Same-sex marriage legislation in the United States

Legal status of same-sex unions
Marriage
Performed

Argentina
Belgium
Brazil
Canada
Colombia
Denmark:
· Denmark proper
· Greenland
Finland*
France
Iceland
Ireland
Luxembourg
Mexico:
· CM, CH, CA,
· CL, GR3, JA,
· MC, MR, NA,
· PU3, QE3,
· QR, CDMX

Netherlands:
· Netherlands proper
New Zealand:
· New Zealand proper
Norway
Portugal
South Africa
Spain
Sweden
United Kingdom:
· England and Wales
· Scotland
· AX and DX, AC*, BAT
· GI, GG*, IM, PN
United States:
· United States proper
· GU, MP, PR, VI
· some tribal jurisdictions
Uruguay

Recognized

  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper
  3. Marriages performed in some municipalities and recognized by the state

* Not yet in effect

LGBT portal

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

On June 26, 2015, all such legislation was made irrelevant when the Supreme Court of the United States ruled in the case of Obergefell v. Hodges that a fundamental right to marry is guaranteed to same-sex couples by the Fourteenth Amendment, and that states must allow same-sex marriage.

Federal level

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

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

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

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

In Obergefell v. Hodges, the Supreme Court was asked to determine the constitutionality of state bans on same-sex marriage licenses as well as state bans on recognition of same-sex marriages from other states. On June 26, 2015, the court ruled by a 5-4 vote that the Fourteenth Amendment obliges states to license same-sex marriages and to recognize same-sex marriages from other states.[8]

