50-state rundown on gay marriage laws

Stateline.org ^ | 2-25-04 | Kavan Peterson

[Indy Pendance]

More than 35 states have introduced legislation this year aimed at preserving the traditional definition of marriage as a union between a man and a woman. Thirty-nine states already prohibit gay and lesbian couples from marrying with laws modeled after the federal Defense of Marriage Act (DOMA). Passed by Congress in 1996, the federal DOMA bars federal recognition of same-sex marriages and allows states to ignore gay marriages performed elsewhere.

California, Hawaii, New Jersey and Vermont provide certain privileges to same-sex couples, short of marriage. Massachusetts is the only state slated to allow legal marriages between persons of the same sex starting May 17. Proposals have been introduced in at least four other states to expand recognition of gay and lesbian relationships.

Following is a 50-state roundup of current law and proposals to change state marriage laws. The proposals comprise state constitutional amendments, changes to state law and non-binding resolutions.

Based on information compiled from Stateline.org news reports, the Human Rights Campaign and the National Conference of State Legislatures.

ALABAMA
• Current law: DOMA adopted as state law
• Proposed legislation: Two amendments to the state constitution introduced Feb. 3. One would prohibit courts in Alabama from considering the definition of marriage. The other would ban issuance of marriage licenses to same-sex couples.

  
  ALASKA

• Current law: DOMA written into state constitution and state law
• Proposed legislation: None

  
  ARIZONA

• Current law: DOMA adopted as state law
• Proposed legislation: State constitutional amendment was introduced but failed. Still pending is a resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage.

  
  ARKANSAS

• Current law: DOMA adopted as state law

• Proposed legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage.

  
  CALIFORNIA

• Current law: State law, passed by public referendum, bans same-sex marriage. (In defiance of that law, San Francisco has issued more than 3,200 marriage licenses to same-sex couples.) The state will extend certain state-level marriage benefits to those on a domestic partners’ registry starting Jan. 1, 2005.
• Proposed legislation: None

  
  COLORADO

• Current law: DOMA adopted as state law

• Proposed legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage.

  
  CONNECTICUT

• Current law: No state policy
• Proposed legislation: Two bills introduced to expand recognition of same-sex relationships. One would allow same-sex couples to marry, and another would create civil unions similar to Vermont’s law.

  
  DELAWARE

• Current law: DOMA adopted as state law

• Proposed legislation: None

  
  FLORIDA

• Current law: DOMA adopted as state law
• Proposed legislation: None

  
  GEORGIA

• Current law: DOMA adopted as state law

• Proposed legislation: State constitutional amendment banning same-sex marriage has passed the state Senate, awaits further action in the House. Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage.

  
  HAWAII

• Current law: DOMA written into constitution and adopted as state law by public referendum. But Hawaii law provides limited state benefits to same-sex partners.
• Proposed legislation: None.

  
  IDAHO

• Current law: DOMA adopted as state law

• Proposed legislation: State constitutional amendment banning same-sex marriage passed the state House Feb. 11, awaits further action.

  
  ILLINOIS

• Current law: DOMA adopted as state law
• Proposed legislation: Three similar state constitutional amendments banning same-sex marriage introduced.

  
  INDIANA

• Current law: DOMA adopted as state law

• Proposed legislation: State constitutional amendment banning same-sex marriage passed the state Senate Feb. 3 but has been blocked by Democrats in the state House of Representatives. Republican House members have retaliated by refusing to enter the House chamber, effectively stalling all legislative activity.

  
  IOWA

• Current law: DOMA adopted as state law
• Proposed legislation: State constitutional amendment that would prohibit recognition of same-sex marriage or any legal union that provides marriage-like benefits has been introduced. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced.

  
  KANSAS

• Current law: DOMA adopted as state law

• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced.

  
  KENTUCKY

• Current law: DOMA adopted as state law
• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced.

  
  LOUISIANA

• Current law: DOMA adopted as state law

• Proposed legislation: None

  
  MAINE

• Current law: DOMA adopted as state law
• Proposed legislation: State constitutional amendment banning same-sex marriage was proposed but failed.

  
  MARYLAND

• Current law: State law bans same-sex marriage and pre-dates DOMA laws.

• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced.

  
  MASSACHUSETTS

• Current law: The Massachusetts Supreme Judicial Court has ordered legislation to allow same-sex couples to marry by May 17, 2004.
• Proposed legislation: State constitutional amendment banning same-sex marriage was proposed but not adopted during a constitutional convention Feb. 11-12. The amendment will be considered again in March.

  
  MICHIGAN

• Current law: DOMA adopted as state law

• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced.

  
  MINNESOTA

• Current law: DOMA adopted as state law
• Proposed legislation: None

  
  MISSISSIPPI

• Current law: DOMA adopted as state law

• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced.

  
  MISSOURI

• Current law: DOMA adopted as state law
• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced.

  
  MONTANA

• Current law: DOMA adopted as state law

• Proposed legislation: None

  
  NEBRASKA

• Current law: DOMA written into state constitution
• Proposed legislation: None

  
  NEVADA

• Current law: DOMA written into state constitution

• Proposed legislation: None

  
  NEW HAMPSHIRE

• Current law: State law bans same-sex marriage and pre-dates DOMA laws.
• Proposed legislation: Bill introduced proposing a new state law modeled after DOMA to ban gay and lesbian couples from marrying.

  
  NEW JERSEY

• Current law: State law provides for a domestic partners’ registry with marriage-like benefits for same-sex couples.

