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Same-sex marriage legislation in the United States

 

Same-sex marriage legislation in the United States

Legal status of
same-sex relationships
Marriage
Recognized
Previously performed and not invalidated
  1. Can be registered also in Aruba, Curaçao and Sint Maarten
  2. Licensed in some counties in Kansas but same-sex marriage is not recognized by the state
  3. Currently legal in St. Louis, Missouri
  4. When performed in Mexican states that have legalized same-sex marriage

*Not yet in effect

LGBT portal

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

Contents

  • Federal level 1
  • State level 2
    • Efforts to enable same-sex unions 2.1
    • Efforts to enable repeal amendment 2.2
    • Efforts to prohibit same-sex unions 2.3
    • Attempts to establish same-sex unions via initiative or statewide referendum 2.4
    • Efforts to enable ban amendment 2.5
    • Efforts to ban same-sex unions by constitutional amendment 2.6
    • Recent, pending, or proposed attempts to constitutionally block same-sex unions 2.7
    • Efforts to ban same-sex unions by statute 2.8
    • Lawsuits seeking to overturn statutory bans 2.9
  • See also 3
  • References 4

Federal level

In 1996, the United States Congress passed and President Bill Clinton signed Public Law 104-199, the Defense of Marriage Act (DOMA). Section 3 of DOMA defines "marriage" and "spouse" for purposes of both federal law and any ruling, regulation, or interpretation by an administrative bureau or agency of the United States government.[1] The impact of Section 2 of DOMA, which relieves jurisdictions within the United States of any obligation to recognize same-sex relationships legally established in any other jurisdiction, is less clear.[2]

On March 16, 2011, companion bills were introduced by House and Senate Democrats to repeal DOMA. The bills were named the Respect for Marriage Act (RFMA).[3]

In United States v. Windsor, the Supreme Court was asked to determine the constitutionality of Section 3 of DOMA, which defines marriage for federal purposes as the union of a man and a woman.[4] On June 26, 2013, the Supreme Court ruled by a 5-4 vote that the Section 3 of DOMA is unconstitutional.[5]

The State Marriage Defense Act, introduced in the House of Representatives on January 9, 2014, would require the federal government to recognize the validity of a marriage based on a person's legal residence (place of domicile), rather than on the validity of the marriage when and where it was solemnized (place of celebration). The Obama administration has generally used the latter standard. Its sponsors described it as a way to clarify the federal government's response to Windsor and restore the ability of the a state to control the definition of marriage within its borders.[6][7]

State level

Efforts to enable same-sex unions

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

State Date Type of same-sex union Upper House Lower house Governor Final
outcome
Yes No Yes No
District of Columbia June 1992 Domestic partnership[8] Passed Signed Yes Yes
California September 1994 Domestic partnership[9][10] 21 17 41 26 Vetoed No No
Hawaii March 1996 Domestic partnership[11] 14 11 Failed n/a No No
Hawaii June 1997 Reciprocal beneficiary relationship[12] 24 7 43 27 Signed Yes Yes
California September 1998 Domestic partnership[13] 21 17 41 36 Vetoed No No
California October 1999 Domestic partnership[14] 23 13 41 38 Vetoed No No
California October 1999 Domestic partnership[15] 22 14 41 36 Signed Yes Yes
Vermont April 2000 Civil union[16] 19 11 79 68 Signed Yes Yes
California August 2001 Domestic partnership (expansion)[17] 22 12 41 27 Signed Yes Yes
California October 2001 Domestic partnership (expansion)[18] 23 11 41 32 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[19] 26 11 41 31 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[20] 23 13 43 27 Signed Yes Yes
California September 2003 Domestic partnership (expansion)[21] 23 14 41 33 Signed Yes Yes
New Jersey January 2004 Domestic partnership[22] 23 9 41 28 Signed Yes Yes
Maine April 2004 Domestic partnership[23] 18 14 84 58 Signed Yes Yes
California September 2004 Domestic partnership (expansion)[24] 23 12 46 29 Signed Yes Yes
Connecticut April 2005 Civil union[25] 27 9 85 63 Signed Yes Yes
Maryland May 2005 Domestic partnership[26] 31 16 83 50 Vetoed No No
California June 2005 Marriage[27] n/a n/a Failed n/a No No
California September 2005 Marriage[28] 21 15 41 35 Vetoed No No
California September 2005 Domestic partnership (expansion)[29] 23 15 47 28 Signed Yes Yes
California September 2005 Domestic partnership (expansion)[30] 21 14 47 32 Signed Yes Yes
California September 2006 Domestic partnership (expansion)[31] 24 15 46 29 Signed Yes Yes
California September 2006 Domestic partnership (expansion)[32] 23 15 47 31 Signed Yes Yes
New Jersey December 2006 Civil union[33] 23 12 56 19 Signed Yes Yes
New Hampshire April 2007 Civil union[34] n/a n/a Failed n/a No No
Washington April 2007 Domestic partnership[35] 28 19 63 35 Signed Yes Yes
Oregon May 2007 Domestic partnership[36] 21 9 34 26 Signed Yes Yes
New Hampshire May 2007 Civil union[37] 14 10 243 129 Signed Yes Yes
New York June 2007 Marriage[38] n/a n/a 85 61 n/a No No
California September 2007 Marriage[39] 22 15 42 34 Vetoed No No
California October 2007 Domestic partnership (expansion)[40] Passed Passed Signed Yes Yes
New Hampshire January 2008 Contractual cohabitation[41] Failed n/a n/a n/a No No
New Mexico February 2008 Domestic partnership[42] n/a n/a 33 31 n/a No No
Washington March 2008 Domestic partnership (expansion)[43] 29 20 62 32 Signed Yes Yes
Maryland May 2008 Domestic partnership[44] 30 17 88 46 Signed Yes Yes
District of Columbia May 2008 Domestic partnership (expansion)[45] Passed Signed Yes Yes
New Mexico February 2009 Domestic partnership[46] 17 25 n/a n/a n/a No No
Vermont April 2009 Marriage[47] 23 5 100 49 Vetoed1 Yes Yes
Colorado April 2009 Designated beneficiary agreement[48] 23 10 41 24 Signed Yes Yes
Connecticut April 2009 Marriage (codification)[49] 28 7 100 44 Signed Yes Yes
Maine May 2009 Marriage[50] 21 14 89 58 Signed No No2
District of Columbia May 2009 Marriage (recognition only)[51] Passed Signed Yes Yes
Washington May 2009 Domestic partnership (expansion)[52] 30 18 62 35 Signed Yes Yes3
Nevada May 2009 Domestic partnership[53] 14 7 28 14 Vetoed1 Yes Yes
New Hampshire June 2009 Marriage[54] 14 10 198 176 Signed Yes Yes
Oregon June 2009 Domestic partnership (expansion)[55] 27 0 41 8 Signed Yes Yes
Wisconsin June 2009 Domestic partnership[56] 17 16 50 48 Signed Yes Yes
California October 2009 Out-of-state pre-proposition 8 marriage recognition[57] 24 14 44 27 Signed Yes Yes
New York December 2009 Marriage[58] 24 38 89 52 n/a No No
District of Columbia December 2009 Marriage[59] n/a 11 2 Signed Yes Yes
Rhode Island January 2010 Domestic partnership (only 1 entitlement)[60] 31 3 67 3 Vetoed1 Yes Yes
New Jersey January 2010 Marriage[61] 14 20 n/a n/a n/a No No
Minnesota May 2010 Domestic partnership (only 1 entitlement)[62] 41 24 78 55 Vetoed No No
Hawaii July 2010 Civil union[63] 18 7 31 20 Vetoed No No
New York July 2010 Domestic partnership (only 1 entitlement)[64] 50 11 127 26 Signed Yes Yes
California September 2010 Domestic partnership (expansion)[65] 23 12 53 24 Signed Yes Yes
Illinois January 2011 Civil union[66][67][68] 32 24 61 52 Signed Yes Yes
Hawaii February 2011 Civil union[69] 18 5 31 19 Signed Yes Yes
New Hampshire March 2011 Domestic union[70] n/a n/a Failed n/a No No
Maryland March 2011 Marriage[71][72] 25 21 n/a n/a n/a No No
Colorado March 2011 Civil union[73][74] 23 12 n/a n/a n/a No No
Washington April 2011 Recognition of out-of-state union as domestic partnership[75] 28 19 58 39 Signed Yes Yes
Delaware May 2011 Civil union[76] 13 6 26 15 Signed Yes Yes
New York June 2011 Marriage[77] 33 29 80 63 Signed Yes Yes
Rhode Island July 2011 Civil union[78] 21 16 62 11 Signed Yes Yes
California September 2011 Domestic partnership (expansion)[79] 22 13 52 25 Signed Yes Yes
California October 2011 Domestic partnership (expansion)[80] 25 15 Passed Signed Yes Yes
California October 2011 Domestic partnership (expansion)[81] 24 13 Passed Signed Yes Yes
Washington February 2012 Marriage[82] 28 21 55 43 Signed Yes Yes3
New Jersey February 2012 Marriage[83] 24 16 42 33 Vetoed No No
Maryland March 2012 Marriage[84] 25 22 72 67 Signed Yes Yes3
Colorado May 2012 Civil union[85] 23 12 n/a n/a n/a No No
Wyoming January 2013 Domestic partnership[86] n/a n/a 24 35 n/a No No
Colorado March 2013 Civil union[87] 21 14 39 26 Signed Yes Yes
Rhode Island May 2013 Marriage[88][89] 26 12 56 15 Signed Yes Yes
Delaware May 2013 Marriage[90] 12 9 23 18 Signed Yes Yes
Minnesota May 2013 Marriage[91] 37 30 75 59 Signed Yes Yes
Hawaii November 2013 Marriage[92] 19 4 30 19 Signed Yes Yes
Illinois November 2013 Marriage[93][94] 32 21 61 54 Signed Yes Yes
Wyoming February 2014 Marriage[95] n/a n/a 17 41 n/a No No
California July 2014 Marriage (codification)[96][97][98] 25 10 51 11 Signed Yes Yes