State level

Efforts to enable same-sex unions

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

State Date Type of same-sex union Upper House Lower house Governor Final
outcome
Yes No Yes No
District of Columbia June 1992 Domestic partnership[9] N/A Passed Signed  Yes
California September 1994 Domestic partnership[10][11] 21 17 41 26 Vetoed  No
Hawaii March 1996 Domestic partnership[12] 14 11 Failed  No
Hawaii June 1997 Reciprocal beneficiary relationship[13] 24 7 43 27 Signed  Yes
California September 1998 Domestic partnership[14] 21 17 41 36 Vetoed  No
California October 1999 Domestic partnership[15] 23 13 41 38 Vetoed  No
California October 1999 Domestic partnership[16] 22 14 41 36 Signed  Yes
Vermont April 2000 Civil union[17] 19 11 79 68 Signed  Yes
California August 2001 Domestic partnership (expansion)[18] 22 12 41 27 Signed  Yes
California October 2001 Domestic partnership (expansion)[19] 23 11 41 32 Signed  Yes
California September 2002 Domestic partnership (expansion)[20] 26 11 41 31 Signed  Yes
California September 2002 Domestic partnership (expansion)[21] 23 13 43 27 Signed  Yes
California September 2003 Domestic partnership (expansion)[22] 23 14 41 33 Signed  Yes
New Jersey January 2004 Domestic partnership[23] 23 9 41 28 Signed  Yes
Maine April 2004 Domestic partnership[24] 18 14 84 58 Signed  Yes
California September 2004 Domestic partnership (expansion)[25] 23 12 46 29 Signed  Yes
Connecticut April 2005 Civil union[26] 27 9 85 63 Signed  Yes
Maryland May 2005 Domestic partnership[27] 31 16 83 50 Vetoed  No
California June 2005 Marriage[28] Failed  No
California September 2005 Marriage[29] 21 15 41 35 Vetoed  No
California September 2005 Domestic partnership (expansion)[30] 23 15 47 28 Signed  Yes
California September 2005 Domestic partnership (expansion)[31] 21 14 47 32 Signed  Yes
California September 2006 Domestic partnership (expansion)[32] 24 15 46 29 Signed  Yes
California September 2006 Domestic partnership (expansion)[33] 23 15 47 31 Signed  Yes
New Jersey December 2006 Civil union[34] 23 12 56 19 Signed  Yes
New Hampshire April 2007 Civil union[35] Failed  No
Washington April 2007 Domestic partnership[36] 28 19 63 35 Signed  Yes
Oregon May 2007 Domestic partnership[37] 21 9 34 26 Signed  Yes
New Hampshire May 2007 Civil union[38] 14 10 243 129 Signed  Yes
New York June 2007 Marriage[39] 85 61  No
California September 2007 Marriage[40] 22 15 42 34 Vetoed  No
California October 2007 Domestic partnership (expansion)[41] Passed Passed Signed  Yes
New Hampshire January 2008 Contractual cohabitation[42] Failed  No
New Mexico February 2008 Domestic partnership[43] 33 31  No
Washington March 2008 Domestic partnership (expansion)[44] 29 20 62 32 Signed  Yes
Maryland May 2008 Domestic partnership[45] 30 17 88 46 Signed  Yes
District of Columbia May 2008 Domestic partnership (expansion)[46] N/A Passed Signed  Yes
New Mexico February 2009 Domestic partnership[47] 17 25  No
Vermont April 2009 Marriage[48] 23 5 100 49 Vetoed 1  Yes
Colorado April 2009 Designated beneficiary agreement[49] 23 10 41 24 Signed  Yes
Connecticut April 2009 Marriage (codification)[50] 28 7 100 44 Signed  Yes
Maine May 2009 Marriage[51] 21 14 89 58 Signed  No2
