Same-sex marriage law in the United States by state

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This article summarizes the laws of U.S. states and other jurisdictions regarding same-sex marriage.

State laws regarding same-sex partnerships in the United States*
  Same-sex marriage allowed1
  Domestic partnerships or civil unions granting privileges similar to marriage for same-sex domestic partners2
  Limited/enumerated privileges granted by state
  Same-sex marriage performed elsewhere recognized
  No prohibition or recognition of same-sex marriage or unions in territory law
  Judicial ruling against a same-sex marriage ban stayed pending appeal3
  Statute bans same-sex marriage
  Constitution and statute ban same-sex marriage
  Constitution and statute ban same-sex marriage and some or all other same-sex unions

*The federal government recognizes all legally performed same-sex marriages, regardless of the state of residence.
1 The bill legalizing same-sex marriage in Illinois goes into effect on June 1, 2014, but same-sex marriages have already begun in Cook County and select other counties following a court ruling. Eight Native American tribal jurisdictions also allow same-sex marriage.
2 Not recognized by federal government. Some states that allow same-sex marriage also allow other same-sex unions.
3 Same-sex marriages were briefly performed in Utah and Michigan prior to their respective judicial rulings being stayed. The stayed rulings in Kentucky and Ohio would overturn the states' bans on recognizing out-of-state same-sex marriages.
Legal recognition of
same-sex relationships
Marriage
Recognized
  1. Can be registered also in Aruba, Curaçao and Sint Maarten
  2. When performed in Mexican states that have legalized same-sex marriage

Commencement dates:
  1. To be determined
  2. June 1, 2014 for statewide
  3. To be determined
LGBT portal

States[edit]

Alabama[edit]

Texts :
ALABAMA CONSTITUTION - Amendment 774. Sanctity of Marriage Amendment (=Ref.1, cited as the approves of Marriage Amendment)
& ALABAMA CODE - Title 30. Marital and domestic relations - Chapter 1. Marriage.
§ 30-1-19. Marriage, recognition thereof, between persons of the same sex prohibited.(=Ref.2, cited as the "Alabama Marriage Protection Act")

  • Ref.1 (b) & Ref.2 (b)

Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.

  • Ref.1 (c) & Ref.2 (c)

Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.

  • Ref.1 (d) & Ref.2 (d)

No marriage license shall be issued in the State of Alabama to parties of the same sex.

  • Ref.1 (e) & Ref.2 (e)

The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.

  • Ref.1 (f)

The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.

  • Ref.1 (g)

A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Alaska[edit]

February 27, 1998: Alaska Superior Court judge Peter Michalski ruled in favor of plaintiffs Jay Brause and Gene Dugan, saying that choosing a marital partner is a fundamental right that cannot be denied by the state without a compelling reason.

November 3, 1998: The state's voters amended the constitution to require that all marriages be between a man and a woman.

Texts :

To be valid or recognized in this State, a marriage may exist only between one man and one woman.

  • ALASKA STATUTES - Section 25. Marital and domestic relations - Chapter 25.05. Alaska marriage code

Section 25.05.013. Same-sex marriage :
(a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.
(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Arizona[edit]

1975: Two men from Phoenix, Arizona, were granted a marriage license by a county clerk on January 7. The Arizona Supreme Court, citing the Bible, voided and revoked the marriage license. The state legislature passed a bill specifically defining marriage as being between a man and a woman.[1]

September 2006: The Arizona Supreme Court ruled that a proposition that would amend the state constitution, to define marriage as between a man and a woman, would be allowed on the ballot.[2]

November 2006: Well past midnight on election night, the marriage amendment was flipping between a narrow margin for or against. The final outcome of 51% (including absentee ballots) opposing the amendment made Arizona the first state where voters defeated a constitutional amendment defining marriage as between one man and one woman.[3][4][5] Conservative groups have said that, considering the relatively small margin by which it failed, the result was more likely due to confusing ballot language than an indication of changing public opinion.[6] An already-existing statutory ban on same-sex marriage was unaffected and remained current state law.[7]

In the 2008 general election, a proposed amendment was approved, amending Arizona's Constitution to explicitly deny recognition of same-sex marriage.

Texts :

1. Marriage
Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

§ 25-101 Void and prohibited marriages
... C. A marriage between persons of the same sex is void and prohibited.
§ 25-112. Marriages contracted in another state; validity and effect
A. Marriage valid by laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.
B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101.
C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Arkansas[edit]

Texts :

Section 1. Marriage. Marriage consists only of the union of one man and one woman.
Section 2. Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.
Section 3. Capacity, rights, obligations, privileges, and immunities. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.

  • Arkansas Code Annotated - Title 9. Family law - subtitle 2. Domestic relations - chapter 11. Marriage (law passed 1997)
    • Subchapter 1. General Provisions.

Section 9-11-107. Same sex marriage void
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Section 9-11-109. Validity of foreign marriages
(a) All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
(b) This section shall not apply to a marriage between persons of the same sex.

    • Subchapter 2. License and Ceremony.

Section 9-11-208. License not issued to persons under age or to persons of the same sex.
(a) No license shall be issued to persons to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.
(b) It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
(c) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
(d) However, nothing in this section shall prevent an employer from extending benefits to persons who are domestic partners of employees.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

California[edit]

California authorized same-sex marriages briefly in 2008, and continues to recognize valid same-sex marriages performed either in California or elsewhere during that period.

On May 15, 2008, the Supreme Court of California overturned the ban on same-sex marriage, making California the second state, behind Massachusetts, to allow full marriage rights for same-sex partners. Citing its own 1948 decision that reversed the interracial-marriage ban, the California Supreme Court (in a 4-3 ruling, penned by Chief Justice Ronald George) struck down California's 1977 one-man, one-woman marriage law and a similar voter-approved 2000 law (passed with 61%). The 2006 census indicated that California had an estimated 108,734 same-sex households.[8]

The California Office of Vital Records announced on May 28, 2008, that it planned to start issuing marriage licenses to same-sex couples on June 17, 2008.[9] The Office of Vital Records chose the date of June 17 so it would be prepared if the supreme court's May 15 decision was not stayed.

Same-sex marriage opponents gathered sufficient signatures to place a constitutional amendment, Proposition 8, on the November 2008 ballot, to define marriage as being between a man and woman. The proposition passed.

The California Supreme Court upheld Proposition 8 on May 26, 2009, but ruled that the 18,000 same-sex marriages already performed remain valid. Later, the Marriage Recognition and Family Protection Act was signed by Governor Arnold Schwarzenegger, which grants all out-of-state same-sex marriages the benefits of marriage under California law, although only those performed before November 5, 2008 are granted the designation "marriage".

On August 4, 2010, the U.S. District Court for the Northern District of California announced its decision in favor of the plaintiffs in Perry v. Schwarzenegger, thus overturning Proposition 8 based on the Due Process Clause and the Equal Protection Clause. Judge Walker's decision concluded that California had no rational basis or vested interest in denying gays and lesbians marriage licenses. On February 7, 2012, a 3-judge panel of the United States Court of Appeals for the Ninth Circuit upheld Judge Walker's decision, but it remained stayed during further appeals.[10]

The Supreme Court granted review of the case, renamed Hollingsworth v. Perry, on December 7, 2012 and issued a final decision on June 26, 2013.[11] With the Supreme Court having dismissed the case on standing grounds, same-sex marriage became legal again in California on June 28, 2013.[12]

Texts :
California Constitution - Article I. Declaration of rights.
Section 7.5. - Only marriage between a man and a woman is valid or recognized in California.

300. (a) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
308.5. Only marriage between a man and a woman is valid or recognized in California.

Colorado[edit]

  • 2013: Since May 1, 2013 civil unions are available for "any 2 adults", when a law was passed by the Colorado Legislature and signed by the Governor.
  • 2009: Since midnight July 1, 2009 unmarried couples are able to enter a designated beneficiary agreement which will grant them limited rights, including making funeral arrangements for each other, receiving death benefits, and inheriting property without a will.[13]
  • On November 7, 2006, Colorado voters approved a constitutional amendment defining marriage as being between a man and a woman only and defeated a referendum to allow same-sex couples to register domestic partnerships.
  • 1975: Clela Rorex, county clerk of Boulder County, Colorado, allowed six same-sex couples to wed after receiving an advisory opinion from the district attorney's office indicating that the state's laws did not explicitly prohibit it.[14] A law was quickly enacted to prohibit same-sex marriages.

Texts :

Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

(1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if:
(a) It is licensed, solemnized, and registered as provided in this part 1; and
(b) It is only between one man and one woman.
(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.

