This
article summarizes the legal and political actions taken by the
individual states of the United States
regarding same-sex marriage. The texts are
following.
Alabama
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")
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.
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.
No marriage license shall be issued in the State of Alabama to
parties of the same sex.
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.
The State of Alabama shall not recognize as valid any common
law marriage of parties of the same sex.
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
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
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.
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.
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. 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. An already-existing statutory ban on
same-sex marriage was unaffected and remained current state
law.
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
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
- 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
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.
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. 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.
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.
Colorado
- 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.
- 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. A law was quickly pushed through to prohibit gay
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.
Connecticut
On October
10, 2008, the Connecticut Supreme Court
issued a 4-3 ruling, which took effect on November
12, 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.
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 (expires on the 1 October, 2010)
Delaware
Texts :
(a) A marriage is prohibited and void between a person and his
or her ancestor, descendant, brother, sister, uncle, aunt, niece,
nephew, first cousin 'or between persons of the same
gender
.
(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.
No marriage license or recognition, no other relationship
or its recognition from other jurisdictions for same-sex
couples.
District of Columbia
- Unresolved. The debate over same-sex marriage in Washington,
D.C.
is complicated by the fact that the United States Congress has ultimate
authority over laws passed by the Council of the District of
Columbia. The Omnibus Domestic Partnership Equality
Amendment Act of 2008, passed unanimously by the D.C. Council,
provides the highest degree of legal protections akin to marriage
for same-sex couples.
No marriage license or explicit prohibition from other
jurisdictions for same-sex couples, however since 6 July, 2009 DC
does recognise same-sex marriages that were performed in a state or
country were they are legal.
Other relationship recognition for same-sex couples:
Domestic
partnership in the District of Columbia.
Florida
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
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.
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
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).
1998: Hawaii's voters amend their Constitution to allow state
legislature to restrict marriage to men and women only.
In 2007 and in 2009: An attempt made to introduce
civil unions in
Hawaii's legislation stops in Committee.
Texts :
The legislature shall have the power to reserve marriage to
opposite-sex couples.
In order to make valid the marriage contract, which shall be
only between a man and a woman, it shall be necessary that: (1) to
(7)... conditions
- Hawaii Statutes section 572-1.6.
Private solemnization not unlawful.
Nothing in this chapter shall be construed to render unlawful,
or otherwise affirmatively punishable at law, the solemnization of
same-sex relationships by religious organizations; provided that
nothing in this section shall be construed to confer any of the
benefits, burdens, or obligations of marriage under the laws of
Hawaii.
- Hawaii Statutes section 572-3.
Contracted without the State.
Marriages between a man and a woman legal in the country where
contracted shall be held legal in the courts of this
State.
- No marriage license or recognition from other
jurisdictions for same-sex couples.
- One existing form of statewide relationship recognition
for same-sex couples :
Idaho
November 7, 2006: Idaho voters approved a state constitutional
amendment barring same-sex marriage. (
Idaho Amendment 2 )
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
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 has been 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 has
not moved.
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.
No marriage license or recognition, no other relationship
or its recognition from other jurisdictions for same-sex
couples.
Indiana
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
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.On
April 3, 2009, the Iowa Supreme Court
unanimously upheld Hanson's ruling and
nullified the statute prohibiting same-sex marriage. Licenses
became available on April 27.
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.
Kansas
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.
(a) 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 23-115.
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
In 1970 two women by the name of Marjorie Jones & Tracy Knight
are denied a marriage license by the county clerk who refused upon
seeking advice from the district attorney. November 9, 1973, the
Kentucky Court of Appeals (at the time the states highest court of
appeals) unanimously rules 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"
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.
Louisiana
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.
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.
January 19, 2005: The Louisiana Supreme Court reinstated the
anti-gay marriage amendment to the state constitution.
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
.
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
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.
On May 6, 2009, after the Senate gave a final vote on enactment,
Governor
John Baldacci signed the bill
into law. Baldacci became the first governor in the nation to sign
a same-sex marriage bill that was not the result of a court
decision. 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.
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. 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. 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.
On November 3, 2009, the issue was put on a statewide ballot. The
following day, it was made official that opponents of gay marriage
successfully vetoed the gay marriage legislation.
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
Maryland
Texts :
§ 2-201. Only a marriage between a man and a woman is
valid in this State.
No marriage license or recognition. However
certain/few rights are granted to domestic partners through
unregistered cohabitation since 1 July, 2008.
Massachusetts
November 18, 2003: In
Goodridge v.
Department of Public
Health, the Massachusetts Supreme Judicial
Court
gave the Massachusetts Legislature 180 days in
which to take such action as it may deem appropriate.
May 17, 2004: No action having been taken, Massachusetts began
issuing marriage licenses to same-sex couples.
No explicit texts, just the Supreme Court
ruling.
Marriage licenses & no explicit prohibition on
recognition from other jurisdictions for same-sex
couples.
No other relationship or its recognition from other
jurisdictions for same-sex couples
Michigan
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.
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.
(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.
No marriage license or recognition, no other relationship
or its recognition from other jurisdictions for same-sex
couples.
Minnesota
1971: The
Minnesota
Supreme Court
rules 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". This decision was appealed
to the United States Supreme Court (see
Baker v. Nelson), but was dismissed for failure
to present a federal question. Such a dismissal constitutes a
holding that the claimed Federal right--a Constitutional mandate to
treat same-sex and opposite-sex couples identically--does not
exist.
Texts :
Chapter 517. Domestic Relations -
517.03. Prohibited marriages.
Subdivision 1. General.
(a) The following marriages are prohibited: ... (4) a
marriage between persons of the same sex.
(b) A marriage entered into by persons of the same sex, either
under common law or statute, that is recognized by another state or
foreign jurisdiction is void in this state and contractual rights
granted by virtue of the marriage or its termination are
unenforceable in this state.
Chapter 518. Marriage Dissolution -
518.01. Void marriages
All marriages which are prohibited by section 517.03 shall be
absolutely void, without any decree of dissolution or other legal
proceedings; (except if a person whose husband or wife has
been absent for four successive years, without being known to the
person to be living during that time, marries during the lifetime
of the absent husband or wife, the marriage shall be void only from
the time that its nullity is duly adjudged. If the absentee is
declared dead in accordance with section 576.142, the subsequent
marriage shall not be void.)
No marriage license or recognition, no other relationship
or its recognition from other jurisdictions for same-sex
couples.
Mississippi
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
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
November 2, 2004: An amendment is put on the ballot to ban same-sex
marriage. 67% of voters supported it. Cfr
Montana Initiative 96
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
May 12,
2005: A federal judge in Omaha
struck down
Nebraska
's sweeping ban on same-sex marriages, civil unions,
domestic partnerships, and other same-sex
relationships.
July 14, 2006: The 8th U.S. Circuit Court of Appeals reinstated the
ban.
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
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
Texts (will be repealed on 1 January, 2010):
Section 457:1. Marriages Prohibited;
Men.
No man shall marry his mother, his father's sister,
mother's sister, daughter, sister, son's daughter, daughter's
daughter, brother's daughter, sister's daughter, father's brother's
daughter, mother's brother's daughter, father's sister's daughter,
mother's sister's daughter,
or any other man.
Section 457:2. Marriages Prohibited;
Women.
No woman shall marry her father, her father's brother,
mother's brother, son, brother, son's son, daughter's son,
brother's son, sister's son, father's brother's son, mother's
brother's son, father's sister's son, mother's sister's son,
or any other woman.
Section 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 457:1 or 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 457:1 or 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.
Section 457:43 Residents.
If any person residing and intending to continue to reside in
this state is prohibited from contracting marriage under the laws
of this state and goes into another jurisdiction 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, with the same effect as though such prohibited
marriage had been entered into in this state.
Section 457-A:8 Other Jurisdictions.
A civil union or a marriage between a man and another man or a
woman and another woman legally contracted outside of New Hampshire
shall be recognized as a civil union in this state, provided that
the relationship does not violate the prohibitions of this
chapter.
- No marriage license.
- Other relationship recognition for same-sex
couples: Civil unions
(expires on 1 January, 2010)
- Marriage and other relationship recognition from other
jurisdictions for same-sex couples: Civil unions
(expires on 1 January, 2010)
New Jersey
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.
No explicit texts on same-sex marriages.
No marriage license
Other relationship recognition for same-sex couples
: Civil unions
in New Jersey
Marriage and other relationships recognition from other
jurisdictions for same-sex couples as : Civil unions in New
Jersey
New Mexico
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. The
first same-sex marriages in Sandoval County were performed later
the same day. By the end of the day, however, New Mexico state
attorney general
Patricia Madrid
issued an opinion stating that the licenses were "invalid under
state law", and the Sandoval County clerk's office stopped issuing
them. In the interim, 66 such licenses had been issued, which were
later nullified by court order.
New Mexico governor
Bill
Richardson has requested that the state legislature enact a
civil union bill.
No explicit texts on same-sex marriages.
Licences stopped.
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.
No marriage license, but no explicit prohibition on
recognition from other jurisdictions for same-sex
couples.
No other relationship or its recognition from other
jurisdictions for same-sex couples
New York
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). During his 2006 gubernatorial
campaign, Eliot Spitzer said that he would push to legalize
same-sex marriage if elected. Governor Spitzer introduced a
same-sex marriage bill in April 2007. 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. No further
action has been taken on the bill.
North Carolina
Texts :
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
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
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.
Oklahoma
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. 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."
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
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 or recognition.
Other relationship performed: Domestic partnerships since
4/2/2008
Other relationship recognition from other jurisdictions for
same-sex couples : ?
Pennsylvania
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.
State Senator
John Eichelberger
plans to introduce a constitutional amendment banning same-sex
marriage in Pennsylvania.
Puerto Rico
1998: The island territory of
Puerto
Rico ratified a Defense of Marriage Act (DOMA) in 1998.
No marriage license or recognition, no other relationship
or its recognition from other jurisdictions for same-sex
couples.
Rhode Island
History : Propositions in 2007 for both marriage
and civil unions.
No explicit texts.
No marriage license.
Marriage recognition from Massachusetts, according
to Attorney General.
However, State Supreme Court subsequently stated that the
family court lacks jurisdiction to hear a divorce petition
involving same sex couple who were married in
Massachusetts. Chambers v. Ormiston, 935
A.2d 956 (R.I. 2007).
No other relationship performance or recognition from other
jurisdictions for same-sex couples
South Carolina
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
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
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
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.
Utah
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 only 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.
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.
No marriage license or recognition, no other relationship
or its recognition from other jurisdictions for same-sex
couples.
Vermont
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, four 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. 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.
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
1975: The
Code of Virginia is
amended to prohibit marriage between persons of the same sex.
1997: The statutory prohibition is extended to declare that any
same-sex marriage from another state is void in Virginia.
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.
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 takes effect in
2007.
Texts :
That only a union between one man and one woman may be a
marriage valid in or recognized by thisCommonwealth 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.
Washington
Texts :
26.04.010. Marriage contract Void
marriages.
(1) Marriage is a civil contract between a male and a female
who have each attained the age of eighteen years, and who are
otherwise capable.26.04.020.
Prohibited marriages.
(1) Marriages in the following cases are prohibited: ...(c)
When the parties are persons other than a male and a
female.
(3) A marriage between two persons that is recognized as valid
in another jurisdiction is valid in this state only if the marriage
is not prohibited or made unlawful under subsection ...
(1)(c) ... of this section.
No marriage license or recognition, no other relationship
or its recognition from other jurisdictions for same-sex
couples.
However, 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.
West Virginia
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
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 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, no civil unions either - However
certain limited rights in a domestic partnership are legally
provided in Wisconsin and is recognised from other jurisdictions
for same-sex couples.
Wyoming
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.
See also
- In general
- In the United States
References
External links
State by state:
- Domawatch.org ( against same-sex marriage
)
- HRC ( in favor of same-sex marriage )
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