District of Columbia May 2009 Marriage (recognition only)[52] N/A Passed Signed  Yes
Washington May 2009 Domestic partnership (expansion)[53] 30 18 62 35 Signed  Yes3
Nevada May 2009 Domestic partnership[54] 14 7 28 14 Vetoed1  Yes
New Hampshire June 2009 Marriage[55] 14 10 198 176 Signed  Yes
Oregon June 2009 Domestic partnership (expansion)[56] 27 0 41 8 Signed  Yes
Wisconsin June 2009 Domestic partnership[57] 17 16 50 48 Signed  Yes
California October 2009 Out-of-state pre-proposition 8 marriage recognition[58] 24 14 44 27 Signed  Yes
New York December 2009 Marriage[59] 24 38 89 52  No
District of Columbia December 2009 Marriage[60] N/A 11 2 Signed  Yes
Rhode Island January 2010 Domestic partnership (only 1 entitlement)[61] 31 3 67 3 Vetoed1  Yes
New Jersey January 2010 Marriage[62] 14 20  No
Minnesota May 2010 Domestic partnership (only 1 entitlement)[63] 41 24 78 55 Vetoed  No
Hawaii July 2010 Civil union[64] 18 7 31 20 Vetoed  No
New York July 2010 Domestic partnership (only 1 entitlement)[65] 50 11 127 26 Signed  Yes
California September 2010 Domestic partnership (expansion)[66] 23 12 53 24 Signed  Yes
Illinois January 2011 Civil union[67][68][69] 32 24 61 52 Signed  Yes
Hawaii February 2011 Civil union[70] 18 5 31 19 Signed  Yes
New Hampshire March 2011 Domestic union[71] Failed  No
Maryland March 2011 Marriage[72][73] 25 21  No
Colorado March 2011 Civil union[74][75] 23 12  No
Washington April 2011 Recognition of out-of-state union as domestic partnership[76] 28 19 58 39 Signed  Yes
Delaware May 2011 Civil union[77] 13 6 26 15 Signed  Yes
New York June 2011 Marriage[78] 33 29 80 63 Signed  Yes
Rhode Island July 2011 Civil union[79] 21 16 62 11 Signed  Yes
California September 2011 Domestic partnership (expansion)[80] 22 13 52 25 Signed  Yes
California October 2011 Domestic partnership (expansion)[81] 25 15 Passed Signed  Yes
California October 2011 Domestic partnership (expansion)[82] 24 13 Passed Signed  Yes
Washington February 2012 Marriage[83] 28 21 55 43 Signed  Yes3
New Jersey February 2012 Marriage[84] 24 16 42 33 Vetoed  No
Maryland March 2012 Marriage[85] 25 22 72 67 Signed  Yes3
Colorado May 2012 Civil union[86] 23 12  No
Wyoming January 2013 Domestic partnership[87] 24 35  No
Colorado March 2013 Civil union[88] 21 14 39 26 Signed  Yes
Rhode Island May 2013 Marriage[89][90] 26 12 56 15 Signed  Yes
Delaware May 2013 Marriage[91] 12 9 23 18 Signed  Yes
Minnesota May 2013 Marriage[92] 37 30 75 59 Signed  Yes
Hawaii November 2013 Marriage[93] 19 4 30 19 Signed  Yes
Illinois November 2013 Marriage[94][95] 32 21 61 54 Signed  Yes
Wyoming February 2014 Marriage[96] 17 41  No
California July 2014 Marriage (codification)[97][98][99] 25 10 51 11 Signed  Yes
Virginia February 2015 Marriage (codification)[100][101][102] 20 18  No
Oregon July 2015 Marriage (codification)[103][104] 18 11 40 18 Signed  Yes
Guam August 2015 Marriage (codification)[105][106][107] N/A 13 2 N/A4  Yes
Oregon March 2016 Marriage (codification)[108][109][110] 18 11 43 13 Signed  Yes
Colorado June 2016 Conversion of civil union into marriage[111][112] 34 0 52 13 Signed  Yes
California June 2016 Marriage and domestic partnership (codification)[113][114] 34 0 63 1 Signed  Yes
Virginia 2017 Marriage (codification)[115] Pending

