ban+passes&hl=en
- ^ http://news.google.com/newspapers?id=OllPAAAAIBAJ&sjid=_AMEAAAAIBAJ&pg=6567,1359787&dq=michigan+governor+marriage+ban&hl=en
- ^ http://news.google.com/newspapers?id=_E8xAAAAIBAJ&sjid=awMEAAAAIBAJ&pg=3350,8682764&dq=michigan+governor+marriage+ban&hl=en
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- ^ http://news.google.com/newspapers?id=TzodAAAAIBAJ&sjid=_KUEAAAAIBAJ&pg=4777,4785768&dq=delaware+marriage+ban&hl=en
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(help) - ^ http://nl.newsbank.com/nl-search/we/Archives?p_product=YK&p_theme=yk&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0EB29395BB1A7C74&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM.
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(help) - ^ http://news.google.com/newspapers?id=KP1MAAAAIBAJ&sjid=nDMDAAAAIBAJ&pg=6838,3508862&dq=mississippi+marriage+ban&hl=en
- ^ http://news.google.com/newspapers?id=ks0zAAAAIBAJ&sjid=hfEDAAAAIBAJ&pg=6171,4025554&dq=mississippi+marriage+ban&hl=en
- ^ "Gay-marriage ban called irrelevant". Boston Globe. April 1, 1997.
- ^ http://news.google.com/newspapers?id=aFBUAAAAIBAJ&sjid=SI4DAAAAIBAJ&pg=6429,3640571&dq=lawton-chiles+marriage+ban&hl=en
- ^ http://news.google.com/newspapers?id=epBSAAAAIBAJ&sjid=1cQMAAAAIBAJ&pg=5382,1485744&dq=roy-romer+marriage+ban&hl=en
- ^ "Washington Bans Gay Marriage". Chicago Tribune. February 8, 1998.
- ^ http://news.google.com/newspapers?id=XsxFAAAAIBAJ&sjid=CNEMAAAAIBAJ&pg=2553,2076840&dq=cecil-underwood+marriage+ban&hl=en
- ^ http://nl.newsbank.com/nl-search/we/Archives?p_product=NewsLibrary&p_multi=CSGB&d_place=CSGB&p_theme=newslibrary2&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=0F34B809458D8272&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM.
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(help) - ^ Panel kills gay marriage bill
- ^ Anti-gay marriage bill defeated in Senate
- ^ Gay marriage fails to get on California ballot
- ^ [3]
- ^ Curry, Tom (2005-05-12). "Judge strikes down Nebraska gay marriage ban". MSNBC. Retrieved 2009-10-04.
- ^ Baur, Scott (2005-06-10). "Appeal filed to restore Nebraska's prohibition of same-sex marriage". Lawrence Journal-World. Retrieved 2009-10-04.
- ^ Washington Post
- ^ "Marriage unanimously affirmed in Louisiana". Alliance Defense Fund. 2005-01-19. Retrieved 2009-10-04.
- ^ "Georgia governor vows special session if gay marriage appeal slows". WIS News 10. 2006-05-17. Retrieved 2009-10-04.
- ^ http://www.cnn.com/2006/LAW/07/06/MF.gay.marriage.ap/.
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(help) [dead link] - ^ "Judge strikes down Prop. 8, allows gay marriage in California". L.A. Times. 2010-08-04. Retrieved 4 August 2010.
- ^ Delaware Senate Defeats Gay Marriage Ban
- ^ Amendment prohibiting gay marriage clears Senate
- ^ Marriage Discrimination Amendment Dies in State Legislature
- ^ Indiana House Passes Gay Marriage Ban
- ^ Iowa’s governor-elect wants vote to ban gay marriage, criticizes Senate leader
- ^ Minnesota Gay Marriage Ban Amendment Clears First Hurdle
- ^ Minnesota Gay Marriage Ban Amendment Clears House Panel
- ^ "Minn. Senate OKs Vote on Gay-Marriage Ban". The Wall Street Journal. May 11, 2011.
- ^ NH House rejects two anti-gay marriage measures
- ^ N.H. House Rejects Gay Marriage Ban
- ^ NH gay marriage opponents confident of repeal
- ^ Legislation introduced to restrict gay marriage in New Mexico
- ^ Marriage Definition Bill Tabled Thursday
- ^ SENATE BILL 272
- ^ North Carolina Lawmaker Proposes Same-Sex Marriage Ban
- ^ NC GOP hopes to pass anti-marriage amendment
- ^ House Bill 777
- ^ Senate Bill 106
- ^ House Bill Marriage Amendment
- ^ Metcalf wants 'man-woman' as Pennsylvania constitutional marriage definition
- ^ Lawmakers Study Amendment Banning Gay Marriage
- ^ W.Va. Gay Marriage Ban Fails in House
- ^ West Virginia Senators David Nohe, Donna Boley Back Gay Marriage Ban
- ^ (Wyo.)-House Now Gets Chance At Gay Marriage Bill
- ^ Same-sex marriage constitutional amendment dies in Wyoming House after missing deadline
- ^ Full Results
- ^ Dean v. District of Columbia
- ^ Dean v. District of Columbia
- ^ Legal Marriage Court Cases
- ^ Mary Li and Rebecca Kennedy et al. v. State of Oregon et al.
- ^ Wisconsin Supreme Court Upholds Gay Marriage Ban
- ^ Dwyer Arce (September 1, 2010). "Texas appeals court upholds same-sex marriage ban". JURIST - Paper Chase.
- ^ Judge lets Minnesota gay marriage ban stand
- ^ [4]