Notes:

Efforts to enable repeal amendment

Efforts to prohibit same-sex unions

Votes by state legislatures to prohibit recognition of various types of same-sex unions, sorted by date:
State Date Type of same-sex union Upper House Lower house Governor Final
outcome
Yes No Yes No
Maryland May 1973 Marriage[99] Passed Passed Signed Yes Yes
Arizona 1975 Marriage[100] Passed Passed Signed Yes Yes
Oklahoma 1975 Marriage[101] Passed Passed Signed Yes Yes
Virginia August 1975 Marriage[102] Passed Passed Signed Yes Yes
Illinois 1977 Marriage[103] Passed Passed Signed Yes Yes
Utah 1977 Marriage[104] Passed Passed Signed Yes Yes
Florida June 1977 Marriage[105][106][107] 37 0 101 11 Signed Yes Yes
California August 1977 Marriage[108] 23 5 68 2 Signed Yes Yes
Wyoming October 1977 Marriage[109] Passed Passed Signed Yes Yes
Wisconsin 1979 Marriage[110] Passed Passed Signed Yes Yes
New Hampshire 1987 Marriage[111] Passed Passed Signed Yes Yes
New Hampshire March 1994 Recognition of out-of-state marriage[112] 11 12 n/a n/a n/a No No
Hawaii June 1994 Marriage[113] Passed Passed Signed Yes Yes
Utah March 1995 Marriage[114] Passed Passed Signed Yes Yes
Arizona 1996 Marriage[115] Passed Passed Signed Yes Yes
Georgia 1996 Marriage[115] Passed Passed Signed Yes Yes
Oklahoma 1996 Marriage[115] Passed Passed Signed Yes Yes
South Dakota 1996 Marriage[115] Passed Passed Signed Yes Yes
Tennessee 1996 Marriage[115] Passed Passed Signed Yes Yes
Idaho March 1996 Recognition of out-of-state marriage[116] 28 4 59 6 Signed Yes Yes
Colorado March 1996 Marriage[117] Passed Passed Vetoed No No
Kansas April 1996 Marriage[118] 39 1 Passed Signed Yes Yes
Alaska May 1996 Marriage[119] Passed Passed Not Signed Yes Yes
Illinois May 1996 Marriage[120][121] 42 9 87 13 Signed Yes Yes
South Carolina May 1996 Marriage[122][123] Passed 82 0 Signed Yes Yes
Michigan June 1996 Marriage[124][125] 31 2 88 14 Signed Yes Yes
Michigan June 1996 Recognition of out-of-state marriage[124][125] Passed 74 28 Signed Yes Yes
Delaware June 1996 Marriage[126] Passed Passed Signed Yes Yes
North Carolina June 1996 Recognition of out-of-state marriage[127][128] 41 4 98 10 Signed Yes Yes
Missouri July 1996 Marriage[129] 29 2 131 10 Signed Yes Yes
California August 1996 Marriage[130] 20 21 Passed n/a No No
Pennsylvania October 1996 Marriage[131][132] 43 5 189 13 Signed Yes Yes
Alaska 1997 Civil union[115] Passed Passed Signed Yes Yes
Arkansas 1997 Marriage[115] Passed Passed Signed Yes Yes
Indiana 1997 Marriage[133] Passed Passed Signed Yes Yes
Montana 1997 Marriage and civil union[115] Passed Passed Signed Yes Yes
North Dakota 1997 Marriage[115] Passed Passed Signed Yes Yes
Texas 1997 Marriage[134] Passed Passed Signed Yes Yes
Virginia 1997 Recognition of out-of-state marriage[115] Passed Passed Signed Yes Yes
Mississippi February 1997 Marriage[134] Passed Passed Signed Yes Yes
Washington February 1997 Marriage[135] 33 15 63 35 Vetoed No No
Maine March 1997 Marriage[136] 24 10 106 39 Not Signed Yes Yes
Florida May 1997 Recognition of out-of-state marriage and civil union[115][137] 33 5 97 19 Not Signed Yes Yes
Colorado June 1997 Marriage[138] Passed Passed Vetoed No No
Hawaii 1998 Marriage[115] Passed Passed Signed Yes Yes
Washington February 1998 Marriage[139][140] 34 11 65 28 Vetoed 1 Yes Yes
Alabama May 1998 Marriage[141] 30 0 79 12 Signed Yes Yes
Puerto Rico March 1999 Marriage[142] Passed Passed Signed Yes Yes
Louisiana July 1999 Marriage and recognition of out-of-state marriage[143] 32 0 95 0 Signed Yes Yes
West Virginia March 2000 Marriage[144] Passed 96 3 Signed Yes Yes
New Hampshire March 2000 Recognition of out-of-state marriage[145] n/a n/a 128 232 n/a No No
Colorado May 2000 Marriage[146] Passed 37 28 Signed Yes Yes
New Hampshire March 2001 Recognition of out-of-state civil union[147] n/a n/a 88 276 n/a No No
Missouri July 2001 Marriage[148] Passed Passed Signed Yes Yes
Texas May 2003 Recognition of out-of-state same-sex marriage and civil union[149] Passed Passed Signed Yes Yes
American Samoa March 2003 Marriage[150] Failed n/a n/a n/a No No
New Hampshire March 2003 Recognition of out-of-state civil union[151] n/a n/a Failed n/a No No
Wisconsin November 2003 Marriage[152][153] 22 10 68 29 Vetoed No No
Utah 2004 Civil union[115] Passed Passed Signed Yes Yes
Ohio February 2004 Marriage, recognition of out-of-state marriage, and civil union[115][154] 72 22 18 15 Signed Yes Yes
Virginia April 2004 Civil union[115][155] 27 12 69 30 Not Signed Yes Yes
New Hampshire May 2004 Recognition of out-of-state marriage[156] 16 7 215 137 Signed Yes Yes
Wyoming February 2007 Recognition of out-of-state marriage[157] 21 8 n/a n/a n/a No No
New Hampshire March 2008 Recognition of out-of-state union[158] n/a n/a Failed n/a No No
New Hampshire March 2009 Civil union[159] n/a n/a 136 205 n/a No No
New Hampshire February 2010 Marriage[160][161] n/a n/a 109 210 n/a No No
Wyoming March 2011 Recognition of out-of-state marriage[162] 14 16 31 28 n/a No No
New Hampshire March 2012 Marriage[163] n/a n/a 116 211 n/a No No
Wyoming February 2014 Recognition of out-of-state marriage[95] n/a n/a 29 31 n/a No No

