User:Mimich/Sandbox 1

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     Laws permitting civil unions or domestic partnerships
     Same sex marriage, civil unions, and domestic partnerships prohibited]]



 M?  Same sex marriage allowed soon ?
 U  Civil Union when same sex marriage not allowed
 P  Domestic partnership when same sex marriage not allowed
     No state law banning same sex marriage (however, judicial or executive rulings prevent same sex marriage)
     State law banning same sex marriage
     State law banning same sex marriage and civil unions
     Amendment bans same-sex marriage
     Amendment bans same-sex marriage and civil unions
     Bans gay marriage, civil unions, and any marriage-like contract between unmarried persons]]

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

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

Marriage is defined as the union of one man and one woman in at least 42 states.[1] Currently, 27 states have added defense of marriage amendments to their constitutions. There is one state that recognizes same-sex marriages, and a total of six (plus the District of Columbia) that recognize some form of same-sex civil unions or domestic partnerships. [2]

State-by-state listing[edit]

Below is the status of the law in each of the 50 states, plus the District of Columbia. AS OF 23 April 2007‎ !

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

Defined Result Civil Unions Domestic
Partnership
Constitution Statute Licenses Recogn. Def. Status Def. Status
Flag of Alabama.svg Alabama Yes Yes Banned Banned No None
Flag of Alaska.svg Alaska Yes Yes Banned No None No None Petitions are made to start a ban ballot on civil unions too.
Flag of Arizona.svg Arizona Rejected Yes Not legal Not legal No None No None Constitutional amendment narrowly rejected by voters
Flag of Arkansas.svg Arkansas Yes Yes Banned Banned No None
Flag of California.svg California No Yes (°) Not legal* Not legal No None

but
sort of

No Legal Main article:
Same-sex marriage in California*

° Attempts to pass marriage is vetoed by Governor Arnold Schwarzenegger. ° A Supreme Court decision is expected. ° Petitions are made to start a ban ballot.

Originally granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over a three-year period. Taking effect on January 1, 2005, A.B. 205 extended to domestic partnerships virtually all the legal rights and responsibilities of marriage in California. Thus, domestic partnership in California has been effectively transformed into a civil union status.

Flag of Colorado.svg Colorado Yes Yes Banned No None NO! Rejected On November 2006 ballot, Colorado banned marriage but rejected a referendum to allow a "civil union"-like domestic partnership, sustained by a constitutionnal amendment. See also this table
Flag of Connecticut.svg Connecticut No Yes Not legal
but bill
proposed
*
Not legal No Legal  ? ? Main article:
Same-sex marriage in Connecticut*

Does not award marriage licenses to same-sex couples but the civil unions confer "all of the state-level spousal rights and responsibilities."[2]
A proposition occured beginning 2007 to allow the marriage.

Flag of Delaware.svg Delaware No Yes Not legal Not legal No None No None
Flag of Washington, D.C..svg District of
Columbia
No No Not legal Not legal No None No Legal* Main article: Domestic partnership in District of Columbia*

Enacted 1992; implemented 2002; expanded 2006

State Marriage Same-sex unions Notes

Defined Result Civil Unions Domestic
Partnership
Constitution Statute Licenses Recogn. Def. Status Def. Status
Flag of Florida.svg Florida No Yes Not legal Not legal No None No None Petitions are made to start a ban ballot.
Flag of Georgia (U.S. state).svg Georgia Yes Yes Banned Banned No None
Flag of Hawaii.svg Hawaii Yes Yes Ban
permitted
Not legal.
Not legal No None
(proposed)
No Legal* Minimal benefits, available to all adults, including relatives; official terminology is reciprocal beneficiary relationship*.[2]

Bill proposed to afford civil unions but killed in Judiciary Committee.

Flag of Idaho.svg Idaho Yes Yes Banned No None No None
Flag of Illinois.svg Illinois No Yes Not legal Not legal No None but proposed No None Petitions are made to start a ban ballot. Marriage or civil union proposition, heading rather to civil unions.
Flag of Indiana.svg Indiana No Yes Not legal Not legal No None No None Legislative initiative to start a ban ballot.
Flag of Iowa.svg Iowa No Yes Not legal Not legal No None No None Idem (see above link).
Flag of Kansas.svg Kansas Yes Yes Banned Banned No None
Flag of Kentucky.svg Kentucky Yes Yes Banned Banned No None
Flag of Louisiana.svg Louisiana Yes Yes Banned Banned No None
Flag of Maine.svg Maine No Yes Not legal Not legal No None No Legal* Main article:
Domestic partnership in Maine*

The Maine Domestic Partnership act came into effect on July 30, 2004.[1]

Flag of Maryland.svg Maryland No Yes Not legal* Not legal No None No None Main article:
Same-sex marriage in Maryland*

"The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973."[1]

Flag of Massachusetts.svg Massachusetts No No Legal* by
Supreme
Court
decision
Yes. No None No None Main article:
Same-sex marriage in Massachusetts*
State Marriage Same-sex unions Notes