No marriage license or recognition of same-sex marriage. However certain/few rights are granted to domestic partners through a designated beneficiary agreement since 1 July 2009. Since May 1, 2013 civil unions are available for "any 2 adults", when a recently passed law got passed and signed by the Colorado Legislature and the Governor.

Connecticut[edit]

On October 10, 2008, the Connecticut Supreme Court issued a 4-3 ruling, which took effect on November 12,[15] that denial of same-sex marriage is a violation of the Connecticut state constitution's guarantees of due process and equal protection. Six months later, the Connecticut legislature passed a law to make Connecticut's marriage laws gender neutral, affirming the court's ruling.[16]

Texts:

A marriage between two persons entered into in this state and recognized as valid in this state may be recognized as a marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, in another state or jurisdiction if one or both persons travel to or reside in such other state or jurisdiction.

Other relationships recognition from other jurisdictions for same-sex couples as: Marriage

Other relationship recognition for same-sex couples : Civil unions in Connecticut (expired on the 1 October 2010)

Delaware[edit]

Texts :

(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew or first cousin.
(d) A marriage obtained or recognized outside the state between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the state.

§ 101. Void and voidable marriages.

(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.

(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:

(1)-(5) [Repealed.]

(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;

(7) On probation or parole from any court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a marriage license a written consent to such person's proposed marriage from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully marry.

(c) [Repealed.]

(d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State.

(e) For all purposes of the laws of this State, 2 persons of the same gender who are parties to a legal union other than a marriage (whether designated as a civil union, a domestic partnership or another relationship) established in another jurisdiction shall be afforded and shall be subject to the same rights, benefits, protections, responsibilities, obligations and duties as are afforded and imposed upon married spouses (whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) if:

(1) Such legal union was validly entered into in such other jurisdiction;

(2) Such legal union would not be prohibited as a marriage by reason of subsection (a) of this section; and

(3) Such legal union affords and imposes on such individuals under the laws of the jurisdiction establishing such union substantially the same rights, benefits, protections, responsibilities, obligations and duties as a marriage.

§ 129. Equal treatment of marital relationships.

(a) All laws of this State applicable to marriage or married spouses or the children of married spouses, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, shall apply equally to same-gender and different-gender married couples and their children.

(b) Parties to a marriage shall be included in any definition or use of terms such as "dependent," "family," "husband," "wife," "widow," "widower," "immediate family," "next of kin," "spouse," "stepparent," "tenants by the entirety" and other terms, whether or not gender specific, that denote a spousal or familial relationship, or a person in a spousal or familial relationship, as those terms are used throughout the Code, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of the laws of this State, including in equity, regardless of whether the parties to a marriage are the same gender or different genders.

(c) To the extent that provisions of the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, adopt, refer to, or rely upon in any manner, provisions of United States federal law that would have the effect of treating differently same-gender married spouses or their children as compared to different-gender married spouses or their children, same-gender married spouses and their children shall be treated in all respects by the laws of this State as if United States federal law recognizes a marriage between persons of the same gender in the same manner as the laws of this State.

(d) The rights of same-gender married spouses, with respect to a child of whom either spouse becomes the parent during their marriage, shall be the same as the rights (including presumptions of parentage, paternity and maternity in Chapter 8 of this title) of different-gender married spouses with respect to a child of whom either spouse becomes the parent during their marriage.

(e) Notwithstanding anything to the contrary contained in, and in addition to any other rights afforded under, Chapter 31 of Title 16, if a married person is the legal parent of a child at the birth of the child, including pursuant to subsection (d) of this section, such person shall be entitled to have his or her name entered on the original certificate of birth as a parent of the child.

(f) All persons who enter into same-gender marriages that are solemnized in this State or are created by conversion from a civil union under the laws of this State consent to the nonexclusive jurisdiction of the Family Court of this State for all proceedings for divorce and annulment of such marriage, even if 1 or both parties no longer reside in this State, as set forth in § 1504 of this title.

  • House Bill 75 provides (in part) that on July 1, 2013, section 101(a) was amended striking "between persons of the same gender" from the list of prohibitions; inserting an additional section 101 (e) providing for recognition of out-of-state marriages and civil unions as marriages (except those under the remaining section 101 (a) prohibitions); and inserting section 218 providing for the conversion of civil unions to marriages.

Existing civil unions recognized, electively converting to marriages optionally between July 1, 2013 and July 1, 2014, and converted automatically thereafter. Effective July 1, 2013, marriage licenses, and recognition of comparable relationships from other jurisdictions as marriages for all couples.

Florida[edit]

November 4, 2008: Florida voters approve a ballot measure that amends the state constitution to limit marriage to opposite-sex couples and ban civil unions. The amendment says, “Inasmuch as marriage is the legal union of only one man and one woman, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

Texts :

Section 27. Marriage defined. - Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

Section 741.04. Marriage license issued.
No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person … unless one party is a male and the other party is a female.
Section 741.212. Marriages between persons of the same sex
(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.
(2) The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state, territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection (1) or a claim arising from such a marriage or relationship.
(3) For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Georgia[edit]

July 6, 2006: Upheld: The state Supreme Court reversed a lower court's ruling, deciding unanimously that the measure did not violate Georgia's single-subject rule for ballot measures. The issue had been approved by 76 percent of voters in 2004.[17]

Texts :

Paragraph I. Recognition of marriage.
(a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship.

  • Georgia Code Annotated - Title 19. Domestic Relations - Chapter 3. Marriage generally - Article 1. General Provisions

Section 19-3-3.1 Same sex marriages prohibited
(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Hawaii[edit]

1996: The Hawaii State Supreme Court rules that prohibiting same-sex couples from marrying may violate Hawaii's constitutional equal protection clause and can only be upheld if prohibition is justified by a compelling reason (Baehr v. Miike, 80 Hawai`i 341).[18]

1998: Hawaii's voters amend their Constitution to permit the legislature to restrict marriage to men and women only, but the wording of the amendment and the subsequent bill which did so allows the possibility of civil unions.[19]

2011: Hawaii enacts Act 1 (Senate Bill 232)[20] legalizing civil unions in Hawaii.[21] (came into effect 1 January 2012)

November 13, 2013: Governor Neil Abercrombie signs marriage equality legislation. Marriages begin Dec. 2nd, 2013.[22]

Texts :

§572-B Interpretation of terminology to be gender neutral. When necessary to implement the rights, benefits, protections, and responsibilities of spouses under the laws of this State, all gender-specific terminology, such as "husband", "wife", "widow", "widower", or similar terms, shall be construed in a gender-neutral manner. This interpretation shall apply to all sources of law, including statutes, administrative rules, court decisions, common law, or any other source of law.


§572 -C Reliance on federal law. Any law of this State that refers to, adopts, or relies upon federal law shall apply to all marriages recognized under the laws of this State as if federal law recognized such marriages in the same manner as the laws of this State so that all marriages receive equal treatment.

"§572 - 1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be permitted between two individuals without regard to gender, it shall be necessary that:

(1) The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, two siblings of the half as well as to the whole blood, uncle and niece, uncle and nephew, aunt and nephew, or aunt and niece, whether the relationship is the result of the issue of parents married or not married to each other or parents who are partners in a civil union or not partners in a civil union;

(2) Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;

(3) Neither party has at the time any lawful wife, husband, or civil union partner living, except as provided in section 572-A;

(4) Consent of neither party to the marriage has been obtained by force, duress, or fraud;

(5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;

(6) The parties to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses;

(7) The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the parties to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony."

"§572 -3 Contracted without the State. Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State."

Idaho[edit]

November 7, 2006: Idaho voters approved a state constitutional amendment barring same-sex marriage. (Idaho Amendment 2 (2006))

Text :

A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state

  • IDAHO CODE - Title 32. Domestic relations - Chapter 2. Marriage; nature and validity of marriage contract

§ 32-209. Recognition of foreign or out-of-state marriages
All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Illinois[edit]

In 2007, 2008 and 2009 state representative Greg Harris introduced the Religious Freedom and Marriage Fairness Act to the Illinois State House of Representatives, in order to implement same-sex marriages in the legislation, the bill has not moved. Also in 2009, The Equal Marriage Act, Bill 2468, was introduced in the Senate by Senator Heather Steans (D)-Chicago. This is the first time a same-sex marriage bill was introduced to Illinois Senate. The bill would provide eligible same-sex and opposite-sex couples with the same treatment as those in a civil marriage. Senate Bill 2468 states that the current state laws relating to marriage discriminate against same sex couples. It changes the statute by saying "that a marriage is between 2 persons (rather than, a man and a woman)."

The bill was signed into law by Governor Pat Quinn on November 20, 2013; the law will take effect on June 1, 2014.[23]

Texts : Illinois Compiled Statutes

  • 750 ILCS 5/201. Formalities.