Notes:

  • 1Veto overridden.

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

State Intended date Same-sex union Description Outcome
Maine November 2012 Marriage Initiative to establish same-sex marriage.[164] Yes Yes
Michigan November 2016 Marriage [165][166]
Arkansas November 2016 Marriage [167]
South Dakota TBD Marriage [168]

Efforts to enable ban amendment

State Date Type of same-sex union Upper House Lower house Final
outcome
Yes No Yes No
Hawaii 1998 Marriage ban permitted Passed Passed Placed on Ballot
November 1998 Referendum (69.18%) Yes Yes
Alaska 1998 Same-sex marriage 14 6 28 12 Placed on Ballot
November 1998 Referendum (68.1%) Yes Yes
Indiana February 2004 Same-sex marriage[169] 42 7 n/a n/a No No
Missouri 2004 Same-sex marriage Passed Passed Placed on Ballot
August 2004 Referendum (70.6%) Yes Yes
Louisiana May/June 2004 Same-sex marriage and civil unions 31 6 64 29 No No
87 11 Placed on Ballot
September 2004 Referendum (77.79%) Yes Yes
Mississippi 2004 Same-sex marriage Passed Passed Placed on Ballot
November 2004 Referendum (86.01%) Yes Yes
Georgia February/March 2004 Same-sex marriage and civil unions 40 14 117 50 No No
122 52 Placed on Ballot
November 2004 Referendum (76.2%) Yes Yes
Utah March 2004 Same-sex marriage and civil unions[170] 20 7 58 14 Placed on Ballot
November 2004 Referendum (65.86%) Yes Yes
Kentucky April 2004 Same-sex marriage and civil unions[171][172] 33 5 85 11 Placed on Ballot
November 2004 Referendum (74.55%) Yes Yes
Oklahoma April 2004 Same-sex marriage and civil unions 26 19 92 4 Placed on Ballot
November 2004 Referendum (75.58%) Yes Yes
Kansas January/February 2005 Same-sex marriage and civil unions 28 11 86 37 Placed on Ballot
April 2005 Referendum (69.94%) Yes Yes
Texas May 2005 Same-sex marriage and civil unions[173] 21 8 101 29 Placed on Ballot
November 2005 Referendum (76.25%) Yes Yes
Alabama March 2005 Same-sex marriage and civil unions 30 0 85 7 Placed on Ballot
June 2006 Referendum (81.2%) Yes Yes
South Carolina 2005 Same-sex marriage and civil unions Passed Passed Placed on Ballot
November 2006 Referendum (77.97%) Yes Yes
South Dakota February 2005 Same-sex marriage and civil unions 20 14 55 14 Placed on Ballot
November 2006 Referendum (51.83%) Yes Yes
Wisconsin March 2004 Same-sex marriage and civil unions 20 13 68 27 Advanced
February 2006 19 14 62 31 Placed on Ballot
November 2006 Referendum (59.4%) Yes Yes
Tennessee May 2004 Same-sex marriage 28 1 85 5 Advanced
March 2005 29 3 88 7 Placed on Ballot
November 2006 Referendum (81.25%) Yes Yes
Idaho February 2006 Same-sex marriage and civil unions[174] 26 9 53 17 Placed on Ballot
November 2006 Referendum (63.4%) Yes Yes
Virginia March 2006 All types of same-sex unions[175] 28 11 85 12 Placed on Ballot
November 2006 Referendum (57.06%) Yes Yes
Pennsylvania June 2006 Same-sex marriage[176] 38 12 136 61 Advanced
2007/2008 n/a n/a n/a n/a No No
Arizona May/June 2008 Same-sex marriage 14 11 35 25 No No
16 4 Placed on Ballot
November 2008 Referendum (56.2%) Yes Yes
Wyoming February 2009 Same-sex marriage[177] n/a n/a 25 35 No No
West Virginia March 2009 Same-sex marriage[178] n/a n/a 30 67 No No
Indiana January 2010 Same-sex marriage and civil unions[179] 38 10 n/a n/a No No
New Hampshire February 2010 Same-sex marriage[180] n/a n/a 135 201 No No
Wyoming January 2011 Same-sex marriage[181] 20 10 n/a n/a No No
Iowa February 2011 Same-sex marriage n/a n/a 62 37 No No
North Carolina September 2011 Same-sex marriage and civil unions[182] 30 16 75 42 Placed on Ballot
May 2012 Referendum (61.04%) Yes Yes
Minnesota May 2011 Same-sex marriage[183] 37 27 70 62 Placed on Ballot
November 2012 Referendum (47.44%) No No
Indiana March 2011 Same-sex marriage and civil unions[169] 40 10 70 26 No No, Bill was amended
Indiana February 2014 Same-sex marriage[184] 32 17 57 40 Advanced
2015 n/a n/a No No[185]