Defined Result Civil Unions Domestic
Partnership
Constitution Statute Licenses Recogn. Def. Status Def. Status
Flag of Michigan.svg Michigan Yes Yes Banned Banned No None
Flag of Minnesota.svg Minnesota No Yes Not legal Not legal No None No None Legislative initiative and petitions are made to start a ban ballot.
Flag of Mississippi.svg Mississippi Yes Yes Banned No None No None
Flag of Missouri.svg Missouri Yes Yes Banned No None No None
Flag of Montana.svg Montana Yes Yes Banned No None No None
Flag of Nebraska.svg Nebraska Yes Yes Banned Banned Banned EVERYTHING IS BANNED !
Flag of Nevada.svg Nevada Yes Yes Banned No None No None
Flag of New Hampshire.svg New Hampshire No Yes Not legal Not legal No None
but
proposed
No None State law pre-dates DOMA.[1]
Proposals to introduce civil unions passed the House and OK for governor.
Flag of New Jersey.svg New Jersey Proposal
rejected
No* None As civil
unions
No Legal No No more
but
present
valid
ones
allowed.
Main article:
Same-sex marriage in New Jersey*

The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court, in Lewis v. Harris, required the New Jersey Legislature to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples.[3] A bill now allows civil unions that will supersede domestic partnerships. These are no more applied but may remain for the present ones.

Flag of New Mexico.svg New Mexico No No None None No None No None Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral).
Flag of New York.svg New York No No Not
allowed
by
court
*
None No None No None Main article:
Same-sex marriage in New York*
State Marriage Same-sex unions Notes

Defined Result Civil Unions Domestic
Partnership
Constitution Statute Licenses Recogn. Def. Status Def. Status
Flag of North Carolina.svg North Carolina No Yes Not legal Not legal No None No None Legislative initiative to start a ban ballot.
Flag of North Dakota.svg North Dakota Yes Yes Banned Banned No None
Flag of Ohio.svg Ohio Yes Yes Banned Banned No None
Flag of Oklahoma.svg Oklahoma Yes Yes Banned Banned No None
Flag of Oregon.svg Oregon Yes No Banned* No None
but
proposed
No None Main article:
Same-sex marriage in Oregon*

Bill proposed to afford "civil union"-like legal package.

Flag of Pennsylvania.svg Pennsylvania No Yes Not legal Not legal No None No None Petitions are made to start a ban ballot.
Flag of Rhode Island.svg Rhode Island No No None Yes No None No None Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). Does not award marriage licenses, but does extend limited rights to same-sex couples.[2]. Now this is the basis on which RI will recognize the same-sex couples married in Massachussetts according to the Attorney General.
Flag of South Carolina.svg South Carolina Yes Yes Banned Banned Yes OK for
them
Flag of South Dakota.svg South Dakota Yes Yes Banned Banned Banned EVERYTHING IS BANNED !
Flag of Tennessee.svg Tennessee Yes Yes Banned No None No None
Flag of Texas.svg Texas Yes Yes Banned Banned No None
Flag of Utah.svg Utah Yes Yes Banned Banned No None
Flag of Vermont.svg Vermont No Yes Not legal
but
proposed
Not legal No Legal No None Vermont civil unions provide same-sex couples access to state-level marriage benefits.[1] Parties to a civil union are entitled to all of the state-level spousal rights and responsibilities and only for couples who live in the state of Vermont.[2]

A proposition is made to legalize marriage.

Flag of Virginia.svg Virginia Yes Yes Banned Banned Banned EVERYTHING IS BANNED !
Flag of Washington.svg Washington No Yes Not legal
*
Not legal No None No Legal Main article:
Same-sex marriage in Washington *
Flag of West Virginia.svg West Virginia No Yes Not legal Not legal No None No None Petitions are made to start a ban ballot.
Flag of Wisconsin.svg Wisconsin Yes Yes Banned Banned No None
Flag of Wyoming.svg Wyoming No Yes Not legal Not legal No None No None State law pre-dates DOMA.[1]
State Marriage Same-sex unions Notes

Defined Result Civil Unions Domestic
Partnership
Constitution Statute Licenses Recogn. Def. Status Def. Status

See also[edit]

In General[edit]

In USA[edit]

References[edit]

  1. ^ a b c d e f Stateline.org 50-state rundown on gay marriage laws Accessed November 14, 2006
  2. ^ a b c d e Human Rights Campaign State by State Information Accessed November 14, 2006
  3. ^ http://www.judiciary.state.nj.us/opinions/supreme/a-68-05.pdf

For the checking purpose proposed above the table,
type : Category:Marriage, unions and partnerships by country
instead of
Same-sex_marriage_legislation_in_the_United_States_by_state
(this sentence avoids this sandbox to be in the category page - in the real page the category link will be done correctly)


Timetable of same-sex marriage enforcements[edit]

Same-sex marriage has been legally in force since:


Date Country Name Juridiction Name Nation Juridiction
April 1 2001 Netherlands Nationwide 1st 1st
June 1 2003 Belgium Nationwide 2nd 2nd
June 10 , 2003 Canada province of Ontario 3rd
July 8, 2003 Canada province of British Columbia 4th
March 19, 2004 Canada province of Quebec 5th
May 17, 2004 USA Commonwealth of Massachusetts 6th
July 14, 2004 Canada Yukon territory 7th
September 16, 2004 Canada province of Manitoba 8th
September 24, 2004 Canada province of Nova Scotia 9th
November 5, 2004 Canada province of Saskatchewan 10th
December 21, 2004 Canada province of Newfoundland and Labrador 11th
June 23 , 2005 Canada province of New Brunswick 12th
July 3, 2005 Spain Nationwide 3rd 13 th
July 20, 2005 Canada Nationwide 4th 14th
July 20, 2005 Canada province of Alberta 14th
July 20, 2005 Canada province of Prince Edward Island 14th
July 20, 2005 Canada Nunavut territory 14th
July 20, 2005 Canada Northwest Territories 14th
December 1, 2006 South Africa Nationwide 5th 18th


Timetable of same-sex unions enforcements[edit]


Date Country Name Juridiction
Name
Legislation Name Nation Juridiction
October 1, 1989 Denmark Nationwide Registreret partnerskab (registered partnership)
August 1, 1993 Norway Nationwide Registrert partnerskap (registered partnership)
(1994) Israel 1 Nationwide
January 1, 1995 Sweden (June 23, 1994) Nationwide Registrerat partnerskap (registered partnership)
(1996) Denmark Greenland Registreret partnerskab (registered partnership)
(1996) Hungary 1 Nationwide
(1996) Iceland Nationwide Staðfesta samvist (confirmed cohabitation)
(1999) France Nationwide Pacte civil de solidarité (civil solidarity pact)
(2001) Germany Nationwide Eingetragene Lebenspartnerschaft
(registered life partnership)
(2001) Portugal Nationwide União de facto (De facto union)
(2002) Finland Nationwide Rekisteröity parisuhde (registered partnership)
(2003) Croatia 1 Nationwide
(2003) Austria 1 Nationwide
(2004) Luxembourg Nationwide Partenariat enregistré/eingetragene partnerschaft
(registered partnership)
(2005) New Zealand Nationwide Civil union
(2005) United Kingdom Nationwide Civil partnership
(2005) Andorra Nationwide Unio estable de parella (stable union of pairs)
July 1, 2006 Czech Republic Nationwide Registrované partnerství (registered partnership)
July 23, 2006 Slovenia (July 2005) Nationwide Registrirana istospolna partnerska skupnost
(2007) Switzerland Nationwide Partenariat enregistré/Eingetragene Partnerschaft
(registered partnership)


RHODE ISLAND LEGISLATURE[edit]

House Bill No.5356 {LC775/1} by Crowley (D), Coderre E (D), Shanley (D), Lally (D), Jackson (D) = C.U. Anti-M
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS -- CIVIL UNIONS
(create a law to authorize civil unions including the requirements, procedures and dissolution thereof) Marriage = man + woman !!
February 07 2007 Introduced, referred to House Judiciary

House Bill No.5643 {LC1995/1} by McManus (R), Ajello (D), Story (R) = C.U. paraM
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS
(provide for civil unions in Rhode Island)
February 28 2007 Introduced, referred to House Judiciary

House Bill No.6081 {LC709/1} by Handy (D), Fox (D), Ajello (D), Gemma (D), Almeida (D) = Pro-M
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY
(broaden the definition of persons eligible to marry to include persons of the same gender/also provide that members of the clergy would not be required to officiate at any particular marriage)
March 01 2007 Introduced, referred to House Judiciary

House Bill No.6159 {LC2610/1} by San Bento (D), Corvese (D), Palumbo (D), Brien (D), Melo (D) = Anti-M
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY
March 14 2007 Introduced, referred to House Judiciary

District Representative Party Residence C.U. Anti-M
Feb.7
C.U. paraM
Feb.28
Pro-M
Mar.1
Anti-M
Mar.14
33 Donald J. Lally, Jr. D Narragansett X
35 John P. Shanley, Jr. D South Kingstown X
60 Elaine A. Coderre D Pawtucket X
73 J. Russell Jackson D Newport X
75 Paul W. Crowley D Newport X
46 William J. McManus R Lincoln X
66 Susan Story R Barrington X
3 Edith H. Ajello D Providence X X
4 Majority Leader Gordon D. Fox D Providence X
12 Joseph S. Almeida D Providence X
18 Arthur Handy D Cranston X
20 Al Gemma D Warwick X
16 Peter G. Palumbo D Cranston X
50 Todd R. Brien D Woonsocket X
55 Arthur J. Corvese D North Providence X
58 William San Bento, Jr. D Pawtucket X
64 Helio Melo D East Providence X