A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.

  • 750 ILCS 5/212. Prohibited Marriages.

(a) The following marriages are prohibited:... ... (5) a marriage between 2 individuals of the same sex.

  • 750 ILCS 5/213.1 Same‑sex marriages; public policy.

A marriage between 2 individuals of the same sex is contrary to the public policy of this State.

Civil Union Licenses are issued and recognized in Illinois. Marriages and other substantially similar legal relationship are recognized as Civil Unions in Illinois.

Indiana[edit]

Texts :

  • Indiana Code - Title 31. Family law and juvenile law - Article 11. Family law : Marriage - Chapter 1. Who may marry

Section 31-11-1-1. Same sex marriages prohibited
(a) Only a female may marry a male. Only a male may marry a female.
(b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Iowa[edit]

Texts :

  • IOWA CODE - TITLE XV. Judicial Branch and judicial procedures - SUBTITLE 1. Domestic relations

CHAPTER 595 Marriage– 595.2. Gender - Age : 1. Only a marriage between a male and a female is valid.

This law was ruled to be unconstitutional by Polk County judge Robert Hanson on August 30, 2007.[24] On April 3, 2009, the Iowa Supreme Court unanimously upheld Hanson's ruling and nullified the statute prohibiting same-sex marriage.[25] Licenses became available on April 27.[26]

Tim McQuillan and Sean Fritz, Iowa State University students, were married by the Rev. Mark Stringer of First Unitarian Church in Des Moines at 10:32 a.m. on August 31, 2007, becoming the first same-sex couple to be married in Iowa. Shortly thereafter Hanson issued a stay of his own ruling pending appeal. About 20 other same-sex couples had obtained licenses before the stay was issued.[27]

Kansas[edit]

Texts :

(a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.
(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.

The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law.

  • Kansas Statute Section 23-2508. Validity of marriages contracted without state.

All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. It is the strong public policy of this state only to recognize as valid marriages from other states that are between a man and a woman.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Kentucky[edit]

In 1970 Marjorie Jones & Tracy Knight were denied a marriage license by the county clerk who refused upon seeking advice from the district attorney. On November 9, 1973, the Kentucky Court of Appeals (at the time the state's highest court of appeals) unanimously ruled that members of the same sex do not have a right to marry, even though the law of Kentucky at the time did not specifically define it as between a man and a woman, the court found that the definition of marriage had never included members of the same sex, noting that churches kept records before the state issued any marriage licenses. Citing Reynolds v. United States the court declared 'The claim of religious freedom cannot be extended to make the professed doctrines superior to the law of the land and in effect to permit every citizen to become a law unto himself...We do not consider the refusal to issue the license a punishment"[28]

Texts :

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.

Section 402.005 Definition of marriage.
As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.
Section 402.020 Other prohibited marriages.
(1) Marriage is prohibited and void: (d) Between members of the same sex;
Section 402.040 Marriage in another state
(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.
(2) A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.
Section 402.045 Same-sex marriage in another jurisdiction void and unenforceable.
(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.
(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

  • On September 10, 2013 the Kentucky Equality Federation sued the Commonwealth of Kentucky in Franklin Circuit Court claiming Kentucky's 2004 Constitutional Amendment banning same-sex marriage violated sections of the commonwealth's constitution.[29][30] Case # 13-CI-1074 was assigned by the Franklin County Court Clerk (the location of the Kentucky State Capitol). The case remains open and no determination has been reached by the court. The lawsuit was conceived by President Jordan Palmer, written and signed by Vice President of Legal Jillian Hall, Esq. Palmer stated to the media that "Kentucky added a facially unconstitutional amendment to its constitution via a ballot initiative process. Thus, the attempt to abrogate constitutional sensibilities in favor of a ballot initiative, as was done for Section 233A of the Kentucky Constitution in 2004, is against the very notion of equal protection as guaranteed to each and all of Kentucky’s population. This should be held as true as a matter of law by the Courts, regardless of the ballot’s outcome."[30]

Louisiana[edit]

September 18, 2004: Louisiana voters ratified a state constitutional amendment defining marriage as only between a man and a woman. The amendment passed with an overwhelming majority, 78 percent in favor to 22 percent opposed, but allegations of botched elections procedures taint the validity of the outcome.[31]

October 2004: District Judge William Morvant of Baton Rouge struck down the amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject; the amendment prevented the state from recognizing any legal status for common-law relationships, domestic partnerships and civil unions between both gay and heterosexual couples.[32]

January 19, 2005: The Louisiana Supreme Court reinstated the state constitutional amendment banning same-sex marriage.[33]

April 21, 2009: A same-sex couple files a federal lawsuit against state and local officials after being denied a marriage license in New Orleans.[34]

Texts :

Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.

Article 89. Impediment of same sex
Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.
Article 96. Civil effects of absolutely null marriage; putative marriage
§4. A purported marriage between parties of the same sex does not produce any civil effects.
Article 3520. Marriage (Title II of Book IV of the Civil Code)
A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.
B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Maine[edit]

Texts :

Be it enacted by the People of the State of Maine as follows: Sec. 1. 19-A MRSA §650, as enacted by PL 1997, c. 65, §2, is repealed.

Sec. 2. 19-A MRSA §650-A is enacted to read:

§ 650-A. Codification of marriage

Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships, including, but not limited to, "spouse," "family," "marriage," "immediate family," "dependent," "next of kin," "bride," "groom," "husband," "wife," "widow" and "widower," must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law.

Sec. 3. 19-A MRSA §650-B is enacted to read:

§ 650-B. Recognition of marriage licensed and certified in another jurisdiction

A marriage of a same-sex couple that is validly licensed and certified in another jurisdiction is recognized for all purposes under the laws of this State.

Sec. 4. 19-A MRSA §651, sub-§2, as amended by PL 1997, c. 537, §12 and affected by §62, is further amended to read:

2. Application. The parties wishing to record notice of their intentions of marriage shall submit an application for recording notice of their intentions of marriage. The application may be issued to any 2 persons otherwise qualified under this chapter regardless of the sex of each person. The application must include a signed certification that the information recorded on the application is correct and that the applicant is free to marry according to the laws of this State. The applicant's signature must be acknowledged before an official authorized to take oaths. Applications recording notice of intentions to marry must be open for public inspection in the office of the clerk. When the application is submitted, the applicant shall provide the clerk with the social security numbers of the parties. The application must include a statement that the social security numbers of the parties have been provided to the clerk. The clerk shall record the social security numbers provided by each applicant. The record of the social security numbers is confidential and is not open for public inspection. Sec. 5. 19-A MRSA §655, sub-§3 is enacted to read:

3. Affirmation of religious freedom. This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.[35]

On May 6, 2009, after the Senate gave a final vote on enactment, Governor John Baldacci signed the bill into law.[36] Baldacci became the first governor in the nation to sign a same-sex marriage bill that was not the result of a court decision.[37] Maine became the fifth state in the United States to authorize same-sex marriage. The law shall take effect 90 days after the Legislature adjourns, which would probably put date of effect around September 14, 2009, unless the law is suspended pending a people's veto referendum.[citation needed]

On May 7, 2009, opponents of the law submitted the required paperwork necessary to launch a people's veto campaign, which would put the issue on a statewide ballot in November 2009 or June 2010.[38] To succeed in putting the question on the ballot, they will have to get at least 55,087 valid signatures within 90 days after the adjournment of the Legislature, which is expected to occur in mid-June. The law would then be put on hold until after the statewide vote.[39] The proponents of the people's veto sought to submit signatures earlier, by the first week of August, in order for there to be enough time to hold the veto referendum in November 2009.[40]

On November 3, 2009, the issue was put on a statewide ballot. The following day, it was made official that opponents of same-sex marriage successfully vetoed the legislation.[41]

DOMESTIC PARTNERSHIP laws

Other relationship recognition for same-sex couples : Domestic partnership in Maine.
Other relationships recognition from other jurisdictions for same-sex couples as : Domestic partnership in Maine? Not explicit

2012 initiative

On June 30, 2011, EqualityMaine and Gay & Lesbian Advocates & Defenders (GLAD) announced plans to place a voter initiative in support of same-sex marriage on Maine's November 2012 ballot.[42][43] The title of the citizen initiative is "An Act to Allow Marriage Licenses for Same-Sex Couples and Protect Religious Freedom", and the text of their proposed ballot question is:[44]

Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?

On July 27, 2012, Secretary of State Charlie Summers released the final wording of the ballot question. The question on the November ballot read:

Do you want to allow the State of Maine to issue marriage licenses to same-sex couples?