Efforts to ban same-sex unions by constitutional amendment

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

State Initiative Ban on Date Yes Yes vote No No vote Total votes Voter turnout Electorate Final
outcome
Votes Percentage Votes Percentage
Alabama Amendment 774 Marriage and
civil union
June 6, 2006 697,591 81.2% 161,694 18.8% 859,285 25.73% 3,338,467 Yes Yes
Alaska Ballot Measure 2 Marriage November 3, 1998 152,965 68.1% 71,631 31.9% 224,596 50.11% 453,332 No Yes but ruled unconstitutional.
Arizona Proposition 107 Marriage and
civil union
November 7, 2006 721,789 48.2% 775,498 51.8% 1,496,987 38.15% 3,923,786 No No
Arizona Proposition 102 Marriage November 4, 2008 1,258,355 56.2% 980,753 43.8% 2,239,078 55.33% 2,987,451 No Yes but ruled unconstitutional.
Arkansas Constitutional Amendment 3 Marriage and
civil union
November 2, 2004 753,770 74.95% 251,914 25.04% 1,005,684 51.07% 1,969,208 No Yes but ruled unconstitutional.10
California Proposition 8 Marriage November 4, 2008 7,001,084 52.24% 6,401,482 47.76% 13,743,177 61.73% 22,261,504 No Yes but ruled unconstitutional.1
Colorado Amendment 43 Marriage November 7, 2006 855,126 55.02% 699,030 44.98% 1,554,156 47.13% 3,297,308 No Yes but ruled unconstitutional.
Florida Amendment 2 Marriage and
civil union
November 4, 2008 4,890,883 61.92% 3,008,026 38.08% 8,456,329 66.65% 12,687,407 Yes Yes
Georgia Constitutional Amendment 1 Marriage and
civil union
November 2, 2004 2,454,930 76.2% 768,716 23.8% 3,223,646 54.84% 5,878,186 Yes Yes 2
Hawaii Constitutional Amendment 2 Marriage ban
permitted
November 3, 1998 285,384 69.18% 117,827 28.56% 403,211 Yes Yes 3
Idaho Amendment 2 Marriage and
civil union
November 7, 2006 282,386 63.4% 163,384 36.6% 445,770 49.04% 908,925 No Yes but ruled unconstitutional.
Kansas Proposed amendment 1 Marriage and
civil union
April 5, 2005 417,675 69.94% 179,432 30.06% 597,107 Yes Yes
Kentucky Constitutional Amendment 1 Marriage and
civil union
November 2, 2004 1,222,125 74.55% 417,097 25.45% 1,639,222 53.6% 3,057,741 Yes Yes
Louisiana Constitutional Amendment 1 Marriage and
civil union
September 18, 2004 619,908 77.79% 177,067 22.21% 796,975 25.04% 3,182,762 Yes Yes 4
Michigan State Proposal - 04-2 All types of same-sex unions November 2, 2004 2,698,077 58.63% 1,904,319 41.37% 4,602,396 63.36% 7,263,024 No Yes but ruled unconstitutional.9
Minnesota Amendment 1 Marriage November 6, 2012 1,399,916 47.44% 1,550,864 52.56% 2,950,780 76.11% 3,876,752 No No
Mississippi Amendment 1 Marriage November 2, 2004 957,104 86.01% 155,648 13.99% 1,112,752 53.78% 2,068,766 Yes Yes
Missouri Constitutional Amendment 2 Marriage August 3, 2004 1,055,771 70.6% 439,529 29.4% 1,495,300 35.76% 4,180,960 Yes Yes
Montana Initiative 96 Marriage November 2, 2004 295,070 66.55% 148,263 33.45% 443,333 63.41% 699,114 Yes Yes
Nebraska Initiative Measure 416 Marriage and
civil union
November 7, 2000 450,07 70.36% 189,555 29.64% 639,628 52.24% 1,224,178 Yes Yes 6
Nevada Question 2 Marriage November 7, 2000 412,688 69.62% 180,077 30.38% 592,765 44.03% 1,346,116 No Yes but ruled unconstitutional.
Nevada Question 2 Marriage November 7, 2002 337,197 67.20% 164,573 32.80% 501,770 42.61% 1,391,100 No Yes but ruled unconstitutional.
North Carolina Amendment 1 Marriage and
civil union
May 8, 2012 1,317,178 61.04% 840,802 38.96% 2,157,980 34.66% 6,296,759 No Yes but ruled unconstitutional.
North Dakota Constitutional Measure 1 Marriage and
civil union
November 2, 2004 223,572 73.23% 81,716 26.77% 305,288 63.24% 482,722 Yes Yes
Ohio State Issue 1 Marriage and
civil union
November 2, 2004 3,329,335 61.71% 2,065,462 38.29% 5,394,797 64.01% 8,427,696 Yes Yes
Oklahoma State Question 711 Marriage and
civil union
November 2, 2004 1,075,216 75.58% 347,303 24.42% 1,422,519 56.65% 2,510,823 No Yes but ruled unconstitutional.
Oregon Measure 36 Marriage November 2, 2004 1,028,546 56.63% 787,556 43.37% 1,816,102 71.19% 2,550,887 No Yes but ruled unconstitutional.
South Carolina Amendment 1 Marriage and
civil union
November 7, 2006 829,360 77.97% 234,316 22.03% 1,063,676 33.74% 3,152,046 Yes Yes
South Dakota Amendment C Marriage and
civil union
November 7, 2006 172,305 51.83% 160,152 48.17% 332,457 57.26% 580,592 Yes Yes
Tennessee Amendment 1 Marriage November 7, 2006 1,419,434 81.3% 327,536 18.7% 1,746,970 39.4% 4,433,921 Yes Yes
Texas Proposition 2 Marriage and
civil union
November 8, 2005 1,723,782 76.25% 536,913 23.74% 2,260,695 17.97% 12,577,545 Yes Yes 7
Utah Constitutional Amendment 3 Marriage and
civil union
November 2, 2004 593,297 65.86% 307,488 34.14% 900,785 57.21% 1,574,463 No Yes but ruled unconstitutional.8
Virginia Marshall-Newman Amendment All types of same-sex unions November 7, 2006 1,328,537 57.06% 999,687 42.94% 2,328,224 43.23% 5,385,522 No Yes but ruled unconstitutional.
Wisconsin Referendum 1 Marriage and
civil union
November 7, 2006 1,264,310 59.4% 862,924 40.6% 2,127,234 52.33% 4,064,432 No Yes but ruled unconstitutional.

