STATE BY STATE ANALYSIS of MARRIAGE LAWS AND AMENDMENTS
Alabama: A constitutional amendment banning same-sex marriage was approved in June, 2006.
Alaska: Defense of Marriage Act
is law and part of the state constitution. ACLU is suing to force the
state to grant marriage benefits to unmarried couples.
Arizona: Voters passed a marriage amendment on November 4, 2008
Arkansas: On Nov. 2, 2004, voters
passed a constitutional amendment that bans homosexual marriage and
forbids any civil unions or other unmarried arrangements synonymous to
homosexual marriage. Vote was 75% to 25%.
California: Voters passed
Proposition 8 on November 4, 2008 that defines marriage as a one-man,
one-woman union in the California state constitution.
Colorado: Voters approved a constitutional amendment banning same-sex marriage in 2006.
Connecticut: The Connecticut Supreme Court mandated homosexual marriage in October 2008.
Delaware: DOMA as state law; no constitutional amendment.
Florida: Voters passed a marriage amendment to the Florida constitution on November 4, 2008.
Georgia: On Nov. 2, 2004, voters
passed a marriage amendment by a 76% margin and bans civil unions. It
is being challenged by homosexuals.
Hawaii: Constitutional amendment bans same-sex marriage but state grants limited benefits to same-sex partners.
Idaho: Voters approved a marriage amendment in 2006.
Illinois: DOMA enacted but constitutional amendment failed.
Indiana: State law prohibits same-sex marriage.
Iowa: DOMA as state law. Senate
voted down constitutional amendment protecting marriage. A new marriage
amendment has been submitted.
Kansas: Voters on April 5, 2005 passed a constitutional amendment defining marriage
as a one man, one woman union. It passed by a 70% margin.
Kentucky: Voters on Nov. 2, 2004 passed a marriage amendment by a 75% margin. It bans homosexual marriage and civil unions.
Louisiana: DOMA as state law.
Voters approved constitutional amendment banning same-sex marriage and
civil unions by 4-to-1 margin. Vote overturned by liberal judge on Oct.
5, 2004. The case is in now in court awaiting a decision.
Maine: DOMA as state law. Constitutional amendment failed in House and Senate.
Maryland: State law prohibits same-sex marriage.
Massachusetts: In 2003, the
Massachusetts Supreme Judicial Court ordered the legislature to enact a
law granting marriage to homosexuals. In July, 2008, the Massachusetts
legislature voted to remove residency requirement for out-of-state
Michigan: On Nov. 2, 2004, voters passed an amendment banning same-sex marriage and civil unions by a 59% margin.
Minnesota: DOMA as state law but
constitutional amendment failed when legislature ad- journed in May
without voting on it. A marriage amendment is under consideration in
Mississippi: On Nov. 2, 2004,
voters passed an amendment by an 86% margin. It bans same-sex marriage
and does not recognize homosexual marriages from other states. Does not
ban civil unions.
Missouri: DOMA as state law and written into the state constitution.
Montana: On Nov. 2, 2004, voters passed an amendment banning same-sex marriage by a
67% margin. ACLU is suing for spousal benefits for homosexuals. Does not ban civil
Nebraska: DOMA is in the state
constitution. ACLU sued to overturn amendment. In May, 2005, a federal
judge declared DOMA unconstitutional. He was overruled in 2006 and the
amendment was reinstituted.
Nevada: DOMA written into the state constitution.
New Hampshire: State law bans same-sex marriage.
New Jersey: In 2006, Gov. Jon Corzine signed a bill permitting homosexuals to enter into civil unions.
New Mexico: Legislature killed marriage amendment in 2005.
New York: No DOMA. Bills recognizing or banning
same-sex marriage have been intro- duced but none have passed yet. ACLU
and Lambda Legal are suing for “right” to marry homosexuals.
North Carolina: An amendment was submitted in 2005.
North Dakota: 73% of the voters on Nov. 2, 2004 chose to amend the constitution to ban
homosexual marriage and any other counterfeit of marriage, including civil unions.
Ohio: 62% of the voters on Nov. 2, 2004, voted to ban same-sex marriage and civil unions.
Oklahoma: 76% of the voters on Nov. 2, 2004, voted to protect marriage. The amend-
ment bans any homosexual marriage/civil unions. Homosexuals are suing to overturn federal DOMA.
Oregon: 57% of the voters on Nov. 2, 2004, passed a constitutional amendment banning same-sex marriage. Does not ban civil unions.
Pennsylvania: DOMA as state law; constitutional amendment to be introduced.
Rhode Island: No DOMA. State Attorney General says state constitution mandates ho- mosexual marriage.
South Carolina: Voters passed marriage amendment in 2006.
South Dakota: Voters passed a marriage amendment in 2006.
Tennessee: Voters passed a marriage amendment in 2006.
Texas: Voters passed an amendment protecting traditional marriage in November 2005.
Utah: 66% of the voters on Nov. 2, 2004, voted to protect marriage by banning homosexual marriage and civil unions.
Vermont: Homosexual civil unions are legal in this state. No DOMA has passed.
Virginia: Marriage amendment was passed in 2006.
Washington: DOMA as state law.
West Virginia: DOMA as state law. Law challenged by ACLU but it is upheld by state Supreme Court.
Wisconsin: Voters passed a marriage amendment in 2006.
Wyoming: Wyoming has a statute protecting marriage. The legislature killed an amendment effort in 2005.