On January 26, 2012, supporters delivered over 105,000 petition signatures for the initiative to the Secretary of State's office, exceeding the minimum of 57,277 signatures required for initiatives in the state.[45][46] The Secretary of State announced on February 23 that the office verified 85,216 signatures, qualifying It for the November 2012 ballot.[47]

The 2012 campaign to legalize marriage for same-sex couples in Maine was led by a group called Mainers United for Marriage.[48] Several groups had also formed in opposition.[49]

On November 6, Maine became the first state in the United States to legalize same-sex marriage through a ballot initiative.[50]

Maryland[edit]

On January 1, 2013, the Civil Marriage Protection Act took effect, and same-sex marriage in Maryland became legal.

Valid Marriages

(a) Construction. — This section may not be construed to invalidate any other provision of this title.

(b) In general. — Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State.

[An. Code 1957, art. 62, § 1; 1984, ch. 296, § 2.]

Prohibited Marriages

(a) In general.- Any marriage performed in this State that is prohibited by this section is void.

(b) Marriages within 3 degrees of direct lineal consanguinity or within first degree of collateral consanguinity prohibited; penalties.-

(1) A man may not marry his:

(i) grandmother; (ii) mother; (iii) daughter; (iv) sister; or (v) granddaughter.

(2) A woman may not marry her:

(i) grandfather; (ii) father; (iii) son; (iv) brother; or (v) grandson.

(3) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $1,500.

(c) Certain marriages within other degrees of affinity or consanguinity prohibited; penalties.-

(1) A man may not marry his:

(i) grandfather’s wife; (ii) wife’s grandmother; (iii) father’s sister; (iv) mother’s sister; (v) stepmother; (vi) wife’s mother; (vii) wife’s daughter; (viii) son’s wife; (ix) grandson’s wife; (x) wife’s granddaughter; (xi) brother’s daughter; or (xii) sister’s daughter.

(2) A woman may not marry her:

(i) grandmother’s husband; (ii) husband’s grandfather; (iii) father’s brother; (iv) mother’s brother; (v) stepfather; (vi) husband’s father; (vii) husband’s son; (viii) daughter’s husband; (ix) husband’s grandson; (x) brother’s son; (xi) sister’s son; or (xii) granddaughter’s husband.

[An. Code 1957, art. 27, §§ 390, 391; art. 62, §§ 1, 2; 1984, ch. 296, § 2; 2002, ch. 424.]

Massachusetts[edit]

Massachusetts statutes contain no explicit definition of marriage. The marriage licensing statute at chapter 207 refers to the parties to a marriage or persons who marry without specifying sex.[51]

On November 18, 2003, the state's highest court held in Goodridge v. Department of Public Health that the statute's references to marriage must be understood in their "common-law and quotidian meaning" as the union of a man and a woman. It then held that denying marriage licenses to same-sex couples " violates the basic premises of individual liberty and equality under law protected by the Massachusetts Constitution." It provided an amended definition of marriage: "We construe civil marriage to mean the voluntary union of two persons as spouses, to the exclusion of all others." The Court stayed its decision for 180 days to allow the state legislature to "take such action as it may deem appropriate in light of this opinion." The legislature took no action, same-sex marriage became legal on May 17, 2004, and on that day same-sex couples applied for marriage licenses, acquired them, and solemnized marriages.

Under a 1913 statute, the marriages of nonresidents were invalid if the marriage was clearly invalid in their state of residence. The repeal of that statute took effect on July 31, 2008, and no such restriction exists.[52]

Court rulings in July and September 2012 established that Massachusetts recognizes civil unions and domestic partnerships established in other jurisdictions as marriages.[53][54]

Michigan[edit]

On January 23, 2012, a lesbian couple filed a lawsuit known as DeBoer v. Snyder in federal district court, challenging the state's ban on adoption by same-sex couples so they can jointly adopt their children.

On March 21, 2014, U.S. District Judge Bernard Friedman struck down the ban and legalized same-sex marriage in the state.[55]

Texts :

To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

551.1 Marriage between individuals of same sex as invalid contract.[56]
Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
551.271 Marriages solemnized in another state validated.[57]
(1) Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws.'
(2) This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.
551.272 Marriage not between man and woman invalidated.[58]
This state recognizes marriage as inherently a unique relationship between a man and a woman, as prescribed by section 1 of chapter 83 of the Revised Statutes of 1846, being section 551.1 of the Michigan Compiled Laws, and therefore a marriage that is not between a man and a woman is invalid in this state regardless of whether the marriage is contracted according to the laws of another jurisdiction.

Minnesota[edit]

1971: The Minnesota Supreme Court rules in Baker v. Nelson against the contention of plaintiffs Jack Baker and Mike McConnell that absence of a specific prohibition on same-sex marriage signified a legislative intent to recognize them. The court found that "The institution of marriage as a union of man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the Book of Genesis".[1] The United States Supreme Court dismissed the plaintiffs' appeal "for want of substantial federal question."

On May 9, 2013, the Minnesota House of Representatives voted to legalize same-sex marriage. On May 13, 2013, the Minnesota Senate also voted to legalize same-sex marriage. Governor Mark Dayton signed the bill into law on May 14, 2013.[59] Same-sex marriage became legal on July 1, 2013 and licenses were issued beginning on August 1, 2013.

A civil marriage, so far as its validity in law is concerned, is a civil contract between two persons, to which the consent of the parties, capable in law of contracting, is essential.

Mississippi[edit]

Texts :

Marriage may take place and may be valid under the laws of this State only between a man and a woman. A marriage in another State or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this State and is void and unenforceable under the laws of this State.

(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Missouri[edit]

Texts :

Section 33.Marriage, validity and recognition.
That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.

section 451.022. Public policy, same sex marriages prohibited—license may not be issued.
1. It is the public policy of this state to recognize marriage only between a man and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex will not be recognized for any purpose in this state even when valid where contracted.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Montana[edit]

November 2, 2004: An amendment is put on the ballot to ban same-sex marriage. 67% of voters supported it. Cfr Montana Initiative 96 (2004)

Texts :

Section 7. Marriage Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.

Section 40-1-103. General Provisions --- Formalities.
Marriage is a personal relationship between a man and a woman arising out of a civil contract to which the consent of the parties is essential. A marriage licensed, solemnized, and registered as provided in this chapter is valid in this state. A marriage may be contracted, maintained, invalidated, or dissolved only as provided by the law of this state.
Section 40-1-401. Prohibited marriages– contracts.
(1) The following marriages are prohibited: ... (d) a marriage between persons of the same sex.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Nebraska[edit]

On May 12, 2005, the U.S. District Court for the District of Nebraska announced its decision in favor of the plaintiffs in Citizens for Equal Protection v. Bruning, thus overturning Nebraska Initiative Measure 416 based on the Equal Protection Clause, the First Amendment, and the Contract Clause's prohibition on bills of attainder. Judge Joseph F. Bataillon's decision concluded that Nebraska had no rational basis in denying gays and lesbians marriage licenses. On July 14, 2006, the United States Court of Appeals for the Eighth Circuit overturned Judge Bataillon's decision and ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."

Texts :

Article I, Section 29. Marriage; same-sex relationships not valid or recognized. Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Nevada[edit]

Texts:

Section 21. Limitation on recognition of marriage.
Only a marriage between a male and female person shall be recognized and given effect in this state.

No marriage license and no marriage recognition from other jurisdictions for same-sex couples - However domestic partnerships are legally available.

New Hampshire[edit]

Text:

457:1-a Equal Access to Marriage. – Marriage is the legally recognized union of 2 people. Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated "bride", "groom", or "spouse." Source. 2009, 59:1, eff. Jan. 1, 2010.

457:2 Marriages Prohibited. – No person shall marry his or her father, mother, father's brother, father's sister, mother's brother, mother's sister, son, daughter, brother, sister, son's son, son's daughter, daughter's son, daughter's daughter, brother's son, brother's daughter, sister's son, sister's daughter, father's brother's son, father's brother's daughter, mother's brother's son, mother's brother's daughter, father's sister's son, father's sister's daughter, mother's sister's son, or mother's sister's daughter. No person shall be allowed to be married to more than one person at any given time. Source. RS 147:2. CS 156:2. GS 161:2. 1869, 9:2. GL 180:2. PS 174:2. PL 286:2. RL 338:2. RSA 457:2. 1965, 46:1. 1987, 218:2, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.

457:1 Purpose and Intent. – The purpose of this chapter is to affirm the right of 2 individuals desiring to marry and who otherwise meet the eligibility requirements of this chapter to have their marriage solemnized in a religious or civil ceremony in accordance with the provisions of this chapter. Source. RS 147:1. CS 156:1. GS 161:1. 1869, 9:1. GL 180:1. PS 174:1. PL 286:1. RL 338:1. RSA 457:1. 1987, 218:1, eff. July 17, 1987. 2009, 59:1, eff. Jan. 1, 2010.