Notes:

Efforts to prohibit same-sex unions

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

State Date Type of same-sex union Upper House Lower house Governor Final
outcome
Yes No Yes No
Maryland May 1973 Marriage[116] Passed Passed Signed  Yes1
Oklahoma February 1975 Marriage[117] Passed Passed Signed  Yes
Arizona April 1975 Marriage[118] Passed Passed Signed  Yes
Virginia August 1975 Marriage[119] Passed Passed Signed  Yes
Utah April 1977 Marriage[120] Passed Passed Signed  Yes
Florida June 1977 Marriage[121][122][123] 37 0 101 11 Signed  Yes
Illinois June 1977 Marriage[124] Passed Passed Signed  Yes1
California August 1977 Marriage[125] 23 5 68 2 Signed  Yes1
Wyoming October 1977 Marriage[126] Passed Passed Signed  Yes
Wisconsin July 1979 Marriage[127] Passed Passed Signed  Yes
New Hampshire July 1987 Marriage[128][129] Passed Passed Signed  Yes1
New Hampshire March 1994 Recognition of out-of-state marriage[130] 11 12  No
Guam May 1994 Marriage[131] N/A Passed Signed  Yes1
Hawaii June 1994 Marriage[132] Passed Passed Signed  Yes1
Utah March 1995 Marriage[133] Passed Passed Signed  Yes
South Dakota January 1996 Marriage[134][135][136] 26 8 49 18 Signed  Yes
Idaho February 1996 Marriage[135][137] 24 6 66 4 Signed  Yes
Idaho March 1996 Recognition of out-of-state marriage[138] 28 4 59 6 Signed  Yes
Colorado March 1996 Marriage[139] Passed Passed Vetoed  No
Kansas April 1996 Marriage[135][140] 39 1 87 38 Signed  Yes
Georgia April 1996 Marriage[134][135][141] 47 0 135 10 Signed  Yes
Arizona May 1996 Marriage[134][135][142] 21 9 50 5 Signed  Yes
Alaska May 1996 Marriage and civil union[135][143][144] 16 3 31 9 N/A2  Yes
Illinois May 1996 Marriage[145][146] 42 9 87 17 Signed  Yes1
Tennessee May 1996 Marriage[134][135] Passed 90 1 Signed  Yes
South Carolina May 1996 Marriage[147][148] Passed 82 0 Signed  Yes
Michigan June 1996 Marriage[149][150] 31 2 88 14 Signed  Yes
Michigan June 1996 Recognition of out-of-state marriage[149][150] Passed 74 28 Signed  Yes
Delaware June 1996 Marriage[151] 17 3 39 0 Signed  Yes1
North Carolina June 1996 Marriage and recognition of out-of-state marriage[152][153][154] 41 4 98 10 Signed  Yes
Missouri July 1996 Marriage[155] 29 2 131 10 Signed  Yes
California August 1996 Marriage[156] 20 21 Passed  No
Oklahoma September 1996 Marriage[134][135] 42 2 99 0 Signed  Yes
Pennsylvania October 1996 Marriage[157][158] 43 5 189 13 Signed  Yes
Mississippi February 1997 Marriage[159] 50 0 118 3 Signed  Yes
Arkansas February 1997 Marriage[134][160] 34 0 92 2 Signed  Yes
North Dakota February 1997 Marriage[134][161] 43 6 73 18 Signed  Yes
Texas February 1997 Marriage[159][162] Passed Passed Signed  Yes
Washington February 1997 Marriage[163] 33 15 63 35 Vetoed  No
Virginia March 1997 Recognition of out-of-state marriage[134][164] 40 0 87 9 Signed  Yes
Maine March 1997 Marriage[165] 24 10 106 39 N/A2  Yes1
Indiana April 1997 Marriage[166][167] 38 10 85 9 Signed  Yes
Montana April 1997 Marriage and civil union[134][168] 45 5 73 23 Signed  Yes
Florida May 1997 Recognition of out-of-state marriage and civil union[134][169] 33 5 97 19 N/A2  Yes
Minnesota June 1997 Marriage[135][170] 64 0 108 20 Signed  Yes1
Colorado June 1997 Marriage[171] Passed Passed Vetoed  No
Washington February 1998 Marriage[172][173] 34 11 65 28 Vetoed 3  Yes1
Kentucky April 1998 Marriage and recognition out-of-state marriage[135][174] 32 2 84 9 Signed  Yes
Alabama May 1998 Marriage[175] 30 0 79 12 Signed  Yes
Hawaii November 1998 Marriage[134] Passed Passed Signed  Yes1
Puerto Rico March 1999 Marriage[176] Passed Passed Signed  Yes
Louisiana July 1999 Marriage and recognition of out-of-state marriage[177] 32 0 95 0 Signed  Yes
West Virginia March 2000 Marriage[178] Passed 96 3 Signed  Yes
New Hampshire March 2000 Recognition of out-of-state marriage[179] 128 232  No
Colorado May 2000 Marriage[180] Passed 37 28 Signed  Yes
New Hampshire March 2001 Recognition of out-of-state civil union[181] 88 276  No
Missouri July 2001 Marriage[182] Passed Passed Signed  Yes
American Samoa March 2003 Marriage[183] Failed  No
New Hampshire March 2003 Recognition of out-of-state civil union[184] Failed  No
Texas May 2003 Recognition of out-of-state same-sex marriage and civil union[185] Passed Passed Signed  Yes
Wisconsin November 2003 Marriage[186][187] 22 10 68 29 Vetoed  No
Ohio February 2004 Marriage, recognition of out-of-state marriage, and civil union[134][188] 72 22 18 15 Signed  Yes
Utah March 2004 Civil union[134] Passed Passed Signed  Yes
Virginia April 2004 Civil union[134][189] 27 12 69 30 N/A2  Yes
New Hampshire May 2004 Recognition of out-of-state marriage[190] 16 7 215 137 Signed  Yes1
Wyoming February 2007 Recognition of out-of-state marriage[191] 21 8  No
New Hampshire March 2008 Recognition of out-of-state union[192] Failed  No
New Hampshire March 2009 Civil union[193] 136 205  No
New Hampshire February 2010 Marriage[194][195] 109 210  No
Wyoming March 2011 Recognition of out-of-state marriage[196] 14 16 31 28  No
New Hampshire March 2012 Marriage[197] 116 211  No
Wyoming February 2014 Recognition of out-of-state marriage[96] 29 31  No

Notes:

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

State Intended date Same-sex union Description Outcome
Maine November 2012 Marriage Initiative to establish same-sex marriage.[198]  Yes