Notes:

  • 1 On June 26, 2013, the United States Supreme Court ruled that supporters of the measure did not have standing in federal court to defend the August 2010 ruling by Northern District of California's Chief Judge Vaughn Walker that the amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, effectively killing the ballot initiative.
  • 2 Ban declared unconstitutional on May 16, 2006, by Fulton County Superior Court Judge Constance C. Russell, who said it violated the single-subject rule in Georgia's constitution. Governor Sonny Perdue said he was disappointed by the decision, which he said ran contrary to the voice of Georgia voters. The following day, the ruling was appealed to the Supreme Court of Georgia. On July 6, 2006 the Georgia Supreme Court ruled that the ban did not violate the single-subject rule.[186][187]
  • 3 Does not explicitly define marriage, but allows the legislature to define marriage.
  • 4 On October 6, 2004, a Louisiana district judge tossed out the approved amendment saying it addressed two subjects: marriage and civil unions. Shortly after, the Louisiana Supreme Court unanimously overturned that ruling and found the amendment valid.[188]
  • 5 On May 7, 2008 the Michigan Supreme Court held that the amendment bans not only same-sex marriage and civil unions, but also public employee domestic partnership benefits.[189]
  • 6 Ban declared unconstitutional by Judge Joseph Bataillon, Chief Judge of the U.S. District Court for the District of Nebraska.[190] The ruling was appealed to the Eighth U.S. Circuit Court of Appeals based in St. Louis.[191] That Court issued a ruling that re-instated the ban, declaring in part that it was a legitimate state interest.[192]
  • 7 On October 2, 2009, a Texas district court judge in the case of In Re Marriage of J.B. and H.B. granted a divorce to two men married in Massachusetts, ruling unconstitutional the state's same-sex marriage ban.[193] On August 31, 2010, the Fifth Court of Appeals in Dallas reversed the lower court, ruling, among other things, that the same-sex marriage ban does not violate the Equal Protection Clause of the Fourteenth Amendment.[194][195] On January 7, 2011, the Third Court of Appeals in Austin in the case of State of Texas v. Angelique S. Naylor and Sabina Daly rejected, on procedural grounds, the Texas attorney general's appeal of a divorce granted by a lower court to a same-sex couple married in Massachusetts.[196] Both cases are pending before the Texas Supreme Court.[197][198][199]
  • 8 On December 20, 2013, Judge Robert J. Shelby of Federal District Court for the District of Utah, issued a 53-page ruling that said Utah’s law, which was passed by voters in 2004, violated the US Constitutional rights of gay and lesbian couples to due process and equal protection under the 14th Amendment.[200]
  • 9 On March 22, 2014, US District Judge Bernard Friedman, ruled that the state's constitutional amendment banning same-sex marriage was unconstitutional, saying it violated the Equal Protection Clause of the US Constitution. Some counties began issuing marriage licenses the next day, with the remaining expected to begin on Monday, March 24, when the 3 day waiting period expires. .[201]
  • 10 On May 9, 2014, Sixth Judicial District Judge Chris Piazza ruled the state's constitutional ban violated the US constitution. The order was later stayed pending appeal, and is currently on appeal in the Arkansas Supreme Court.

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

State 2000s 2010s 2014 Details
Delaware 2009 A proposed constitutional amendment, Senate Bill 27, to ban same-sex marriage failed.[202] Failed Failed
Indiana 2004
2005
2006
2007
2008
2009
2010
2011
2014 On February 15, 2011, the Indiana House approved a ban on civil unions and marriage (70-26). The bill passed the Indiana Senate by a 40-10 vote. According to state law, the bill must now be approved by the next, separately elected legislature before voters will see the measure on the 2014 ballot.[203] On January 27, 2014, the Indiana House voted 52-43 to remove the ban on civil unions from the proposed measure.[204] On January 28, 2014, the Indiana House voted 57-40 in favor of the amended measure.[205] On February 17, 2014, the Indiana Senate voted 32-17 approving the House-amended version of the ban on gay marriage. The measure will now need to be approved by the next, separately elected legislature before voters are allowed to decide its fate in 2016.[206] Failed Failed
Iowa 2004
2005
2010
2011
After the Iowa Supreme Court made same-sex marriage legal in 2009, a backlash quickly developed that resulted in three of the justices losing their seats in the 2010 election. Additionally, Republicans took control of the House and fell one seat short of taking over the Senate. For a proposed constitutional amendment to come before Iowa voters, it has to be approved in exactly the same form by two consecutive general assemblies.[207] Failed Failed
Minnesota 2004
2005
2006
2007
2009
2011 A bill was sponsored in 2009 but failed to be brought up for a vote. An amendment was introduced again in 2011. The House and Senate bills passed.[208][209] Both are referred to other area. The bill would have been approved by majority by both the Senate and house by May 23, 2011. On May 11, 2011, the Senate passed the bill 38-27.[210] On May 22, 2011, an amendment was passed by the house by a vote of 70-62, and was placed on the ballot in the November 2012 election.[211] Failed Failed
New Hampshire 2006
2007
2010 On February 17, 2010, a proposed constitutional amendment failed in the house by a 201-135 margin.[212][213] Constitutional amendments in New Hampshire require two-thirds approval from voters. Failed Failed
New Jersey 2006
2007
2008
2010 Bills to place an amendment on the ballot have all failed in the House or Senate Judiciary Committee. Failed Failed
New Mexico 2007
2008
2009
2010
2011
2013
2014 A joint resolution was prefiled in the New Mexico legislature for the 2014 session.[214] The resolution would define marriage as one man and one woman for the state of New Mexico.[215] Failed Failed
Pennsylvania 2006
2008
2009
2010
2011
2013
A joint resolution was introduced in the house of representatives with record low sponsorship on May 8, 2013. The bill would ban same-sex marriages and civil unions. Pennsylvania would become the first northeastern state with a marriage amendment. According to state law, the amendment must receive a majority vote from both chambers of the legislature in two consecutive sessions before voters are allowed to decide its fate. The soonest voters could see the measure is in 2015.[216][217] Failed Failed
West Virginia 2009 2010
2011
West Virginia senators proposed a constitutional amendment for the 2010 ballot that would have defined marriage as "a union between and man and a woman". The amendment was defeated.[218][219] Another proposition was introduced in January 2011[220] but failed to advance. Failed Failed
Wyoming 2009 2011 In 2009, the house of representatives considered an amendment to the state constitution, House Joint Resolution 17 (also known as the "Defense of Marriage" resolution), defining marriage as a union between a man and a woman. The measure was defeated in the house on February 6, with 35 votes against and 25 in favor. On January 27, 2011, the Senate approved an amendment,[221] but it died in the house.[222] Failed Failed

Efforts to ban same-sex unions by statute

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

State Date Yes Yes vote No No vote Description Final outcome
California March 2000 61% (4,618,673) 39% (2,909,370) Proposition 22. Amend the Family Code to say: Only marriage between a man and a woman is valid or recognized in California.[223]1 NoYes but ruled unconstitutional.2

Notes:

  • 1 There is a debate as to whether the adoption of Prop 22 only prohibited California from recognizing same-sex marriages performed in other states.
  • 2 In March 2005, Judge Richard Kramer ruled there appeared to be no rational state compelling interest in limiting marriage to heterosexual couples. His ruling was appealed to the California Court of Appeal for the 1st District, which upheld Proposition 22 on October 5, 2006. The Supreme Court of California ruled on May 15, 2008, that Proposition 22 is unconstitutional and it was struck down by the state's highest court.