457:3 Recognition of Out-of-State Marriages. – Every marriage legally contracted outside the state of New Hampshire, which would not be prohibited under RSA 457:2 if contracted in New Hampshire, shall be recognized as valid in this state for all purposes if or once the contracting parties are or become permanent residents of this state subsequent to such marriage, and the issue of any such marriage shall be legitimate. Marriages legally contracted outside the state of New Hampshire which would be prohibited under RSA 457:2 if contracted in New Hampshire shall not be legally recognized in this state. Any marriage of New Hampshire residents recognized as valid in the state prior to the effective date of this section shall continue to be recognized as valid on or after the effective date of this section. Source. RS 147:3. CS 156:3. GS 161:3. GL 180:3. PS 174:3. PL 286:3. RL 338:3. RSA 457:3. 1965, 252:1. 1973, 145:6. 2004, 100:1, eff. May 14, 2004. 2009, 59:1, eff. Jan. 1, 2010.

457:4 Marriageable. – No male below the age of 14 years and no female below the age of 13 years shall be capable of contracting a valid marriage that is entered into by one male and one female, and all marriages contracted by such persons shall be null and void. No male below the age of 18 and no female below the age of 18 shall be capable of contracting a valid marriage between persons of the same gender, and all marriages contracted by such persons shall be null and void. Source. 1907, 80:1. PL 286:4. RL 338:4. 2009, 59:2, eff. Jan. 1, 2010.

457:46 Obtaining Legal Status of Marriage. –

I. Notwithstanding the provisions of RSA 457-A, no new civil unions shall be established on or after January 1, 2010. Two consenting persons who are parties to a valid civil union entered into prior to January 1, 2010 pursuant to this chapter may apply and receive a marriage license and have such marriage solemnized pursuant to RSA 457, provided that the parties are otherwise eligible to marry under RSA 457 and the parties to the marriage are the same as the parties to the civil union. Such parties may also apply by January 1, 2011 to the clerk of the town or city in which their civil union is recorded to have their civil union legally designated and recorded as a marriage, without any additional requirements of payment of marriage licensing fees or solemnization contained in RSA 457, provided that such parties' civil union was not previously dissolved or annulled. Upon application, the parties shall be issued a marriage certificate, and such marriage certificate shall be recorded with the division of vital records administration. Any civil union shall be dissolved by operation of law by any marriage of the same parties to each other, as of the date of the marriage stated in the certificate.
II. Two persons who are parties to a civil union established pursuant to RSA 457-A that has not been dissolved or annulled by the parties or merged into a marriage in accordance with paragraph I by January 1, 2011 shall be deemed to be married under this chapter on January 1, 2011 and such civil union shall be merged into such marriage by operation of law on January 1, 2011.

Source. 2009, 59:5, eff. Jan. 1, 2010; 61:3, eff. Jan. 1, 2010 at 12:02 a.m.

  • Marriage license since 1.1.2010.
  • Other relationship recognition for same-sex couples: Civil unions
    (expires on 1 January 2011)
  • Marriage and other relationship recognition from other jurisdictions for same-sex couples: Civil unions (expires on 1 January 2011)

New Jersey[edit]

October 25, 2006: New Jersey's Supreme Court held, "Denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose. The Court holds that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The name to be given to the statutory scheme that provides full rights and benefits to same-sex couples, whether marriage or some other term, is a matter left to the democratic process." The legislature was given 180 days to enact equal rights under the name of "marriage" or under some other equal scheme.

September 27, 2013: Recognition of same-sex unions in New Jersey is legal in the form of civil unions in that state, New Jersey Superior Court order in Garden State Equality v. Dow, same sex marriage shall be legal on October 21, 2013, unless there is a stay or reversal on appeal.

October 10, 2013: State judge Mary Jacobson refused to issue a stay, clearing the way for marriages to begin as scheduled on October 21.[60]

October 21, 2013: Same-sex marriages commence shortly after midnight, with Newark mayor Cory Booker officiating the first ceremony. Later in the morning, Governor Chris Christie issued a statement withdrawing his appeal to fight marriage equality in the New Jersey Supreme Court, saying "the Court has now spoken clearly as to their view of the New Jersey Constitution and, therefore, same-sex marriage is the law."[61]

Issues marriage licenses
Marriage and other relationships recognition from other jurisdictions for same-sex couples as : Same-sex marriage in New Jersey

New Mexico[edit]

On February 20, 2004, Victoria Dunlap, county clerk of Sandoval County, New Mexico, announced that she would begin issuing same-sex marriage licenses because New Mexico marriage law does not mention gender[62] and the first same-sex marriages there were performed later the same day. After issuing 66 such licenses, the clerk's office stopped issuing them the same day. New Mexico Attorney General Patricia Madrid said she thought the marriage licenses would be "invalid under state law". On August 9, 2010, a Santa Fe judge ruled that at least one of these marriage licenses was valid and subject to divorce action.[63]

On August 21, 2013, Doña Ana County Clerk Lynn Ellins begins issuing marriage licenses to same-sex couples. State Attorney General Gary King stated that he had no plans to challenge the marriage licenses.[64]

On August 26, 2013, State District Judge Alan Malott ordered Bernalillo County, New Mexico's largest and home to Albuquerque, to begin issuing same-sex marriage licenses, stating that New Mexico’s constitution prohibits discrimination on the basis of sexual orientation.[65]

December 19, 2013: New Mexico Supreme Court declares that the state's marriage laws shall apply equally to same-sex and opposite-sex couples, making it the 17th state with legal same-sex marriage.[66]

All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.

Issues Marriage Licenses

New York[edit]

In 2006, New York's Court of Appeals held that New York's marriage statutes do not allow same-sex marriage, and that there is no constitutional right to same-sex marriage. Hernandez v. Robles, 7 N.Y.3d 338 (2006).[67] During his 2006 gubernatorial campaign, Eliot Spitzer said that he would push to legalize same-sex marriage if elected.[68] Governor Spitzer introduced a same-sex marriage bill in April 2007.[69] The bill was passed in the New York State Assembly on June 19, 2007, but died in the New York State Senate and was returned to the Assembly.[70] No further action was taken on that bill.[70]

A bill permitting same-sex marriage was passed by the state legislature and signed into law by Governor Andrew Cuomo on June 24, 2011; it took effect on July 24, 2011.[71]

North Carolina[edit]

Texts :

Sec. 6. Marriage. - "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts."

Section 51‑1. Requisites of marriage; solemnization.
A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: ....

Section 51-1.2. Marriages between persons of the same gender not valid.
Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

North Dakota[edit]

Texts :

Art. XI - Section Section 28. Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

Section 14-03-01. What constitutes marriage - Spouse defined. Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife.
Section 14-03-08. Foreign marriages recognized - Exception. Except when residents of this state contract a marriage in another state which is prohibited under the laws of this state, all marriages contracted outside this state, which are valid according to the laws of the state or country where contracted, are valid in this state. This section applies only to a marriage contracted in another state or country which is between one man and one woman as husband and wife.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Ohio[edit]

March 24, 2005: Two judges rule that Ohio's 25-year-old domestic violence law cannot be used against unmarried heterosexual couples because of Ohio's new constitutional definition of marriage.

December 12, 2005: The Twelfth District Ohio Court of Appeals overturns the lower court rulings.

Texts :

Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.

§ 3101.01. Persons who may be joined in marriage; minor to obtain consent; public policy of state concerning same-sex marriage and extension of certain benefits to nonmarital relationships.
(A) ... A marriage may only be entered into by one man and one woman. ...
(B) ...
(C) (1) Any marriage between persons of the same sex is against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.
(2) Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
(3) The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division (C)(3) of this section shall be construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that are otherwise valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

A decision by Judge Black on April 14, 2014 strikes down a ban preventing the recognition of out of state marriages in Ohio. This decision will not go into effect until the appeals process carries itself out. <http://www.motherjones.com/mojo/2014/04/federal-judge-struck-down-ohio-gay-marriage-ban-map-gif>

Oklahoma[edit]

May 13, 2004: A lesbian couple from Tulsa obtained a marriage application in the Cherokee tribal headquarters in Tahlequah, Oklahoma. The Cherokee Nation issues marriage applications, rather than licenses. Couples obtaining a license have it signed by the individual performing the ceremony before returning to tribal court to have the application certified. Cherokee Principal Chief Chad "Corntassel" Smith stated that he believes that same-sex marriages are not allowed under Cherokee law, and the Cherokee Nation Tribal Council unanimously approved language that defined a union as between one man and one woman.