• Proposed legislation: Bill introduced proposing adoption of DOMA to prevent gay and lesbian couples from marrying.

  
  NEW MEXICO

• Current law: No public policy
• Proposed legislation: None

  
  NEW YORK

• Current law: No public policy

• Proposed legislation: Bill that would recognize same-sex marriage has been proposed in the state Senate; three bills to extend some marriage benefits to same-sex couples have been introduced in the state Assembly.

  
  NORTH CAROLINA

• Current law: DOMA adopted as state law
• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced, but lawmakers say it is unlikely to be voted on until 2005.

  
  NORTH DAKOTA

• Current law: DOMA adopted as state law

• Proposed legislation: None

  
  OHIO

• Current law: DOMA adopted as state law
• Proposed legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage.

  
  OKLAHOMA

• Current law: DOMA adopted as state law

• Proposed legislation: Four proposed amendments to the state constitution banning same-sex marriage have been introduced, but observers expect none to pass. Four bills that would strengthen the state’s existing DOMA law have been introduced, plus a resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage.

  
  OREGON

• Current Law: No public policy
• Proposed legislation: Signatures are being gathered to try to place a state constitutional amendment to ban same-sex marriage on the ballot in August or November, bypassing the Legislature.

  
  PENNSYLVANIA

• Current law: DOMA adopted as state law

• Proposed legislation: A state constitutional amendment banning same-sex marriage is expected to be introduced this legislative session.

  
  RHODE ISLAND

• Current law: No public policy
• Proposed legislation: Two bills to adopt state DOMA laws have been introduced.

  
  SOUTH CAROLINA

• Current law: DOMA adopted as state law

• Proposed legislation: State constitutional amendment has been introduced declaring that same-sex marriages performed elsewhere will not be recognized in South Carolina. Also pending is a bill that would strengthen the state’s existing DOMA by forbidding the state to recognize same-sex marriage or to grant marriage-like benefits to same-sex couples.

  
  SOUTH DAKOTA

• Current law: DOMA adopted as state law
• Proposed legislation: Bill introduced that would strengthen the state’s existing DOMA by forbidding the state to recognize same-sex marriage or to grant marriage-like benefits to same-sex couples.

  
  TENNESSEE

• Current law: DOMA adopted as state law

• Proposed legislation: Bill introduced that would strengthen the state’s existing DOMA by forbidding the state from recognizing a “civil union or domestic partnership between individuals of the same sex.” Also pending is a resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage.

  
  TEXAS

• Current law: DOMA adopted as state law
• Proposed legislation: None

  
  UTAH

• Current law: DOMA adopted as state law

• Proposed legislation: A state constitutional amendment defining marriage as the union between a man and a woman and barring state recognition of any "domestic partnerhsip" passed the state House Feb. 24 and awaits approval by the Senate. The legislature has already approved changes to the state law that would do essentially the same thing. Those changes await the governors approval.

  
  VERMONT

• Current law: DOMA adopted as state law, but civil unions created in 2000 to provide same-sex couples access to state-level marriage benefits.
• Proposed legislation: Bill introduced that would allow same-sex couples to marry.

  
  VIRGINIA

• Current law: DOMA adopted as state law

• Proposed legislation: Two bills introduced that would reaffirm that Virginia has no constitutional or legal obligation to recognize marriages, civil unions or domestic partnership contracts between same-sex couples. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced.

  
  WASHINGTON

• Current law: DOMA adopted as state law
• Proposed legislation: State constitutional amendment banning same-sex marriage has been introduced.

  
  WEST VIRGINIA

• Current law: DOMA adopted as state law

• Proposed legislation: None

  
  WISCONSIN

• Current law: State law bans same-sex marriage and pre-dates DOMA laws.
• Proposed legislation: State constitutional amendment banning same-sex marriage and civil unions has been introduced.

  
  WYOMING

• Current law: State law bans same-sex marriage and pre-dates DOMA laws.
• Proposed legislation: Legislation to enact a state law modeled after DOMA was introduced but failed.

[Indy Pendance]

.

[DM1]

makes me proud to have moved to New Hampshire

[bobjam]

Why do the states need Congress? According to the Constitution, a resolution of 34 state legislatures is enough to call a Constitutional Convention that could propose Amendments for ratification. Congress need not be involved at all. It may actually be easier to get 34 legislatures to propose the Federal Marriage Amendment than to get it to pass Congress.

[camas]

using the homo reasoning what is to stop 2 seven year olds from marrying. you know equal protection under the law.

[cinFLA]

"The state will extend certain state-level marriage benefits to those on a domestic partners’ registry starting Jan. 1, 2005 2003</b."

[NYFriend]

Careful, the convention may decide to make room by taking out #2. A convention opens everything up.

[BSunday]

Virginia - Two bills introduced that would reaffirm that Virginia has no constitutional or legal obligation to recognize marriages, civil unions or domestic partnership contracts between same-sex couples

Soon to be vetoed by our Rat Governor Mark "Moron" Warner

[BSunday]

CALIFORNIA

Current law: State law, passed by public referendum, bans same-sex marriage. (In defiance of that law, San Francisco has issued more than 3,200 marriage licenses to same-sex couples.) The state will extend certain state-level marriage benefits to those on a domestic partners’ registry starting Jan. 1, 2005.

Only in Kalifornia will the state help you break the law.

[Indy Pendance]

Good catch. Thanks

[cinFLA]

(I should have been more specific)

"CALIFORNIA:

The state will extend certain state-level marriage benefits to those on a domestic partners’ registry starting Jan. 1, 2005 2003"