Lawsuits seeking to overturn statutory bans

The following lists cases seeking to overturn marriage bans:

State Case Date Vote for Vote against Description Restrictions unconstitutional? Final outcome
Minnesota Richard John Baker v. Gerald R. Nelson October 15, 1971 0 7 Minnesota Supreme Court ruled that Minnesota's marriage statute applied only to opposite-sex couples.[224] The case was appealed to the United States Supreme Court, but dismissed on October 10, 1972.[225] No No No No
Kentucky Jones v. Callahan November 9, 1973 0 7 Kentucky Court of Appeals ruled that Kentucky's marriage statute applied only to opposite-sex couples.[226] No No No No
Washington Singer v. Hara October 1974 Failed Washington Supreme Court refused to hear an appeal of same-sex couple who were denied a marriage license by their county clerk. Washington Court of Appeals's decision stating that state marriage statutes only applied to opposite-sex couples upheld.[227] No No No No
District of Columbia Dean v. District of Columbia' January 1995 0 9 District of Columbia Court of Appeals ruled that District's marriage statute applied only to opposite-sex couples.[228][229] No No No No
Hawaii Baehr v. Miike December 9, 1999 0 5 Hawaii Supreme Court ruled on May 5, 1993, in a 3 in favor to 1 against decision, that state must provide a compelling interest to restricting marriage to opposite-sex couples. Remanded case to lower courts for trial on the subject. On December 3, 1996, Judge Chang ruled that the state had not established any compelling interest in denying same-sex couples the ability to marry and that, even if it had, it failed to prove that the Hawaii statute was narrowly tailored to avoid unnecessary abridgement of constitutional rights. He enjoined the state from refusing to issue marriage licenses to otherwise-qualified same-sex couples.[230] The following day Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Supreme Court reverse him on appeal.[231] Hawaii Supreme Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment.[232] No No No No
Vermont Baker v. Vermont December 20, 1999 5 0 Vermont Supreme Court rules that same-sex marriage or something similar must be implemented in 100 days.[233] Yes Yes Yes Legalized civil unions in Vermont by Vermont General Assembly
Alaska Brause v. Alaska Dept of Health & Social Services April 17, 2001 0 5 Alaska Supreme Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment.[234] No No No No
Massachusetts Goodridge v. Department of Public Health November 18, 2003 4 3 Massachusetts Supreme Judicial Court rules that same-sex marriages must be legal in 180 days.[235] Yes Yes Yes Legalized same-sex marriage in Massachusetts on May 17, 2004
Arizona Harold Donald Standhardt and Tod Alan Keltner v. State of Arizona May 25, 2004 Failed Arizona Supreme Court refused to hear an appeal of a unanimous Arizona Appellate Court ruling upholding statutory marriage ban.[236][237] No No No No
Louisiana Forum for Equality v McKeithen January 19, 2005 0 7 District Judge William Morvant of Baton Rouge struck down the constitutional amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject. The Louisiana Supreme Court however upheld the constitutional amendment.[238] No No No No
Oregon Mary Li and Rebecca Kennedy et al. v. State of Oregon et al. April 2005 0 7 Oregon Supreme Court ruled that plaintiffs' arguments were moot in light of 2004 state constitutional amendment banning same-sex marriage.[239] No No No No
New York Hernandez v. Robles July 6, 2006 2 4 New York Court of Appeals upheld New York's marriage statute did not allow same-sex marriage, and that there is no constitutional right to same-sex marriage.[240] No No No No
Georgia Perdue v. O'Kelley July 7, 2006 0 7 On May 16, 2006, Constance C. Russell of Fulton County Superior Court struck down the [241] No No No No
Washington Andersen v. King County July 26, 2006 4 5 Washington Supreme Court upholds Washington's statute banning same-sex marriage.[242] No No No No
New Jersey Lewis v. Harris October 25, 2006 7 0 New Jersey Supreme Court rules that same-sex marriage or something similar must be implemented in 100 days.[243] Yes Yes Yes Legalized civil unions in New Jersey by New Jersey General Assembly
Maryland Conaway v. Deane & Polyak September 2007 3 4 Maryland Court of Appeals upholds Maryland's statute banning same-sex marriage.[244] No No No No
Michigan Pride at Work v. Granholm May 7, 2008 5 2 Michigan Supreme Court ruled that Michigan's constitutional amendment banning same-sex marriage and civil unions also applies to domestic partner benefits.[245][246] No No No Constitution of Michigan prohibits domestic partner benefits for same-sex couples
California In re Marriage Cases May 15, 2008 4 3 California Supreme Court overturns Proposition 22 and rules that in 30 days, same-sex marriages must be legal.[247] Yes Yes Yes Same-sex marriage licenses issued in California from June 17, 2008 to November 5, 2008
No On November 5, 2008, Proposition 8 goes into effect banning same-sex marriage in the Constitution of California
Yes
Connecticut Kerrigan v. Commissioner of Public Health October 10, 2008 4 3 Connecticut Supreme Court rules that same-sex marriages must be legal in 30 days.[248] Yes Yes Yes Legalized same-sex marriage in Connecticut on November 12, 2008
Iowa Varnum v. Brien April 2009 7 0 Iowa Supreme Court rules that same-sex marriages must be legal in 27 days.[249] Yes Yes Yes Legalized same-sex marriage in Iowa on April 27, 2009
California Strauss v. Horton May 26, 2009 1 6 California Supreme Court upholds Proposition 8; however, same-sex marriages performed before November 5, 2008, are also upheld.[250] No No No California Supreme Court upholds Proposition 8; however, same-sex marriages performed before November 5, 2008, are also upheld.
Yes
New York Lewis v. New York State Department of Civil Service November 2009 3 2 The case challenging the recognition of same-sex marriages in the state of New York was heard by New York Court of Appeals and upheld the rights that came with the recognition of same-sex marriages.[251] Yes Recognition upheld Yes Continuing the recognition of same-sex marriages abroad.
Wisconsin McConkey v. Van Hollen June 30, 2010 0 7 Wisconsin Supreme Court upholds constitutional amendment.[252] No No No No
Wyoming Christiansen v. Christiansen June 2011 Allowed Wyoming Supreme Court allows two Wyoming residents to dissolve a legal relationship created under the laws of Canada.[253] Yes Yes Yes Couple can divorce in Wyoming
Maryland McConkey v. Van Hollen May 18, 2012 7 0 Maryland Court of Appeals upholds Maryland's recognition of out-of-state same-sex marriages.[254] Yes Recognition upheld Yes Continuing the recognition of same-sex marriages abroad.
Wisconsin Appling v. Doyle July 31, 2014 7 0 On November 4, 2009, Wisconsin Supreme Court declined to hear the challenge to Wisconsin's domestic partnership.[255] On June 20, 2011, the Circuit court Judge Dan Moeser ruled that the domestic partnership registry does not violate the state constitution, finding that the state "does not recognize domestic partnership in a way that even remotely resembles how the state recognizes marriage".[256] On December 21, 2012, District 4 Court of Appeals affirms Judge Moeser's decision in a unanimous ruling.[257] On July 31, 2014, the Wisconsin Supreme Court ruled unanimously that the domestic partnership law does not violate the state's constitutional ban on same-sex marriage.[258] Yes Recognition upheld Yes Wisconsin's domestic partnership law is upheld.
Montana Donaldson and Guggenheim v. State of Montana December 2012 3 4 Montana Supreme Court affirmed a lower court's dismissal of this case because the plaintiffs had not identified specific state statutes in their complaint. They did not seek the right to marry, but equal treatment for same-sex couples with respect to inheritance rights, health care decisions, and parenting. The Court invited the plaintiffs to file an amended complaint citing specific statutes,[259] which the plaintiffs, did on April 16, 2013.[260] No No Pending (Lewis and Clark County District Court)
New Mexico Griego v. Oliver December 19, 2013 5 0 On 21 March 2013 ACLU filed a lawsuit in the Albuquerque District court on behalf of two New Mexico couples who are seeking the right to marry. On 19 December 2013 New Mexico's Supreme Court declared that denying marriage to same-sex couples is unconstitutional in the state.[261] Yes Yes Yes Legalized same-sex marriage in New Mexico on December 19, 2013
Arkansas Wright v. Arkansas Pending A group of 11 same-sex couples filed a suit in Pulaski County Circuit Court in order to get the State's ban on same-sex marriage invalidated.[262] Same-sex marriage ban struck down on May 9, 2014. Decision pending appeal to the Arkansas Supreme Court.
Texas In Re Marriage of J.B. and H.B. Pending County judge ruled statutory and constitutional ban on same-sex marriage in violation of the US constitution; appealed to 5th Texas Court of Appeals. The court says Texas's same-sex marriage ban is constitutional.[263] The Fifth Circuit denied en banc review. J.B. sought review from the Texas Supreme Court in February 2011 and that court requested briefs in October.[264] On July 3, 2013, the Texas Supreme Court sua sponte ordered supplemental merits briefing in light of United States v. Windsor.[265] Pending
Texas Texas v. Naylor Pending On January 7, 2011, the Third Court of Appeals in Austin in the case of State of Texas v. Angelique S. Naylor and Sabina Daly rejected, on procedural grounds, the Texas attorney general's appeal of a divorce granted by a lower court to a same-sex couple married in Massachusetts.[196][199] The appeal was still pending in December 2012.[266] Pending

See also

References

  1. ^ 1 U.S.C. § 7
  2. ^ 28 U.S.C. § 1738C
  3. ^ Foley, Elise (March 16, 2011). "Democrats Aim For DOMA Repeal". Huffington Post. 
  4. ^ Petition for Certiorari (No 12-307). Retrieved December 8, 2012
  5. ^ Liptak, Adam (June 26, 2013). "Supreme Court Bolsters Gay Marriage With Two Major Rulings". New York Times. Retrieved June 26, 2013. 
  6. ^ """Weber Introduces "State Marriage Defense Act of 2014. Press Releases. US House of Representatives. Retrieved January 16, 2014. 
  7. ^ Bradley, Gerard V. "The State Marriage Defense Act, January 10, 2014". Witherspoon Institute. Retrieved January 16, 2014. 
  8. ^ D.C. Dopmestic Partnership Program
  9. ^ Ingram, Carl (August 24, 1994). "Senate OKs Bill on Rights for Unwed Couples". The Los Angeles Times. Retrieved September 9, 2009. 
  10. ^ "Wilson: no to domestic partnership bill". The Sacramento Bee. September 12, 1994. p. A1. Retrieved September 9, 2009. 
  11. ^ "Gay marriages get thumps up in state senate". The Deseret News. March 6, 1996. p. A2. Retrieved September 9, 2009. 
  12. ^ Civil Unions
  13. ^ California Assembly Bill 1059, 1998
  14. ^ California Senate Bill 75, 1999
  15. ^ California Assembly Bill 26, 1999
  16. ^ Vermont House Bill 847, 2000
  17. ^ California Senate Bill 1049, 2001
  18. ^ California Assembly Bill 25, 2001
  19. ^ California Senate Bill 1575, 2002
  20. ^ California Assembly Bill 2216, 2002
  21. ^ California Assembly Bill 205, 2003
  22. ^ New Jersey Domestic Partnership Act
  23. ^ Summary of LD 1579
  24. ^ California Assembly Bill 2208, 2004
  25. ^ House passes bill; reactions; bill signed into law
  26. ^ Ehrlich Vetoes Bill Extending Rights to Gay Couples
  27. ^ California Assembly Bill 19, 2005
  28. ^ California Assembly Bill 849, 2005
  29. ^ California Senate Bill 565, 2005
  30. ^ California Senate Bill 973, 2005
  31. ^ California Senate Bill 1827, 2006
  32. ^ California Assembly Bill 2051, 2006
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  34. ^ Bill status of HB905
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  36. ^ Sklar, Roberta (May 2, 2007). "Task Force hails Oregon Senate passage of domestic partnership legislation covering same-sex couples". The Task Force. Retrieved November 4, 2009. 
  37. ^ Bill status of HB437
  38. ^ "New York governor to propose legalizing same-sex marriage". CNN. April 14, 2009. Retrieved November 4, 2009. 
  39. ^ California Assembly Bill 43, 2007
  40. ^ California Assembly Bill 102, 2007
  41. ^ Docket of SB240
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  44. ^ "Senate Bill 566". 
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  47. ^ Abel, David (April 8, 2009). "Vermont legalizes same-sex marriage". The Boston Globe. Retrieved November 4, 2009. 
  48. ^ Ritter signs bill that will help gay couples
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  50. ^ Goodnough, Abby (May 5, 2009). "Gay Marriage Advances in Maine". New York Times. Retrieved November 4, 2009. 
  51. ^ Craig, Tim (May 5, 2009). "Uproar in D.C. as Same-Sex Marriage Gains". Washington Post. Retrieved November 4, 2009. 
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  54. ^ Love, Norma (June 3, 2009). "Gay Marriage: New Hampshire Makes Same-Sex Marriage Legal". Huffington Post. Retrieved November 4, 2009. 
  55. ^ Bill status of HB 2839
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  57. ^ Schwarzenegger signs Milk Day, marriage recognition into law
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  60. ^ RI Lawmakers Back Funeral Rights For Gays
  61. ^ "Gay marriage bill up for vote in NJ next week". Google. Associated Press. December 3, 2009. 
  62. ^ Citing Marriage, Tim Pawlenty Rejects Gay Rights Bill
  63. ^ Hawaii Senate passes civil-unions bill with veto-proof majority, 18-7
  64. ^ New York Law Requires Employers to Grant Funeral Leave Benefits to Same-Sex Partners Similar to Those Accorded to Other Employees
  65. ^ California Assembly Bill 2055, 2010
  66. ^ Illinois House passes civil unions legislation in historic vote
  67. ^ Illinois Senate OK's Civil Unions For Gay & Lesbian Couples
  68. ^ Illinois Governor Signs Historic Law, Extends a Measure of Fairness to All Couples
  69. ^ Hawaii State Legislature 2011 Regular Session SB232 SD1
  70. ^ Bill status of HB569
  71. ^ Senate approves gay marriage; House passage not assured
  72. ^ Maryland gay marriage bill dies with no final vote
  73. ^ Colorado Senate Passes Civil Unions Bill
  74. ^ House panel kills Colorado civil unions bill on 6-5 party-line vote
  75. ^ Concerning reciprocity and statutory construction with regard to domestic partnerships
  76. ^ Status of Senate Bill 30
  77. ^ New York Allows Same-Sex Marriage, Becoming Largest State to Pass Law
  78. ^ Breaking News: House Passes Controversial Civil Unions Bill
  79. ^ California Senate Bill 117, 2011
  80. ^ California Senate Bill 651, 2011
  81. ^ California Senate Bill 757, 2011
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  83. ^ Same-Sex Marriage On New Jersey Senate Agenda
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  87. ^ Votes for SB13-011
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  89. ^ House Bill 5015 and Senate Bill 38.
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  92. ^ Bill Status of SB1
  93. ^ Bill Status of SB10
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  97. ^ "Legislation updates California marriage laws". The Sacramento Bee. June 30, 2014. 
  98. ^ "New law updates state code to use gender-neutral marriage terms". Los Angeles Times. July 7, 2014. 
  99. ^ "Maryland". Marriage-law.laws.com. Retrieved 2014-01-06. 
  100. ^ "Legal Marriage Court Cases". Parters Task Force for Gay and Lesbian Couples. July 10, 2011. Retrieved 2014-04-11. 
  101. ^ SAME-SEX MARRIAGE LAWS IN THE UNITED STATES (Current as of December 31, 2013)
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  103. ^ Baim, Tracy (2010). Obama and the Gays: A Political Marriage. Create Space. p. 8. 
  104. ^ Utah will ask Supreme Court to stop gay marriage during appeal
  105. ^ Same-Sex Marriages Banned by Fla. House
  106. ^ Bills OK'd Barring Homosexual marriage, adoption
  107. ^ Askew signs bill to ban gay marriage
  108. ^ Homosexual Marriage Ban Signed
  109. ^ "Overview of Gay Marriage". Lgbt-vmmlegal.com. Retrieved 2014-01-06. 
  110. ^ This Is Where Marriage Equality Stands on Its 10th Birthday
  111. ^ New Hampshire
  112. ^ New Hampshire Senate Bill 557, 1994
  113. ^ Hawaii bans same-sex marriages
  114. ^ Utah may ignore gay unions
  115. ^ a b c d e f g h i j k l m n o State Laws Prohibiting Recognition of Same-Sex Relationships
  116. ^ Batt signs law banning recognition of same-sex marriage
  117. ^ [1]
  118. ^ Lawmakers say no to same-sex marriages
  119. ^ Alaska Bars Gay Marriage, Congress To Debate Issue
  120. ^ Same-sex marriage ban OK'd
  121. ^ Governor signs bill prohibiting same-sex marriage
  122. ^ Senators support bill banning gay marriages
  123. ^ Governor signs ban on same-sex unions
  124. ^ a b House OK's ban on gay marriages
  125. ^ a b State Senate OK's gay marriage, sends bill to Engler
  126. ^ Governor signs bill against gay unions
  127. ^ The Bill
  128. ^ North Carolina SB1487
  129. ^ Gay marriage ban becomes law State of Missouri will recognize only male-female unions
  130. ^ Setback for same-sex marriage ban Lieutenant governor's tie-breaking vote dooms measure
  131. ^ State Senate votes to ban homosexual marriages in PA
  132. ^ Legislature passes same-sex marriage ban, Gov. Ridge says he will sign the measure
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  134. ^ a b Mississippi joins ban on same-sex unions
  135. ^ Locke's veto of gay marriage ban stands
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  137. ^ Chiles lets gay marriage ban stand
  138. ^ Gay marriage ban vetoed
  139. ^ "Washington Bans Gay Marriage". Chicago Tribune. February 8, 1998. 
  140. ^ Veto Vote
  141. ^ http://news.google.com/newspapers?id=ic4dAAAAIBAJ&sjid=1KcEAAAAIBAJ&pg=2660,5596744&dq=marriage+ban&hl=en
  142. ^ Puerto Rico House Bill 1013, 1999
  143. ^ HB1450
  144. ^ West Virginia Legislature passes same-sex marriage ban
  145. ^ New Hampshire House Bill 1293, 2000
  146. ^ Governor signs gay-marriage ban among flock of other bills
  147. ^ New Hampshire House Bill 454, 2001
  148. ^ Same-sex marriage ban
  149. ^ Perry Signs 'Defense of Marriage
  150. ^ American Samoa Senate rejects bill outlawing same sex marriages
  151. ^ New Hampshire House Bill 553, 2003
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  153. ^ [2] Same-Sex Marriage Assembly/Senate Votes (WI)
  154. ^ Bill status of HB172
  155. ^ HB 751 Marriage; affirmation.
  156. ^ New Hampshire Senate Bill 427, 2004
  157. ^ S.F. No. 0013 Same sex marriages
  158. ^ New Hampshire House Bill 1415, 2008
  159. ^ New Hampshire House Bill 453, 2009
  160. ^ New Hampshire House Overwhelmingly Rejects Attempt to Repeal Marriage Rights
  161. ^ Repealing New Hampshire’s Gay Marriage Law Is *Inexpedient To Legislate*
  162. ^ Anti-gay marriage bill defeated in Senate
  163. ^ New Hampshire House kills repeal of gay marriage law
  164. ^ Maine Question 1, 2012
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  197. ^ the Supreme Court of Texas BlogNo. 11-0024,
  198. ^ the Supreme Court of Texas BlogNo. 11-0114
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  201. ^ hUS District Judge Bernard Friedman
  202. ^ Delaware Senate Defeats Gay Marriage Ban
  203. ^ Indiana House Passes Gay Marriage Ban
  204. ^ Indiana House amends marriage ban language
  205. ^ Indiana House approves constitutional amendment to ban gay marriages
  206. ^ Indiana Senate approves diluted gay marriage ban
  207. ^ Iowa's governor-elect wants vote to ban gay marriage, criticizes senate leader
  208. ^ Minnesota Gay Marriage Ban Amendment Clears First Hurdle
  209. ^ Minnesota Gay Marriage Ban Amendment Clears House Panel
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