July 2005: The tribe's Judicial Appeals Tribunal upheld the couple's right to marry, confirming that if they should refile for certification, it would be granted.[72] Although Oklahoma does not recognize same-sex marriages performed in other states, Oklahoma does recognize all Cherokee marriages. It is unclear how Oklahoma would react if the Cherokee tribal courts decide that this marriage is valid.

Feb. 5, 2007: Senator Laughlin introduced SJR 21. This resolution would amend the state constitution to read, "Civil unions between persons of the same gender shall be prohibited in this state. Civil unions between persons of the same gender granted in another state shall not be recognized as valid and binding in this state."

Oct. 10, 2013: Gay couple Jason Pickel and Darren Black Bear was issued a marriage license from the Cheyenne and Arapaho Tribal Court, an autonomous jurisdiction within the boundaries of Oklahoma, but not subject to state laws.[73]

Jan. 14, 2014: U.S. District Court Judge Terence C. Kern in Bishop v. Oklahoma struck down the state constitution's ban on same-sex marriages, stating that it constituted "an arbitrary, irrational exclusion of just one class of Oklahoma citizens from a governmental benefit". He stayed his ruling pending appeal.[74]

Texts :

A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
B. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.

§43-3.1. Recognition of marriage between persons of same gender prohibited. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage. (Effective Jan. 1, 1997)

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Oregon[edit]

Texts :

Section 5a. Policy regarding marriage. It is the policy of Oregon, and its subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage.

No marriage license issued.

Other relationship performed: Domestic partnerships since April 2, 2008.

Other relationship recognition from other jurisdictions for same-sex couples : same-sex unions granted by other States

Pennsylvania[edit]

Texts :

§ 1704. Marriage between persons of the same sex. It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Rhode Island[edit]

Civil union: On May 19, 2011 the House approved a bill 62-11 to legalize Civil Unions in the state of Rhode Island. The Senate passed the bill 21-16 on June 29, 2011. The Governor signed the bill July 2, 2011.[75]

Marriage: On February 20, 2007 Rhode Island Attorney General Patrick Lynch issued an opinion stating that same-sex marriages from other jurisdictions did not violate Rhode Island's public policy and therefore must be recognized under principles of comity and full faith.[76]

On May 14, 2012, Governor Lincoln D. Chafee issued an executive order referencing the earlier Attorney General Opinion and requiring that all executive state departments, agencies, and offices recognize the lawful marriages of same-sex couples as valid for any purpose arising within the execution of their duties.[77]

On May 2, 2013, Chafee signed legislation making Rhode Island the tenth state to legalize same-sex marriage, effective August 1.[78]

Issues marriage licenses
Other relationship recognition for same-sex couples: Civil Unions in Rhode Island
Marriage and other relationships recognition from other jurisdictions for same-sex couples as : Civil Unions in Rhode Island

South Carolina[edit]

November 7, 2006: South Carolina voters approved a state constitutional amendment prohibiting same-sex marriage and civil unions by a margin of 78% to 22%.

Texts :

A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.

Section 20-1-10. Persons who may contract matrimony.
(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(B) No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or another man.
(C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or another woman.
SECTION 20-1-15. Prohibition of same sex marriage.
A marriage between persons of the same sex is void ab initio and against the public policy of this State.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

South Dakota[edit]

November 7, 2006: South Dakota voters passed an amendment to the state constitution prohibiting same-sex marriage with 52% of the vote. This is the lowest percentage for any state that has passed such an amendment by popular vote.

Texts :

Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.

25-1-1 Marriage defined—Consent and solemnization required.
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
25-1-38. Validity of marriages contracted outside state—Same-sex marriages excluded.
Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Tennessee[edit]

November 7, 2006: The Tennessee Marriage Protection Amendment passed by a margin of 81% to 19%.

Texts :

Section 18. Marital contract defined. The historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman, is contrary to the public policy of this state and shall be void and unenforceable in Tennessee. If another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited in this state by the provisions of this section, then the marriage shall be void and unenforceable in this state.

36-3-113. Marriage between one man and one woman only legally recognized marital contract.
(a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.
(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
(d) If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Texas[edit]

Texts :

(a) Marriage in this state shall consist only of the union of one man and one woman.
(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

Chapter 2. The marriage relationship - Section 2.001. Marriage licence.
(a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
(b) A license may not be issued for the marriage of persons of the same sex.
Chapter 6. Suit for dissolution of marriage - Section 6.204. Recognition of same-sex marriage of union.

  • (a) In this section, "civil union" means any relationship status other than marriage that:
    • (1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and
    • (2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.
  • (b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.
  • (c) The state or an agency or political subdivision of the state may not give effect to a:
    • (1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or
    • (2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Exception: In the jurisdiction covered by the 4th Texas Court of Appeals, two people of the same gender can marry if one of them is transgendered based on Littleton v. Prange that defines that a person's sex is determined by birth.[79][80][81]

On February 26, 2014 San Antonio-based Judge Orlando Garcia struck down the Texas state ban on same sex marriage stating that the "current prohibition has no legitimate governmental purpose." A stay has been granted awaiting appeal.

Utah[edit]

2004: A constitutional amendment was passed defining civil marriage to be limited to opposite-sex couples. It was approved by wide margin, 66% favorable and 34% against, in November 2004.

The amendment defines marriage as "... the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect."

2005: Utah Governor Jon Huntsman, Jr. proposed reciprocal benefits for all same-sex couples living in the state. The measure was defeated in the state Senate by 18 -10, and since then he has promised to introduce a Reciprocal Benefits Bill 2009 (similar to Colorado laws) in 2009.

2013: District Judge Robert J. Shelby struck down the same-sex marriage ban as unconstitutional in Kitchen v. Herbert on December 20, 2013. The ruling is currently being appealed, and has been stayed by the Supreme Court during the appellate proceedings.

Texts:

Section 29. Marriage.
(1) Marriage consists only of the legal union between a man and a woman.
(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

  • Utah Code - Title 30. Husband and Wife - Chapter 01. Marriage

30-1-2. Marriages prohibited and void.
The following marriages are prohibited and declared void: ... (5) between persons of the same sex.
30-1-4.1. Marriage recognition policy.
(1) (a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.
(b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married.
(2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.

Vermont[edit]

1999: Vermont Supreme Court rules that same-sex couples are entitled, under the state's constitution, to all of the protections and benefits provided through marriage.

2000: The legislature passes a law creating civil unions for same-sex couples, giving them all rights and benefits of marriage under Vermont law.

2007: On February 9, a same-sex marriage bill (H275) was introduced to the Legislature after seven years of civil unions.

2009: On April 3, the House passed the bill 95-52,[82] five votes shy of a veto-proof majority. On April 6, the Vermont State Senate approved the amendments made by the House and presented the revised bill to the governor, who immediately vetoed it.[83] On April 7, the veto was overridden by the Legislature, with the Senate voting 23-5 in favor of an override and the House voting 100-49. The law went into effect on September 1, 2009.[84]

Texts from the Vermont statutes:

  • Title 15. Domestic Relations - Chapter 1. Marriage

§ 8. Marriage definition.
Marriage is the legally recognized union of any two (2) adult persons.
§ 5. Marriage entered into in another state.
If a person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and such person goes into another state or country and there contracts a marriage prohibited and declared void by the laws of this state, such marriage shall be null and void for all purposes in this state.
§ 6. Marriage void in state of residence.
A marriage shall not be contracted in this state by a person residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction. Every marriage solemnized in this state in violation of this section shall be null and void.

Marriage licenses are provided for any two (2) adult persons.
Other relationship recognition for same-sex couples : Marriage.
Other relationships recognition from other jurisdictions for same-sex couples as : Marriage

Virginia[edit]

1975: The Code of Virginia is amended to prohibit marriage between persons of the same sex.[85]

1997: The statutory prohibition is extended to declare that any same-sex marriage from another state is void in Virginia.[86]

2004: The Virginia Code is again amended to prohibit civil unions or similar arrangements between members of the same sex, including arrangements created by private contract. The same statute also bars recognition of any such union from another state.[87]

2006: In November, a new Constitutional amendment, previously approved by the Virginia General Assembly, limiting marriage to unions of one man and one woman was voted on by people of Virginia. A majority of the voters (1,325,668 or 57%) approved the amendment, as opposed to 1,003,967 or 43% voting no. The amendment took effect in 2007.

Texts :

That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions.
This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.

§ 20-45.2. Marriage between persons of same sex.
A marriage between persons of the same sex is prohibited. Any marriage entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created by such marriage shall be void and unenforceable.
§ 20-45.3. Civil unions between persons of same sex.
A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Federal Court Ruled 2/13/2014 that Virginia's ban on Same sex marriage is unconstitutional. [88]

Washington[edit]

Texts :

26.04.010. Marriage contract– Void marriages.
(1) Marriage is a civil contract between two persons who have each attained the age of eighteen years, and who are otherwise capable.
(3) Where necessary to implement the rights and responsibilities of spouses under the law, gender specific terms such as husband and wife used in any statute, rule, or other law must be construed to be gender neutral and applicable to spouses of the same sex.