Efforts to enable ban amendment

State Date Type of same-sex union Upper House Lower house Final
outcome
Yes No Yes No
Hawaii 1998 Marriage ban permitted Passed Passed Placed on Ballot
November 1998 Referendum (69.18%)  Yes
Alaska 1998 Same-sex marriage 14 6 28 12 Placed on Ballot
November 1998 Referendum (68.1%)  Yes
Indiana February 2004 Same-sex marriage[199] 42 7  No
Missouri 2004 Same-sex marriage Passed Passed Placed on Ballot
August 2004 Referendum (70.6%)  Yes
Louisiana May/June 2004 Same-sex marriage and civil unions 31 6 64 29  No
87 11 Placed on Ballot
September 2004 Referendum (77.79%)  Yes
Mississippi 2004 Same-sex marriage Passed Passed Placed on Ballot
November 2004 Referendum (86.01%)  Yes
Georgia February/March 2004 Same-sex marriage and civil unions 40 14 117 50  No
122 52 Placed on Ballot
November 2004 Referendum (76.2%)  Yes
Utah March 2004 Same-sex marriage and civil unions[200] 20 7 58 14 Placed on Ballot
November 2004 Referendum (65.86%)  Yes
Kentucky April 2004 Same-sex marriage and civil unions[201][202] 33 5 85 11 Placed on Ballot
November 2004 Referendum (74.55%)  Yes
Oklahoma April 2004 Same-sex marriage and civil unions 26 19 92 4 Placed on Ballot
November 2004 Referendum (75.58%)  Yes
Kansas January/February 2005 Same-sex marriage and civil unions 28 11 86 37 Placed on Ballot
April 2005 Referendum (69.94%)  Yes
Texas May 2005 Same-sex marriage and civil unions[203] 21 8 101 29 Placed on Ballot
November 2005 Referendum (76.25%)  Yes
Alabama March 2005 Same-sex marriage and civil unions 30 0 85 7 Placed on Ballot
June 2006 Referendum (81.2%)  Yes
South Carolina 2005 Same-sex marriage and civil unions Passed Passed Placed on Ballot
November 2006 Referendum (77.97%)  Yes
South Dakota February 2005 Same-sex marriage and civil unions 20 14 55 14 Placed on Ballot
November 2006 Referendum (51.83%)  Yes
Wisconsin March 2004 Same-sex marriage and civil unions 20 13 68 27 Advanced
February 2006 19 14 62 31 Placed on Ballot
November 2006 Referendum (59.4%)  Yes
Tennessee May 2004 Same-sex marriage 28 1 85 5 Advanced
March 2005 29 3 88 7 Placed on Ballot
November 2006 Referendum (81.25%)  Yes
Idaho February 2006 Same-sex marriage and civil unions[204] 26 9 53 17 Placed on Ballot
November 2006 Referendum (63.4%)  Yes
Virginia March 2006 All types of same-sex unions[205] 28 11 85 12 Placed on Ballot
November 2006 Referendum (57.06%)  Yes
Pennsylvania June 2006 Same-sex marriage[206] 38 12 136 61 Advanced
2007/2008  No
Arizona May/June 2008 Same-sex marriage 14 11 35 25  No
16 4 Placed on Ballot
November 2008 Referendum (56.2%)  Yes
Wyoming February 2009 Same-sex marriage[207] 25 35  No
West Virginia March 2009 Same-sex marriage[208] 30 67  No
Indiana January 2010 Same-sex marriage and civil unions[209] 38 10  No
New Hampshire February 2010 Same-sex marriage[210] 135 201  No
Wyoming January 2011 Same-sex marriage[211] 20 10  No
Iowa February 2011 Same-sex marriage 62 37  No
North Carolina September 2011 Same-sex marriage and civil unions[212] 30 16 75 42 Placed on Ballot
May 2012 Referendum (61.04%)  Yes
Minnesota May 2011 Same-sex marriage[213] 37 27 70 62 Placed on Ballot
November 2012 Referendum (47.44%)  No
Indiana March 2011 Same-sex marriage and civil unions[199] 40 10 70 26  No, Bill was amended
Indiana February 2014 Same-sex marriage[214][215] 32 17 57 40 Advanced
2015  No

Efforts to ban same-sex unions by constitutional amendment

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

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

Notes:

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

State 2000s 2010s 2014 Details
Delaware 2009 A proposed constitutional amendment, Senate Bill 27, to ban same-sex marriage failed.[217] Failed
Indiana 2004
2005
2006
2007
2008
2009
2010
2011
2014 On February 15, 2011, the Indiana House approved a ban on civil unions and marriage (70-26). The bill passed the Indiana Senate by a 40-10 vote. According to state law, the bill must now be approved by the next, separately elected legislature before voters will see the measure on the 2014 ballot.[218] On January 27, 2014, the Indiana House voted 52-43 to remove the ban on civil unions from the proposed measure.[219] On January 28, 2014, the Indiana House voted 57-40 in favor of the amended measure.[220] On February 17, 2014, the Indiana Senate voted 32-17 approving the House-amended version of the ban on gay marriage. The measure will now need to be approved by the next, separately elected legislature before voters are allowed to decide its fate in 2016.[221] Failed
Iowa 2004
2005
2010
2011
After the Iowa Supreme Court made same-sex marriage legal in 2009, a backlash quickly developed that resulted in three of the justices losing their seats in the 2010 election. Additionally, Republicans took control of the House and fell one seat short of taking over the Senate. For a proposed constitutional amendment to come before Iowa voters, it has to be approved in exactly the same form by two consecutive general assemblies.[222] Failed
Minnesota 2004
2005
2006
2007
2009
2011 A bill was sponsored in 2009 but failed to be brought up for a vote. An amendment was introduced again in 2011. The House and Senate bills passed.[223][224] Both are referred to other area. The bill would have been approved by majority by both the Senate and house by May 23, 2011. On May 11, 2011, the Senate passed the bill 38-27.[225] On May 22, 2011, an amendment was passed by the house by a vote of 70-62, and was placed on the ballot in the November 2012 election.[226]  Failed
New Hampshire 2006
2007
2010 On February 17, 2010, a proposed constitutional amendment failed in the house by a 201-135 margin.[227][228] Constitutional amendments in New Hampshire require two-thirds approval from voters. Failed
New Jersey 2006
2007
2008
2010 Bills to place an amendment on the ballot have all failed in the House or Senate Judiciary Committee. Failed
New Mexico 2007
2008
2009
2010
2011
2013
2014 A joint resolution was prefiled in the New Mexico legislature for the 2014 session.[229] The resolution would define marriage as one man and one woman for the state of New Mexico.[230] Failed
Pennsylvania 2006
2008
2009
2010
2011
2013
A joint resolution was introduced in the house of representatives with record low sponsorship on May 8, 2013. The bill would ban same-sex marriages and civil unions. Pennsylvania would become the first northeastern state with a marriage amendment. According to state law, the amendment must receive a majority vote from both chambers of the legislature in two consecutive sessions before voters are allowed to decide its fate. The soonest voters could see the measure is in 2015.[231][232] Failed
West Virginia 2009 2010
2011
West Virginia senators proposed a constitutional amendment for the 2010 ballot that would have defined marriage as "a union between and man and a woman". The amendment was defeated.[233][234] Another proposition was introduced in January 2011[235] but failed to advance. Failed
Wyoming 2009 2011 In 2009, the house of representatives considered an amendment to the state constitution, House Joint Resolution 17 (also known as the "Defense of Marriage" resolution), defining marriage as a union between a man and a woman. The measure was defeated in the house on February 6, with 35 votes against and 25 in favor. On January 27, 2011, the Senate approved an amendment,[236] but it died in the house.[237] Failed

Efforts to ban same-sex unions by statute

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

State Date  Yes vote  No vote Description Final outcome
California March 2000 61% (4,618,673) 39% (2,909,370) Proposition 22. Amend the Family Code to say: Only marriage between a man and a woman is valid or recognized in California.[238]1 Yes but ruled unconstitutional.2

Notes:

Lawsuits seeking to overturn statutory bans

The following lists cases seeking to overturn marriage bans:

State Case Date Vote for Vote against Description Restrictions unconstitutional? Final outcome
Minnesota Richard John Baker v. Gerald R. Nelson October 15, 1971 0 7 Minnesota Supreme Court ruled that Minnesota's marriage statute applied only to opposite-sex couples.[239] The case was appealed to the United States Supreme Court, but dismissed on October 10, 1972.[240] No No
Kentucky Jones v. Callahan November 9, 1973 0 7 Kentucky Court of Appeals ruled that Kentucky's marriage statute applied only to opposite-sex couples.[241]  No  No
Washington Singer v. Hara October 1974 Failed Washington Supreme Court refused to hear an appeal of same-sex couple who were denied a marriage license by their county clerk. Washington Court of Appeals's decision stating that state marriage statutes only applied to opposite-sex couples upheld.[242]  No  No
District of Columbia Dean v. District of Columbia' January 1995 0 9 District of Columbia Court of Appeals ruled that District's marriage statute applied only to opposite-sex couples.[243][244]  No  No
Hawaii Baehr v. Miike December 9, 1999 0 5 Hawaii Supreme Court ruled on May 5, 1993, in a 3 in favor to 1 against decision, that state must provide a compelling interest to restricting marriage to opposite-sex couples. Remanded case to lower courts for trial on the subject. On December 3, 1996, Judge Chang ruled that the state had not established any compelling interest in denying same-sex couples the ability to marry and that, even if it had, it failed to prove that the Hawaii statute was narrowly tailored to avoid unnecessary abridgement of constitutional rights. He enjoined the state from refusing to issue marriage licenses to otherwise-qualified same-sex couples.[245] The following day Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Supreme Court reverse him on appeal.[246] Hawaii Supreme Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment.[247]  No  No
Vermont Baker v. Vermont December 20, 1999 5 0 Vermont Supreme Court rules that same-sex marriage or something similar must be implemented in 100 days.[248]  Yes  Legalized civil unions in Vermont by Vermont General Assembly
Alaska Brause v. Alaska Dept of Health & Social Services April 17, 2001 0 5 Alaska Supreme Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment.[249]  No  No
Massachusetts Goodridge v. Department of Public Health November 18, 2003 4 3 Massachusetts Supreme Judicial Court rules that same-sex marriages must be legal in 180 days.[250]  Yes  Legalized same-sex marriage in Massachusetts on May 17, 2004
Arizona Harold Donald Standhardt and Tod Alan Keltner v. State of Arizona May 25, 2004 Failed Arizona Supreme Court refused to hear an appeal of a unanimous Arizona Appellate Court ruling upholding statutory marriage ban.[251][252] No No
Louisiana Forum for Equality v McKeithen January 19, 2005 0 7 District Judge William Morvant of Baton Rouge struck down the constitutional amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject. The Louisiana Supreme Court however upheld the constitutional amendment.[253] No No
Oregon Mary Li and Rebecca Kennedy et al. v. State of Oregon et al. April 2005 0 7 Oregon Supreme Court ruled that plaintiffs' arguments were moot in light of 2004 state constitutional amendment banning same-sex marriage.[254] No No
New York Hernandez v. Robles July 6, 2006 2 4 New York Court of Appeals upheld New York's marriage statute did not allow same-sex marriage, and that there is no constitutional right to same-sex marriage.[255] No No
Georgia Perdue v. O'Kelley July 7, 2006 0 7 On May 16, 2006, Constance C. Russell of Fulton County Superior Court struck down the constitutional amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject. The Georgia Supreme Court however upheld the constitutional amendment.[256] No No
Washington Andersen v. King County July 26, 2006 4 5 Washington Supreme Court upholds Washington's statute banning same-sex marriage.[257] No No
New Jersey Lewis v. Harris October 25, 2006 7 0 New Jersey Supreme Court rules that same-sex marriage or something similar must be implemented in 100 days.[258]  Yes  Legalized civil unions in New Jersey by New Jersey General Assembly
Maryland Conaway v. Deane & Polyak September 2007 3 4 Maryland Court of Appeals upholds Maryland's statute banning same-sex marriage.[259] No No
Michigan Pride at Work v. Granholm May 7, 2008 5 2 Michigan Supreme Court ruled that Michigan's constitutional amendment banning same-sex marriage and civil unions also applies to domestic partner benefits.[260][261]  No  Constitution of Michigan prohibits domestic partner benefits for same-sex couples
California In re Marriage Cases May 15, 2008 4 3 California Supreme Court overturns Proposition 22 and rules that in 30 days, same-sex marriages must be legal.[262]  Yes  Same-sex marriage licenses issued in California from June 17, 2008 to November 5, 2008
 On November 5, 2008, Proposition 8 goes into effect banning same-sex marriage in the Constitution of California
Connecticut Kerrigan v. Commissioner of Public Health October 10, 2008 4 3 Connecticut Supreme Court rules that same-sex marriages must be legal in 30 days.[263]  Yes  Legalized same-sex marriage in Connecticut on November 12, 2008
Iowa Varnum v. Brien April 2009 7 0 Iowa Supreme Court rules that same-sex marriages must be legal in 27 days.[264]  Yes  Legalized same-sex marriage in Iowa on April 27, 2009
California Strauss v. Horton May 26, 2009 1 6 California Supreme Court upholds Proposition 8; however, same-sex marriages performed before November 5, 2008, are also upheld.[265]  No California Supreme Court upholds Proposition 8; however, same-sex marriages performed before November 5, 2008, are also upheld.
New York Lewis v. New York State Department of Civil Service November 2009 3 2 The case challenging the recognition of same-sex marriages in the state of New York was heard by New York Court of Appeals and upheld the rights that came with the recognition of same-sex marriages.[266] Recognition upheld Continuing the recognition of same-sex marriages abroad.
Wisconsin McConkey v. Van Hollen June 30, 2010 0 7 Wisconsin Supreme Court upholds constitutional amendment.[267] No No
Wyoming Christiansen v. Christiansen June 2011 Allowed Wyoming Supreme Court allows two Wyoming residents to dissolve a legal relationship created under the laws of Canada.[268] Yes Couple can divorce in Wyoming
Maryland McConkey v. Van Hollen May 18, 2012 7 0 Maryland Court of Appeals upholds Maryland's recognition of out-of-state same-sex marriages.[269] Recognition upheld Continuing the recognition of same-sex marriages abroad.
Wisconsin Appling v. Doyle July 31, 2014 7 0 On November 4, 2009, Wisconsin Supreme Court declined to hear the challenge to Wisconsin's domestic partnership.[270] On June 20, 2011, the Circuit court Judge Dan Moeser ruled that the domestic partnership registry does not violate the state constitution, finding that the state "does not recognize domestic partnership in a way that even remotely resembles how the state recognizes marriage".[271] On December 21, 2012, District 4 Court of Appeals affirms Judge Moeser's decision in a unanimous ruling.[272] On July 31, 2014, the Wisconsin Supreme Court ruled unanimously that the domestic partnership law does not violate the state's constitutional ban on same-sex marriage.[273] Recognition upheld Wisconsin's domestic partnership law is upheld.
Montana Donaldson and Guggenheim v. State of Montana December 2012 3 4 Montana Supreme Court affirmed a lower court's dismissal of this case because the plaintiffs had not identified specific state statutes in their complaint. They did not seek the right to marry, but equal treatment for same-sex couples with respect to inheritance rights, health care decisions, and parenting. The Court invited the plaintiffs to file an amended complaint citing specific statutes,[274] which the plaintiffs, did on April 16, 2013.[275] No Pending (Lewis and Clark County District Court)
New Mexico Griego v. Oliver December 19, 2013 5 0 On 21 March 2013 ACLU filed a lawsuit in the Albuquerque District court on behalf of two New Mexico couples who are seeking the right to marry. On 19 December 2013 New Mexico's Supreme Court declared that denying marriage to same-sex couples is unconstitutional in the state.[276]  Yes Legalized same-sex marriage in New Mexico on December 19, 2013
Texas In Re Marriage of J.B. and H.B. June 19, 2015 n/a n/a County judge ruled statutory and constitutional ban on same-sex marriage in violation of the US constitution; appealed to 5th Texas Court of Appeals. The court says Texas's same-sex marriage ban is constitutional.[277] The Fifth Circuit denied en banc review. J.B. sought review from the Texas Supreme Court in February 2011 and that court requested briefs in October.[278] On July 3, 2013, the Texas Supreme Court sua sponte ordered supplemental merits briefing in light of United States v. Windsor.[279] Case dismissed on June 19, 2015 because a Petitioner died.
Texas Texas v. Naylor June 19, 2015 5 3 On January 7, 2011, the Third Court of Appeals in Austin in the case of State of Texas v. Angelique S. Naylor and Sabina Daly rejected, on procedural grounds, the Texas attorney general's appeal of a divorce granted by a lower court to a same-sex couple married in Massachusetts.[280][281] The appeal was still pending in December 2012.[282] Third Court of Appeals upheld in a 5-3 decision on June 19, 2015. The Court ruled that the Texas government had no standing to intervene in the divorce.

See also

References

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  2. 28 U.S.C. § 1738C
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