Allows same-sex marriage.

Domestic partnerships have been recognized as of July 22, 2007 and extented in 2008 and 2009, to all areas of statutes with the exception as shown above. See Domestic partnership in Washington.

On 13 February 2012, Governor Christine Gregoire signed a measure legalizing same-sex marriage that would go into effect on 7 June 2012 unless a referendum with sufficient petition signatures were filed. Washington Referendum 74 (2012) was successfully filed in opposition to this law and appeared on the general election ballot on 6 November. Voters approved the referendum, making same-sex marriage legal in the state of Washington. The law allowing same-sex marriage went into effect on 6 December, and the first same-sex marriage licenses were issued 9 December.

West Virginia[edit]

Texts :

§48-2-603. Certain acts, records, and proceedings not to be given effect in this state.
A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of the other state, territory, possession, or tribe, or a right or claim arising from such relationship, shall not be given effect by this state.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Wisconsin[edit]

History :
2004–2006 : in both Wisconsin State Senate and Wisconsin State Assembly, double vote in order needed to put the subject on the ballot. November 7, 2006: Wisconsin voters pass the amendment by a margin of 59%-41%.

In June 2009, the Wisconsin Assembly and Senate both passed the biennial state budget which includes limited domestic partnership protections for the state’s same-sex couples - it went into effect on 3 August 2009.

Texts :

Section 13. Marriage. Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.

765.001(2) Intent. - Extract :
... Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support....
765.01 A civil contract.
Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.
765.04 Marriage abroad to circumvent the laws.
(1) If any person residing and intending to continue to reside in this state who is disabled or prohibited from contracting marriage under the laws of this state goes into another state or country and there contracts a marriage prohibited or declared void under the laws of this state, such marriage shall be void for all purposes in this state with the same effect as though it had been entered into in this state.
(3) No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.
765.30 Penalties.
(1) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:
(a) Penalty for marriage outside the state to circumvent the laws. Any person residing and intending to continue to reside in this state who goes outside the state and there contracts a marriage prohibited or declared void under the laws of this state.

No marriage licenses, allows domestic partnerships (with limited rights).

Wyoming[edit]

Texts :

  • Wyoming Statutes - Title 20. Domestic relations - Chapter 1. Husband and wife - Article 1. Creation of marriage

20-1-101. Marriage a civil contract.
Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

N.B. 20-1-111. Foreign marriages. All marriage contracts which are valid by the laws of the country in which contracted are valid in this state.

Other U.S. jurisdictions[edit]

District of Columbia[edit]

  • On December 1, 2009 the Religious Freedom And Civil Marriage Equality Amendment Act 2009 passed by a vote of 11-2 on the first reading. The second reading was voted on December 15, 2009. The measure passed by a vote of 11-2. The bill has received the Mayor's signature and was not successfully challenged during the "30 day Congressional review period." Thus, the bill became law effective 3 March 2010. Same-sex marriages are now performed in the District of Columbia.[89]

Issues marriage licenses
Since 6 July 2009, DC recognizes same-sex marriages that were performed in a state or country where they are legal.
Other relationship recognition for same-sex couples: Domestic partnership in the District of Columbia.

Puerto Rico[edit]

Texts:

  • Puerto Rico Civil Code - Title 31 Civil Code - Subtitle 1 Persons - Part III Marriage - Chapter 29 Nature of Marriage

§ 221. Definition, validity, and dissolution of marriage. Marriage is a civil institution, originating in a civil contract whereby a man and a woman mutually agree to become husband and wife and to discharge toward each other the duties imposed by law. It is valid only when contracted and solemnized in accordance with the provisions of law, and it may be dissolved before the death of either spouse only in the cases expressly provided for in this title. Any marriage between persons of the same sex or transsexuals contracted in other jurisdictions shall not be valid or given juridical recognition in Puerto Rico. (effective March 19, 1999)

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

U.S. Virgin Islands[edit]

Texts:

§ 31. Nature of marriage. Marriage is hereby declared to be a civil contract which may be entered into between a male and a female in accordance with law.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.


See also[edit]

In general
In the United States

References[edit]

  1. ^ a b "Legal Marriage Court Cases — A Timeline". Retrieved 2007-01-22. 
  2. ^ "Marriage-protection plan OK'd by Arizona court". WorldNetDaily.com. 2006-09-05. Retrieved 2007-01-22. 
  3. ^ McCombs, Brady (2006-11-08). "Ban on gay marriage trails, but some mail votes aren't in". Arizona Daily Star. Retrieved 2007-01-22. 
  4. ^ "Religious Right In America Suffer Ballot Defeats". National Secular Society. Retrieved 2007-01-22. 
  5. ^ http://www.ajc.com/opinion/content/opinion/stories/2006/11/13/1113middle.html.  Missing or empty |title= (help)[dead link]
  6. ^ Foust, Michael (2006-11-09). "What happened? Marriage amendment in Arizona likely headed to surprising loss". Baptist Press. Retrieved 2007-01-22. 
  7. ^ "Topic Galleries". chicagotribune.com. 2004-11-24. Retrieved 2013-12-02. 
  8. ^ "news.yahoo.com, California's top court legalizes gay marriage". [dead link]
  9. ^ Marshall, Carolyn (May 29, 2008). "California Sets June Date for Same-Sex Marriage Licenses". The New York Times. Retrieved May 23, 2010. 
  10. ^ "L.A. Now". Los Angeles Times. 
  11. ^ "Justices to Hear Two Challenges on Gay Marriage". New York Times. December 7, 2012. Retrieved December 8, 2012. (archived at http://www.webcitation.org/6ClunjOCb)
  12. ^ Pioneer couple 1st to wed at S.F. City Hall San Francisco Chronicle. June 29, 2013.
  13. ^ "Ritter signs bill that will help gay couples". The Denver Post. Associated Press. 2009-04-09. Retrieved 2009-04-10. 
  14. ^ Herel, Suzanne (2004-02-14). "San Francisco not the first to marry couples of the same gender". San Francisco Chronicle. Retrieved 2007-01-22. 
  15. ^ "thebacklot.com - Corner of Hollywood and Gay". 365gay.com. Retrieved 2013-12-02. 
  16. ^ "Gov. Rell Signs Gay Marriage Bill". The Hartford Courant. 2009-04-23. Retrieved 2009-04-23. 
  17. ^ Perdue v. O'Kelley, 280 Ga. 732 (2006)
  18. ^ "Baehr v. Miike" (GIF). Retrieved 2007-01-22. 
  19. ^ Johnson, Chris (2010-07-07). "Hawaii governor Vetoes Civil Unions Bill". Washingtonblade.com. Retrieved 2013-12-02. 
  20. ^ "Senate Bill 232". Hawaii State Legislature. 2011. Retrieved 2012-10-15. 
  21. ^ Reyes, B.J. (February 24, 2011). "'Today is an amazing day'". Honolulu Star-Advertiser. Retrieved 2012-10-15. 
  22. ^ "Hawaii becomes 15th state to legalize same-sex marriage". CBS News. 2013. Retrieved 2013-11-13. 
  23. ^ Garcia, Monique (November 20, 2013). "Quinn signs Illinois gay marriage bill". Chicago Tribune. Retrieved November 20, 2013. 
  24. ^ Henderson, Kay (2007-08-31). "Ruling briefly allows gay marriage in Iowa". Reuters. Retrieved 2009-04-03. 
  25. ^ "Iowa Supreme Court upholds Hanson's ruling; marriage no longer limited to one man, one woman". Des Moines Register. 2009-04-03. Retrieved 2009-04-03. 
  26. ^ Schulte, Grant (2009-04-07). "Gay marriage date set: April 27". Des Moines Register. Retrieved 2009-04-08. [dead link]
  27. ^ http://www.chicagotribune.com/news/nationworld/chi-gaymarriage_websep01,1,4408589.story Pearson, Rick. Chicago Tribune. "First Iowa gay marriage shows 'love and justice'" August 31, 2007{{format=[dead link]}}
  28. ^ Marjorie JONES et al., Appellants, v. James HALLAHAN, Clerk of the Jefferson County Court, Appellee (PDF) (501 S.W.2d 588). Court of Appeals of Kentucky. November 9, 1973. 
  29. ^ "Digital copy of Kentucky Equality Federation v. Commonwealth of Kentucky". Kentucky Equality Federation. 2013-09-12. Retrieved 2013-12-21. 
  30. ^ a b Brammer, Jack. "Group files lawsuit challenging Kentucky's ban on same-sex marriage". Lexington Herald-Leader. Retrieved 2013-12-23. 
  31. ^ Hohenwarter, Emily (2004-10-01). "Louisiana marriage amendment passes with 78 percent". Tulane Hullabaloo. Retrieved 2009-07-13. [dead link]
  32. ^ "Louisiana high court reinstates anti-gay marriage amendment". courttv.com. Associated Press. 2005-01-19. Retrieved 2007-01-21. 
  33. ^ "Louisiana court reinstates ban on gay marriage". USA Today. Associated Press. January 19, 2005. 
  34. ^ "Gay La. couple sues over marriage license denial". nola.com. Associated Press. 2009-04-21. Retrieved 2009-05-03. 
  35. ^ "An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom". Maine Legislature. Retrieved 2009-05-12. 
  36. ^ "Governor Signs LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom". Maine.gov. 2009-05-06. Retrieved 2013-12-02. 
  37. ^ Russel, Jenna (2009-05-06). "Gay marriage law signed in Maine, advances in N.H". Boston.com. Retrieved 2009-05-06. 
  38. ^ "Foes file papers to launch people's veto". [dead link]
  39. ^ "Baldacci signs same-sex marriage into law". Pressherald.mainetoday.com. 2010-03-11. Retrieved 2013-12-02. 
  40. ^ Sharon, Susan. "Gay Marriage Opponents File for People's Veto". Maine Public Broadcasting Network. 
  41. ^ "Maine Rejects Same-Sex Marriage Law". cnn.com. 2009-11-04. Retrieved 2009-11-04. 
  42. ^ "Gay marriage supporters aiming for 2012 referendum". Pressherald.com. 2011-06-30. Retrieved 2013-12-02. 
  43. ^ "Same-sex marriage supporters in Maine seek new referendum". Articles.boston.com. 2011-07-01. Retrieved 2013-12-02. 
  44. ^ 12:46 p.m. (2011-08-17). "Signature-gathering campaign to begin on Maine same-sex marriage initiative". Bangordailynews.com. Retrieved 2013-12-02. 
  45. ^ Steve Mistler (January 26, 2012). "It's on: Same-sex marriage supporters give it another try". Lewiston Sun Journal. 
  46. ^ "Maine poised for 2nd public vote on gay marriage". [dead link]
  47. ^ Judy Harrison (Feb 23, 2012). "Secretary of state says same-sex marriage will be on the ballot". Bangor Daily News. 
  48. ^ http://www.MainersUnited.org
  49. ^ "New group forms to oppose gay marriage | The Portland Press Herald / Maine Sunday Telegram". Pressherald.com. 2012-05-01. Retrieved 2013-12-02. 
  50. ^ Canfield, Clarke (2012-11-07). "Mainers approve gay marriage in historic vote". Boston.com. Retrieved 2013-12-02. 
  51. ^ Massachusetts Legislature: Marriage, accessed July 11, 2013
  52. ^ Levenson, Michael (August 1, 2008). "Same-sex couples applaud repeal". Boston Globe. Retrieved July 6, 2013. 
  53. ^ Finucane, Martin (July 26, 2012). "Massachusetts high court says it recognizes Vermont civil unions as marriages". Boston Globe. Retrieved July 8, 2013. 
  54. ^ "SJC: Massachusetts Recognizes California Registered Domestic Partnerships". GLAD. Retrieved October 3, 2012. 
  55. ^ "Judge strikes down Michigan ban on gay marriage as unconstitutional". Detroit Free Press. March 21, 2014. Retrieved 21 March 2014. 
  56. ^ "Michigan Legislature - Section 551.1". Legislature.mi.gov. Retrieved 2013-12-02. 
  57. ^ "Michigan Legislature - Section 551.271". Legislature.mi.gov. Retrieved 2013-12-02. 
  58. ^ "Michigan Legislature - Section 551.272". Legislature.mi.gov. 1996-06-26. Retrieved 2013-12-02. 
  59. ^ "In historic vote, Minnesota Senate approves same-sex marriage". Star Tribune. May 13, 2013. 
  60. ^ Mulvihill, Geoff (2013-10-10). "NJ Judge Refuses to Delay Start of Gay Marriage". ABC News. Retrieved 2013-10-10. 
  61. ^ Bratu, Becky (2013-10-21). "Chris Christie drops challenge to same-sex marriage in New Jersey". NBC News. Retrieved 2013-10-21. 
  62. ^ Montoya Brown, Susan (February 20, 2004). "Same-Sex Couples Line Up in Sandoval County To Get Married". Albuquerque (NM) Journal. Associated Press. Retrieved October 11, 2008. 
  63. ^ Sharpe, Tom (August 9, 2010). "Judge: No easy way out for same-sex couple". Santa Fe New Mexican. Retrieved August 9, 2010. 
  64. ^ Massey, Barry (August 23, 2013). "NM Clerk Ordered to Give Gay Marriage Licenses". ABC News. Retrieved August 23, 2013. 
  65. ^ Associated Press (August 26, 2013). "Judge orders clerk in New Mexico’s largest county to issue gay marriage licenses". Associated Press. Retrieved August 27, 2013. 
  66. ^ Pollon, Zelie (December 19, 2013). "New Mexico Supreme Court rules to allow same-sex marriage". Reuters. Retrieved December 19, 2013. 
  67. ^ "Hernandez v Robles (2006 NY Slip Op 05239)". Courts.state.ny.us. Retrieved 2013-12-02. 
  68. ^ Hakim, Danny (October 7, 2006). "Spitzer Vows to Push for Gay Marriage". The New York Times. Retrieved May 23, 2010. 
  69. ^ "thebacklot.com - Corner of Hollywood and Gay". 365gay.com. Retrieved 2013-12-02. 
  70. ^ a b "Bills". Assembly.state.ny.us. Retrieved 2013-12-02. 
  71. ^ Confessore, Nicholas; Barbaro, Michael (June 24, 2011). "New York Allows Same-Sex Marriage, Becoming Largest State to Pass Law". The New York Times. Retrieved June 25, 2011. 
  72. ^ GayWired.com - Cherokee Court Gives Approval for Lesbian Marriage
  73. ^ Wade, Jarrel (October 23, 2013). "Gay couple gets marriage license from Oklahoma tribe". The Tulsa World. Retrieved October 23, 2013. 
  74. ^ Eckholm, Erik (January 14, 2014). "Oklahoma's Ban on Gay Marriage Is Unconstitutional, Judge Rules". The New York Times. Retrieved January 14, 2014. 
  75. ^ "Rhode Island passes Civil Unions". Chicagotribune.com. 2004-11-24. Retrieved 2013-12-02. 
  76. ^ Op. R.I. Att'y Gen. (February 20, 2007)
  77. ^ "Recognition of Out of State, Same-Sex Marriages" (PDF). Retrieved 2013-12-02. 
  78. ^ Edgar, Randal (May 2, 2013). "Chafee signs same-sex marriage bills, making Rhode Island the 10th state to legalize gay marriage". Providence Journal. Retrieved May 3, 2013. 
  79. ^ "4th Texas Court of Appeals ruling". Christielee.net. Retrieved 2013-12-02. 
  80. ^ Pesquera, Adolfo (September 7, 2000). Lesbian couple get license to wed Transsexual ruling clears the way. San Antonio Express-News
  81. ^ "Abbott declines transgender marriage question". www.statesman.com. Retrieved 2013-12-02. 
  82. ^ "S. 115". Vermont General Assembly. 2009-04-03. Retrieved 2009-04-05. 
  83. ^ "VT Governor Vetoes Gay Marriage Bill". Retrieved 2013-12-02. [dead link]
  84. ^ "Vt. legalizes same-sex marriage". The Burlington Free Press. 2009-04-07. Retrieved 2009-04-07. [dead link]
  85. ^ http://www.sbe.virginia.gov/cms/documents/2006_Constitutional_Amendments/2006ques_marriage_APPROVED.pdf.  Missing or empty |title= (help)[dead link]
  86. ^ "SB 884 Same sex marriages.". Code of Virginia Searchable Database. Virginia General Assembly. Retrieved February 16, 2013. 
  87. ^ "HB 751 Marriage; affirmation.". Code of Virginia Searchable Database. Virginia General Assembly. Retrieved February 16, 2013. 
  88. ^ Bostic/London, Schall/Townley vs The State of Virginia.
  89. ^ Alexander, Keith L.; Marimow, Ann E. (March 4, 2010). "D.C. begins licensing same-sex marriages". The Washington Post. Retrieved May 23, 2010. 

External links[edit]

State by state: