Same-sex marriage legislation in the United States

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.

Marriage
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On June 26, 2015, 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
See also: Same-sex marriage law in the United States by state

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
Rhode Island July 2001 Domestic partnership[18] Passed Passed Signed  Yes
California August 2001 Domestic partnership (expansion)[19] 22 12 41 27 Signed  Yes
California October 2001 Domestic partnership (expansion)[20] 23 11 41 32 Signed  Yes
New York August 2002 Domestic partnership[21] Passed 147 0 Signed  Yes
New York August 2002 Domestic partnership (expansion)[22] Passed 147 0 Signed  Yes
California September 2002 Domestic partnership (expansion)[23] 26 11 41 31 Signed  Yes
California September 2002 Domestic partnership (expansion)[24] 23 13 43 27 Signed  Yes
District of Columbia April 2003 Domestic partnership (expansion)[25] N/A Passed Signed  Yes
California September 2003 Domestic partnership (expansion)[26] 23 14 41 33 Signed  Yes
New Jersey January 2004 Domestic partnership[27] 23 9 41 28 Signed  Yes
Maine April 2004 Domestic partnership[28] 18 14 84 58 Signed  Yes
District of Columbia May 2004 Domestic partnership (expansion)[29] N/A Passed Signed  Yes
California September 2004 Domestic partnership (expansion)[30] 23 12 46 29 Signed  Yes
New York September 2004 Domestic partnership (expansion)[31] Passed 141 1 Signed  Yes
District of Columbia December 2004 Domestic partnership (expansion)[32] N/A Passed Signed  Yes
District of Columbia January 2005 Domestic partnership (expansion)[33] N/A Passed Signed  Yes
Connecticut April 2005 Civil union[34] 27 9 85 63 Signed  Yes
Maryland May 2005 Domestic partnership[35] 31 16 83 50 Vetoed  No
California June 2005 Marriage[36] — — Failed —  No
Rhode Island June 2005 Domestic partnership (expansion)[37][38] Passed — — —  No
Rhode Island July 2005 Domestic partnership (expansion)[39][40] Passed — — —  No
California September 2005 Marriage[41] 21 15 41 35 Vetoed  No
California September 2005 Domestic partnership (expansion)[42] 23 15 47 28 Signed  Yes
California September 2005 Domestic partnership (expansion)[43] 21 14 47 32 Signed  Yes
District of Columbia December 2005 Domestic partnership (expansion)[44] N/A Passed Signed  Yes
New Jersey January 2006 Domestic partnership (expansion)[45] 39 0 67 8 Signed  Yes
District of Columbia January 2006 Domestic partnership (expansion)[46] N/A Passed Signed  Yes
New York March 2006 Domestic partnership (expansion)[47] Passed 96 25 Signed  Yes
Maine April 2006 Domestic partnership (expansion)[48] Passed Passed Signed  Yes
New York June 2006 Domestic partnership (expansion)[49] — — 114 27 —  No
New York June 2006 Domestic partnership (expansion)[50] — — 116 27 —  No
Rhode Island June 2006 Domestic partnership (expansion)[51][52] Passed Passed N/A4  Yes
Rhode Island June 2006 Domestic partnership (expansion)[53][52] Passed Passed N/A4  Yes
Rhode Island July 2006 Domestic partnership (expansion)[54][55] Passed Passed N/A4  Yes
Rhode Island July 2006 Domestic partnership (expansion)[56][55] Passed Passed N/A4  Yes
Rhode Island July 2006 Domestic partnership (expansion)[57][58] Passed Passed N/A4  Yes
California September 2006 Domestic partnership (expansion)[59] 24 15 46 29 Signed  Yes
California September 2006 Domestic partnership (expansion)[60] 23 15 47 31 Signed  Yes
New Jersey December 2006 Civil union[61] 23 12 56 19 Signed  Yes
District of Columbia December 2006 Domestic partnership (expansion)[62] N/A Passed Signed  Yes
New Hampshire April 2007 Civil union[63] — — Failed —  No
Washington April 2007 Registered domestic partnership[64] 28 19 63 35 Signed  Yes
Oregon May 2007 Domestic partnership[65] 21 9 34 26 Signed  Yes
Maine May 2007 Domestic partnership (expansion)[66] Passed Passed Signed  Yes
New Hampshire May 2007 Civil union[67] 14 10 243 129 Signed  Yes
Maine June 2007 Domestic partnership (expansion)[68] Passed Passed Signed  Yes
Maine June 2007 Domestic partnership (expansion)[69] Passed Passed Signed  Yes
New York June 2007 Marriage[70] — — 85 61 —  No
Rhode Island July 2007 Domestic partnership (expansion)[71][72] Passed Passed N/A4  Yes
California September 2007 Marriage[73] 22 15 42 34 Vetoed  No
California October 2007 Domestic partnership (expansion)[74] Passed Passed Signed  Yes
Rhode Island October 2007 Domestic partnership (expansion)[75][72] Passed Passed Vetoed 1  Yes
New Hampshire January 2008 Contractual cohabitation[76] Failed — — —  No
New York January 2008 Domestic partnership (expansion)[77] Passed — — —  No
New Mexico February 2008 Domestic partnership[78] — — 33 31 —  No
Washington March 2008 Registered domestic partnership (expansion)[79][80]' 29 20 62 32 Signed  Yes
Maine March 2008 Domestic partnership (expansion)[81] Passed Passed Signed  Yes
Maryland April 2008 Domestic partnership[82] — — 86 51 —  No
Maryland May 2008 Domestic partnership[83] 30 17 88 46 Signed  Yes
Maryland May 2008 Domestic partnership[84] 27 20 86 47 Signed  Yes
District of Columbia May 2008 Domestic partnership (expansion)[85] N/A Passed Signed  Yes
New Mexico February 2009 Domestic partnership[86] 17 25 — — —  No
Vermont April 2009 Marriage[87] 23 5 100 49 Vetoed 1  Yes
Colorado April 2009 Designated beneficiary agreement[88] 23 10 41 24 Signed  Yes
Connecticut April 2009 Marriage (codification)[89] 28 7 100 44 Signed  Yes
Maine May 2009 Marriage[90] 21 14 89 58 Signed  No2
District of Columbia May 2009 Marriage (recognition only)[91][92] N/A Passed Signed  Yes
Washington May 2009 Registered domestic partnership (expansion)[93] 30 18 62 35 Signed  Yes3
District of Columbia May 2009 Domestic partnership (expansion)[94] N/A Passed Signed  Yes
Maine May 2009 Domestic partnership (expansion)[95] Passed Passed Signed  Yes
Nevada May 2009 Domestic partnership[96][97] 14 7 28 14 Vetoed1  Yes
New Hampshire June 2009 Marriage[98] 14 10 198 176 Signed  Yes
Oregon June 2009 Domestic partnership (expansion)[99] 27 0 41 8 Signed  Yes
Wisconsin June 2009 Domestic partnership 17 16 50 48 Signed  Yes
New York August 2009 Domestic partnership (expansion)[100] Passed 142 0 Signed  Yes
California October 2009 Out-of-state pre-proposition 8 marriage recognition[101] 24 14 44 27 Signed  Yes
New York December 2009 Marriage[102] 24 38 89 52 —  No
District of Columbia December 2009 Marriage[103] N/A 11 2 Signed  Yes
Rhode Island January 2010 Domestic partnership (expansion)[104][105] Passed Passed Vetoed 1  Yes
Rhode Island January 2010 Domestic partnership (expansion)[106][107] Passed Passed Vetoed 1  Yes
New York January 2010 Domestic partnership (expansion)[108][109] 61 0 142 0 Signed  Yes
New Jersey January 2010 Marriage[110] 14 20 — — —  No
New York March 2010 Domestic partnership (expansion)[111] — — 119 20 —  No
New York March 2010 Domestic partnership (expansion)[112][113] Passed 137 5 Signed  Yes
New York April 2010 Domestic partnership (expansion)[114][115] — — 132 9 —  No
Minnesota May 2010 Domestic partnership (only 1 entitlement)[116] 41 24 78 55 Vetoed  No
Hawaii July 2010 Civil union[117] 18 7 31 20 Vetoed  No
New York August 2010 Committed partnership[118][119] 50 11 107 26 Signed  Yes
California September 2010 Domestic partnership (expansion)[120] 23 12 53 24 Signed  Yes
Illinois January 2011 Civil union[121][122][123] 32 24 61 52 Signed  Yes
Hawaii February 2011 Civil union[124] 18 5 31 19 Signed  Yes
New Hampshire March 2011 Domestic union[125] — — Failed —  No
Maryland March 2011 Marriage[126][127] 25 21 — — —  No
Colorado March 2011 Civil union[128][129] 23 12 — — —  No
Washington April 2011 Recognition of out-of-state union as registered domestic partnership[130] 28 19 58 39 Signed  Yes
Nevada May 2011 Recognition of out-of-state union as domestic partnership[131] 21 0 41 0 Signed  Yes
Washington May 2011 Registered domestic partnership (expansion)[132] 27 21 57 40 Signed  Yes
Delaware May 2011 Civil union[133] 13 6 26 15 Signed  Yes
Nevada May 2011 Domestic partnership (expansion)[134] 11 10 — — —  No
New York June 2011 Marriage[135] 33 29 80 63 Signed  Yes
Rhode Island July 2011 Civil union[136] 21 16 62 11 Signed  Yes
California September 2011 Domestic partnership (expansion)[137] 22 13 52 25 Signed  Yes
California October 2011 Domestic partnership (expansion)[138] 25 15 Passed Signed  Yes
California October 2011 Domestic partnership (expansion)[139] 24 13 Passed Signed  Yes
Washington February 2012 Marriage[140] 28 21 55 43 Signed  Yes3
New Jersey February 2012 Marriage[141] 24 16 42 33 Vetoed  No
Maryland March 2012 Marriage[142] 25 22 72 67 Signed  Yes3
New York April 2012 Domestic partnership (expansion)[143] — — 129 10 —  No
Colorado May 2012 Civil union[144] 23 12 — — —  No
New Jersey August 2012 Civil union and domestic partnership (expansion: surrogacy)[145] 21 11 41 33 Vetoed  No
Wyoming January 2013 Domestic partnership[146] — — 24 35 —  No
Colorado March 2013 Civil union[147] 21 14 39 26 Signed  Yes
Rhode Island May 2013 Marriage[148][149] 26 12 56 15 Signed  Yes
Delaware May 2013 Marriage[150] 12 9 23 18 Signed  Yes
Minnesota May 2013 Marriage[151] 37 30 75 59 Signed  Yes
Nevada June 2013 Domestic partnership (expansion)[152] 21 0 41 0 Signed  Yes
Hawaii November 2013 Marriage[153] 19 4 30 19 Signed  Yes
Illinois November 2013 Marriage[154][155] 32 21 61 54 Signed  Yes
New York February 2014 Marriage (codification)[156][157] — — 125 10 —  No
Wyoming February 2014 Marriage[158] — — 17 41 —  No
New York April 2014 Domestic partnership (expansion)[159][160] — — 124 14 —  No
California July 2014 Marriage (statutory codification)[161][162][163] 25 10 51 11 Signed  Yes
Virginia February 2015 Marriage (statutory codification)[164][165][166] 20 18 — — —  No
Utah March 2015 Marriage (partial statutory codification)[167] 26 0 39 30 Signed  Yes
New Mexico April 2015 Marriage (partial codification)[168][169] 35 5 37 10 Signed  Yes
Nevada June 2015 Domestic partnership (expansion)[170] 21 0 42 0 Signed  Yes
Nevada June 2015 Domestic partnership (expansion)[171] 19 0 41 1 Signed  Yes
New Jersey June 2015 Marriage, civil union and domestic partnership (expansion: surrogacy)[172] 21 13 43 25 Vetoed  No
Maine June 2015 Marriage (expansion)[173] 35 0 141 0 Vetoed1  Yes
Oregon July 2015 Marriage (statutory codification)[174] 18 11 40 18 Signed  Yes
Guam August 2015 Marriage (codification)[175][176][177] N/A 13 2 N/A4  Yes
New York September 2015 Marriage (codification)[178][179] 60 0 146 1 Signed  Yes
District of Columbia December 2015 Domestic partnership (expansion)[180] N/A Passed Signed  Yes
Oregon March 2016 Marriage (statutory codification)[181][182] 18 11 43 13 Signed  Yes
New York March 2016 Marriage (codification)[183][184] — — 129 12 —  No
New York April 2016 Domestic partnership (expansion)[185] — — 120 15 —  No
Colorado June 2016 Conversion of civil union into marriage[186][187] 34 0 52 13 Signed  Yes
North Carolina June 2016 Marriage (partial statutory codification)[188] — — Passed —  No
California July 2016 Marriage and domestic partnership (statutory codification)[189][190] 34 0 63 1 Signed  Yes
North Dakota January 2017 Marriage (statutory codification)[191][192] 15 31 — — —  No
New Mexico February 2017 Marriage (partial codification)[193][194] — — 63 0 —  No
Utah March 2017 Marriage (partial statutory codification)[195] 26 0 74 0 Signed  Yes
Utah March 2017 Marriage (partial statutory codification)[196] 29 0 69 3 Signed  Yes
Utah March 2017 Marriage (partial statutory codification)[197] 27 0 68 0 Signed  Yes
Maryland May 2017 Domestic partnership (expansion)[198] 138 2 45 0 Signed  Yes
Nevada May 2017 Marriage (statutory codification)[199] 20 1 28 10 Signed  Yes
Nevada June 2017 Domestic partnership (expansion)[200] 21 0 41 0 Signed  Yes
New York June 2017 Marriage (codification)[201] 62 0 139 0 Signed  Yes
New Jersey June 2017 Marriage, civil union and domestic partnership (expansion: surrogacy)[202] 22 15 — — —  No
North Carolina July 2017 Marriage (partial statutory codification)[203] Passed Passed Signed  Yes
Maine July 2017 Marriage (codification)[204] Passed Passed N/A4  Yes
Maryland January 2018 Domestic partnership (expansion)[205] 135 2 45 1 Vetoed  No
New Mexico February 2018 Marriage (partial codification)[206] — — 60 2 —  No
New York March 2018 Marriage (codification)[207] — — 129 6 —  No
Utah March 2018 Marriage (partial statutory codification)[208] 27 0 70 0 Signed  Yes
Utah March 2018 Marriage (partial statutory codification)[209] 23 0 73 0 Signed  Yes
Utah March 2018 Marriage (partial statutory codification)[210] 23 4 44 24 Signed  Yes
Utah March 2018 Marriage (partial statutory codification)[211] 25 3 45 26 Signed  Yes
New York April 2018 Domestic partnership (expansion)[212] — — 114 17 —  No
Minnesota May 2018 Marriage (codification)[213] 34 33 78 50 Vetoed  No
New Jersey May 2018 Marriage, civil union and domestic partnership (expansion: surrogacy)[214] Passed Passed Signed  Yes
New York June 2018 Marriage (codification)[215] 57 4 — — —  No
New Hampshire June 2018 Marriage (equalization of marriageable age)[216] Passed Passed Signed  Yes
Arkansas March 2019 Marriage (partial statutory codification)[217] 35 0 96 0 Signed  Yes
Nebraska March 2019 Marriage (partial statutory codification)[218] N/A 38 6 Signed  Yes
New Mexico March 2019 Marriage (partial codification)[219] — — 53 2 —  No
Virginia March 2019 Marriage (expansion: surrogacy)[220] 28 12 63 36 Signed  Yes
New Mexico March 2019 Marriage (partial codification)[221] 32 8 40 25 Signed  Yes
Nebraska March 2019 Marriage (partial statutory codification)[222] N/A 45 0 Signed  Yes
Utah March 2019 Marriage (partial statutory codification)[223] 22 2 55 6 Signed  Yes
Utah March 2019 Marriage (partial statutory codification)[224] 29 0 69 4 Signed  Yes
New Mexico April 2019 Marriage (partial codification)[225] 39 0 62 0 Signed  Yes
Maryland May 2019 Marriage (expansion)[226] 34 10 121 15 Signed  Yes
Maryland May 2019 Marriage (expansion)[227] 31 14 133 6 Signed  Yes
Oklahoma May 2019 Marriage (expansion: surrogacy)[228] 33 10 84 6 Signed  Yes
Nebraska May 2019 Marriage (partial statutory codification)[229] N/A 40 3 Signed  Yes
Nebraska May 2019 Marriage (partial statutory codification)[230] N/A 33 8 Vetoed  No
Minnesota May 2019 Marriage (codification)[231][232] 52 15 74 50 Signed  Yes
Rhode Island June 2019 Marriage (expansion)[233] 35 0 — — —  No
Maine June 2019 Marriage (codification)[234] Passed Passed Signed  Yes
Delaware July 2019 Marriage (codification)[235] 20 1 37 4 Signed  Yes
New York October 2019 Marriage (codification)[236] 61 0 121 23 Signed  Yes
New York December 2019 Domestic partnership (expansion)[237][238] 59 0 122 24 Signed  Yes
New Hampshire January 2020 Marriage (codification)[239] — — Failed —  No
New Mexico February 2020 Marriage (partial codification)[240] 42 0 64 0 Signed  Yes
Nebraska February 2020 Marriage (partial statutory codification)[241] N/A 47 0 Signed  Yes
New Mexico February 2020 Marriage (partial codification)[242] 40 0 67 0 Signed  Yes
Virginia March 2020 Marriage (partial statutory codification)[243] 28 12 63 34 Signed  Yes
Virginia March 2020 Marriage (partial statutory codification)[244] 25 13 62 38 Signed  Yes
Virginia March 2020 Marriage (partial statutory codification)[245] 33 6 58 42 Signed  Yes
Utah March 2020 Marriage (partial statutory codification)[246] 24 1 70 0 Signed  Yes
Utah March 2020 Marriage (partial statutory codification)[247] 27 0 71 0 Signed  Yes
Virginia April 2020 Marriage (partial statutory codification)[248] 39 1 91 6 Signed  Yes
New York April 2020 Marriage (expansion)[249][250] Passed Passed Signed  Yes
Virginia April 2020 Marriage (statutory codification)[251] 24 16 53 43 Signed  Yes
New York April 2020 Domestic partnership (expansion)[252][253] 62 0 131 11 Signed  Yes
Puerto Rico June 2020 Marriage (codification)[254][255] Passed Passed Signed  Yes
North Carolina June 2020 Marriage (partial statutory codification)[256] 47 0 Passed Pending
Nevada May 2017 Marriage (constitutional codification)[257][258] 19 2 27 14 N/A
May 2019 19 2 38 2
Hawaii 2020 Marriage and civil union (codification)[259] Pending Passed
New Hampshire 2020 Marriage (codification)[260] Passed Pending
Rhode Island 2020 Marriage (expansion)[261] 31 0 Pending
Massachusetts 2020 Marriage (expansion)[262][263] Pending Pending
New Jersey 2020 Marriage and civil union (partial codification)[264] 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
outcome1
Yes No Yes No
Maryland May 1973 Marriage[265] Passed Passed Signed  Yes2
Texas June 1973 Marriage[266][267] Passed Passed Signed  Yes
Oklahoma February 1975 Marriage[268] Passed Passed Signed  Yes
Arizona April 1975 Marriage[269] Passed Passed Signed  Yes
Virginia August 1975 Marriage[270] Passed Passed Signed  Yes
Utah April 1977 Marriage[271] Passed Passed Signed  Yes
Florida June 1977 Marriage[272][273][274] 37 0 101 11 Signed  Yes
Illinois June 1977 Marriage[275] Passed Passed Signed  Yes2
California August 1977 Marriage[276] 23 5 68 2 Signed  Yes2
Wyoming October 1977 Marriage[277] Passed Passed Signed  Yes
Wisconsin July 1979 Marriage[278] Passed Passed Signed  Yes
New Hampshire July 1987 Marriage[279][280] Passed Passed Signed  Yes2
New Hampshire March 1994 Recognition of out-of-state marriage[281] 11 12 — — —  No
Guam May 1994 Marriage[282] N/A Passed Signed  Yes2
Hawaii June 1994 Marriage[283] Passed Passed Signed  Yes2
Utah March 1995 Marriage[284] Passed Passed Signed  Yes
South Dakota January 1996 Marriage[285][286][287] 26 8 49 18 Signed  Yes
Idaho February 1996 Marriage[286][288] 24 6 66 4 Signed  Yes
Idaho March 1996 Recognition of out-of-state marriage[289] 28 4 59 6 Signed  Yes
Colorado March 1996 Marriage[290] Passed Passed Vetoed  No
Kansas April 1996 Marriage[286][291] 39 1 87 38 Signed  Yes
Georgia April 1996 Marriage[285][286][292] 47 0 135 10 Signed  Yes
Arizona May 1996 Marriage[285][286][293] 21 9 50 5 Signed  Yes
Alaska May 1996 Marriage and civil union[286][294][295] 16 3 31 9 N/A3  Yes
Illinois May 1996 Marriage[296][297] 42 9 87 17 Signed  Yes2
Tennessee May 1996 Marriage[285][286] Passed 90 1 Signed  Yes
South Carolina May 1996 Marriage[298][299] Passed 82 0 Signed  Yes
Michigan June 1996 Marriage[300][301] 31 2 88 14 Signed  Yes
Michigan June 1996 Recognition of out-of-state marriage[300][301] Passed 74 28 Signed  Yes
Delaware June 1996 Marriage[302] 17 3 39 0 Signed  Yes2
North Carolina June 1996 Marriage and recognition of out-of-state marriage[303][304][305] 41 4 98 10 Signed  Yes
Missouri July 1996 Marriage[306] 29 2 131 10 Signed  Yes
California August 1996 Marriage[307] 20 21 Passed —  No
Oklahoma September 1996 Marriage[285][286] 42 2 99 0 Signed  Yes
Pennsylvania October 1996 Marriage[308][309] 43 5 189 13 Signed  Yes
Mississippi February 1997 Marriage[310] 50 0 118 3 Signed  Yes
Arkansas February 1997 Marriage[285][311] 34 0 92 2 Signed  Yes
North Dakota February 1997 Marriage[285][312] 43 6 73 18 Signed  Yes
Texas February 1997 Marriage[310][313] Passed Passed Signed  Yes
Washington February 1997 Marriage[314] 33 15 63 35 Vetoed  No
Virginia March 1997 Recognition of out-of-state marriage[285][315] 40 0 87 9 Signed  Yes
Maine March 1997 Marriage[316] 24 10 106 39 N/A3  Yes2
Indiana April 1997 Marriage[317][318] 38 10 85 9 Signed  Yes
Montana April 1997 Marriage and civil union[285][319] 45 5 73 23 Signed  Yes
Florida May 1997 Recognition of out-of-state marriage and civil union[285][320] 33 5 97 19 N/A3  Yes
Minnesota June 1997 Marriage[286][321] 64 0 108 20 Signed  Yes2
Colorado June 1997 Marriage[322] Passed Passed Vetoed  No
Washington February 1998 Marriage[323][324] 34 11 65 28 Vetoed 4  Yes2
Kentucky April 1998 Marriage and recognition out-of-state marriage[286][325] 32 2 84 9 Signed  Yes
Alabama May 1998 Marriage[326] 30 0 79 12 Signed  Yes
Hawaii November 1998 Marriage[285] Passed Passed Signed  Yes2
Puerto Rico March 1999 Marriage[327] Passed Passed Signed  Yes
Louisiana July 1999 Marriage and recognition of out-of-state marriage[328] 32 0 95 0 Signed  Yes
West Virginia March 2000 Marriage[329] Passed 96 3 Signed  Yes
New Hampshire March 2000 Recognition of out-of-state marriage[330] — — 128 232 —  No
Colorado May 2000 Marriage[331] Passed 37 28 Signed  Yes
New Hampshire March 2001 Recognition of out-of-state civil union[332] — — 88 276 —  No
Missouri July 2001 Marriage[333] Passed Passed Signed  Yes
American Samoa March 2003 Marriage[334] Failed — — —  No
New Hampshire March 2003 Recognition of out-of-state civil union[335] — — Failed —  No
Texas May 2003 Recognition of out-of-state same-sex marriage and civil union[336] Passed Passed Signed  Yes
Wisconsin November 2003 Marriage[337][338] 22 10 68 29 Vetoed  No
Ohio February 2004 Marriage, recognition of out-of-state marriage, and civil union[285][339] 72 22 18 15 Signed  Yes
Utah March 2004 Civil union[285] Passed Passed Signed  Yes
Virginia April 2004 Civil union[285][340] 27 12 69 30 N/A3  Yes
New Hampshire May 2004 Recognition of out-of-state marriage[341] 16 7 215 137 Signed  Yes2
Wyoming February 2007 Recognition of out-of-state marriage[342] 21 8 — — —  No
New Hampshire March 2008 Recognition of out-of-state union[343] — — Failed —  No
New Hampshire March 2009 Civil union[344] — — 136 205 —  No
New Hampshire February 2010 Marriage[345][346] — — 109 210 —  No
Wyoming March 2011 Recognition of out-of-state marriage[347] 14 16 31 28 —  No
New Hampshire March 2012 Marriage[348] — — 116 211 —  No
Wyoming February 2014 Recognition of out-of-state marriage[158] — — 29 31 —  No

Notes:

  • 1 On June 26, 2015, 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.
  • 2 Subsequently repealed.
  • 3 The bill was allowed to lapse into law.
  • 4 Veto overridden.

Attempts to establish same-sex unions via initiative or statewide referendum
State Intended date Same-sex union Description Outcome
Maine November 2012 Marriage Initiative to establish same-sex marriage.[349]  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[350] 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[351] 20 7 58 14 Placed on Ballot
November 2004 Referendum (65.86%)  Yes
Kentucky April 2004 Same-sex marriage and civil unions[352][353] 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[354] 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[355] 26 9 53 17 Placed on Ballot
November 2006 Referendum (63.4%)  Yes
Virginia March 2006 All types of same-sex unions[356] 28 11 85 12 Placed on Ballot
November 2006 Referendum (57.06%)  Yes
Pennsylvania June 2006 Same-sex marriage[357] 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[358] — — 25 35  No
West Virginia March 2009 Same-sex marriage[359] — — 30 67  No
Indiana January 2010 Same-sex marriage and civil unions[360] 38 10 — —  No
New Hampshire February 2010 Same-sex marriage[361] — — 135 201  No
Wyoming January 2011 Same-sex marriage[362] 20 10 — —  No
Iowa February 2011 Same-sex marriage — — 62 37  No
North Carolina September 2011 Same-sex marriage and civil unions[363] 30 16 75 42 Placed on Ballot
May 2012 Referendum (61.04%)  Yes
Minnesota May 2011 Same-sex marriage[364] 37 27 70 62 Placed on Ballot
November 2012 Referendum (47.44%)  No
Indiana March 2011 Same-sex marriage and civil unions[350] 40 10 70 26  No, Bill was amended
Indiana February 2014 Same-sex marriage[365][366] 32 17 57 40 Advanced
2015 — — — —  No

Efforts to ban same-sex unions by constitutional amendment
See also: List of U.S. state constitutional amendments banning same-sex unions by type and U.S. state constitutional amendments banning same-sex unions

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
outcome1
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
Alaska Ballot Measure 2 Marriage November 3, 1998 152,965 68.1% 71,631 31.9% 224,596 50.11% 453,332  Yes
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
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
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  Yes2
Colorado Amendment 43 Marriage November 7, 2006 855,126 55.02% 699,030 44.98% 1,554,156 47.13% 3,297,308  Yes
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
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
Hawaii Constitutional Amendment 2 Marriage ban
permitted		 November 3, 1998 285,384 69.18% 117,827 28.56% 403,211  Yes3
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
Kansas Proposed amendment 1 Marriage and
civil union		 April 5, 2005 417,675 69.94% 179,432 30.06% 597,107  Yes
Kentucky Constitutional Amendment 1 Marriage and
civil union		 November 2, 2004 1,222,125 74.55% 417,097 25.45% 1,639,222 53.6% 3,057,741  Yes
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
Michigan State Proposal - 04-2 All types of same-sex unions4 November 2, 2004 2,698,077 58.63% 1,904,319 41.37% 4,602,396 63.36% 7,263,024  Yes
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
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
Montana Initiative 96 Marriage November 2, 2004 295,070 66.55% 148,263 33.45% 443,333 63.41% 699,114  Yes
Nebraska Initiative Measure 416 All types of same-sex unions November 7, 2000 450,07 70.36% 189,555 29.64% 639,628 52.24% 1,224,178  Yes
Nevada Question 2 Marriage November 7, 2000 412,688 69.62% 180,077 30.38% 592,765 44.03% 1,346,116  Yes
Nevada Question 2 Marriage November 7, 2002 337,197 67.20% 164,573 32.80% 501,770 42.61% 1,391,100  Yes
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
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
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
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
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
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
South Dakota Amendment C All types of same-sex unions November 7, 2006 172,305 51.83% 160,152 48.17% 332,457 57.26% 580,592  Yes
Tennessee Amendment 1 Marriage November 7, 2006 1,419,434 81.3% 327,536 18.7% 1,746,970 39.4% 4,433,921  Yes
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
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  Yes5
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
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

Notes:

  • 1 On June 26, 2015, 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.
  • 2 On June 26, 2013, the United States Supreme Court ruled that supporters of the measure did not have standing in federal court to defend the August 2010 ruling by Northern District of California's Chief Judge Vaughn Walker that the amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, effectively killing the ballot initiative.
  • 3 Does not explicitly define marriage, but allows the legislature to define marriage.
  • 4 On June 28, 2013, U.S. District Judge David M. Lawson issued a preliminary injunction blocking the state from enforcing its law banning local governments and school districts from offering health benefits to their employees' domestic partners.[367][368]
  • 5 On December 20, 2013, Judge Robert J. Shelby of Federal District Court for the District of Utah, issued a 53-page ruling that said Utah's law, which was passed by voters in 2004, violated the US Constitutional rights of gay and lesbian couples to due process and equal protection under the 14th Amendment.[369]

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.[370] 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.[371] On January 27, 2014, the Indiana House voted 52-43 to remove the ban on civil unions from the proposed measure.[372] On January 28, 2014, the Indiana House voted 57-40 in favor of the amended measure.[373] 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.[374] 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.[375] 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.[376][377] 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.[378] On May 22, 2011, an amendment was passed in the house by a vote of 70-62, and was placed on the ballot in the November 2012 election.[379]  Failed
New Hampshire 2006
2007		 2010 On February 17, 2010, a proposed constitutional amendment failed in the house by a 201-135 margin.[380][381] 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.[382] The resolution would define marriage as one man and one woman for the state of New Mexico.[383] 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.[384][385] 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.[386][387] Another proposition was introduced in January 2011[388] 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,[389] but it died in the house.[390] 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.[391]1 Yes2 3

Notes:

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

Lawsuits seeking to overturn statutory bans
See also: Same-sex marriage in the United States

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.[392] The case was appealed to the United States Supreme Court, but dismissed on October 10, 1972.[393] 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.[394]  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.[395]  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.[396][397]  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.[398] The following day Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Supreme Court reverse him on appeal.[399] Hawaii Supreme Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment.[400]  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.[401]  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.[402]  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.[403]  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.[404][405] 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.[406] 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.[407] 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.[408] 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.[409] No No
Washington Andersen v. King County July 26, 2006 4 5 Washington Supreme Court upholds Washington's statute banning same-sex marriage.[410] 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.[411]  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.[412] 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.[413][414]  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.[415]  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.[416]  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.[417]  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.[418]  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.[419] 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.[420] 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.[421] 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.[422] 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.[423] 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".[424] On December 21, 2012, District 4 Court of Appeals affirms Judge Moeser's decision in a unanimous ruling.[425] 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.[426] 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,[427] which the plaintiffs, did on April 16, 2013.[428] 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.[429]  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.[430] 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.[431] On July 3, 2013, the Texas Supreme Court sua sponte ordered supplemental merits briefing in light of United States v. Windsor.[432] 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.[433][434] The appeal was still pending in December 2012.[435] 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

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  140. "Washington becomes seventh state to recognize same-sex marriages". Thegavoice.com. February 13, 2012. Retrieved January 6, 2014.
  141. Same-Sex Marriage On New Jersey Senate Agenda
  142. Gay-marriage battle heating up in several states, including Maine
  143. A03592
  144. "Archived copy". Archived from the original on January 11, 2019. Retrieved September 11, 2017.CS1 maint: archived copy as title (link)
  145. Senate Bill 1599
  146. Bill status of HB 168
  147. Votes for SB13-011
  148. "R.I. Senate committee to consider gay marriage, referendum bills next Thursday". Metro Weekly. March 15, 2013. Archived from the original on March 21, 2013.
  149. House Bill 5015 and Senate Bill 38.
  150. House Bill 75
  151. Bill Status for HF 1054.
  152. Assembly Bill 99
  153. Bill Status of SB1
  154. Bill Status of SB10
  155. Long, Ray; Rafael Guerrero (February 14, 2013). "Illinois Senate approves gay marriage - chicagotribune.com". Chicago Tribune. Retrieved February 14, 2013.
  156. A07100
  157. Assembly Bill 7100
  158. Wyoming House defeats bill aimed at legalizing same-sex marriages
  159. A04024
  160. Assembly Bill 4024
  161. "Calif. Senate advances bill to remove 'man and woman' from marriage laws". LGBTQ Nation. May 1, 2014.
  162. "Legislation updates California marriage laws". The Sacramento Bee. June 30, 2014. Archived from the original on July 14, 2014.
  163. "New law updates state code to use gender-neutral marriage terms". Los Angeles Times. July 7, 2014.
  164. SB 1211 Gender-specific references; revisions to certain terms in the Code of Virginia
  165. Rare win for LGBTQ Virginians as two equality bills pass full Senate vote
  166. Va. Delegate speaks out on discrimination as last two LGBT bills are killed
  167. Senate Bill 269
  168. Senate Bill 279
  169. SB 279
  170. Senate Bill 307
  171. Senate Bill 406
  172. Senate Bill 866
  173. Actions for LD 1017
  174. House Bill 2478
  175. Guam passes marriage equality and employment nondiscrimination acts
  176. Guam lawmakers pass LGBT bills
  177. passes Marriage Equality Act
  178. Assembly Bill 7645
  179. A07645
  180. D.C. Law 21-105. Domestic Partnership Termination Recognition Amendment Act of 2015
  181. "Legislature reinforces same-sex marriage". Statesman Journal. February 25, 2016.
  182. House Bill 4127
  183. A05476
  184. Assembly Bill 5476
  185. A03694
  186. Senate Bill 150
  187. Governor signs raft of bills
  188. House Bill 1061
  189. SB-1005 Marriage
  190. SB 1005: Modernizing Code Language to Reflect Marriage Equality
  191. Bill Actions for SB 2043
  192. North Dakota Rejects Changes to Reflect Gay Marriage Ruling Archived January 11, 2017, at the Wayback Machine
  193. House Bill 412
  194. HB 412
  195. House Bill 150
  196. Senate Bill 147
  197. Senate Bill 237
  198. House Bill 1104
  199. AB229
  200. Senate Bill 79
  201. Senate Bill 4407
  202. Senate Bill 1238
  203. House Bill 229
  204. Summary of LD 1616
  205. Senate Bill 276
  206. House Bill 201
  207. A03387
  208. Senate Bill 27
  209. Senate Bill 221
  210. Senate Bill 54
  211. House Bill 293
  212. A03920
  213. House Bill 4385
  214. Senate Bill 482
  215. Senate Bill 5858
  216. Docket of HB1587
  217. Senate Bill 366
  218. Legislature Bill 111
  219. House Bill 419
  220. HB 1979 Assisted conception; amends statute to provide gender-neutral terminology, etc.
  221. House Bill 6
  222. Legislature Bill 127
  223. House Bill 234
  224. House Bill 422
  225. SB 503
  226. Senate Bill 697
  227. House Bill 519
  228. House Bill 2468
  229. Legislature Bill 427
  230. Legislature Bill 533
  231. HF 5
  232. House Bill 5
  233. Senate Bill 789
  234. An Act To Update the Laws Regarding Death and Marriage Records
  235. Senate Bill 94
  236. Senate Bill 300
  237. A02566
  238. Assembly Bill 2566
  239. House Bill 686
  240. House Bill 158
  241. Legislature Bill 387
  242. House Bill 146
  243. HB 1490
  244. SB 17
  245. SB 247
  246. House Bill 234
  247. Senate Bill 65
  248. HB 1580
  249. Senate Bill 7506
  250. Gestational Surrogacy Legalized in New York State
  251. HB 623
  252. S07168
  253. Senate Bill 7168
  254. Puerto Rico approves new civil code, sparking fears over LGBT+ rights
  255. Wanda Vázquez convirtió en ley el Código Civil
  256. Senate Bill 595
  257. AJR2
  258. Assembly Joint Resolution 2 of the 79th (2017) Session
  259. House Bill 979
  260. Docket of HB1162
  261. Senate Bill 2136
  262. Bill S.77
  263. Bill H.139
  264. Assembly Bill 3229
  265. "Maryland". Marriage-law.laws.com. Retrieved January 6, 2014.
  266. HB 103, 63rd Regular Session
  267. Texas’ First Anti-Marriage Law
  268. SAME-SEX MARRIAGE LAWS IN THE UNITED STATES (Current as of December 31, 2013) Archived April 16, 2014, at the Wayback Machine
  269. "Legal Marriage Court Cases". Partners Task Force for Gay and Lesbian Couples. July 10, 2011. Retrieved April 11, 2014.
  270. "Ban on gay marriage passes". Fredericksburg.com. November 7, 2006. Archived from the original on April 11, 2013. Retrieved January 6, 2014.
  271. Utah will ask Supreme Court to stop gay marriage during appeal
  272. Same-Sex Marriages Banned by Fla. House
  273. Bills OK'd Barring Homosexual marriage, adoption
  274. Askew signs bill to ban gay marriage
  275. Baim, Tracy (2010). Obama and the Gays: A Political Marriage. Create Space. p. 8.
  276. Homosexual Marriage Ban Signed
  277. "Overview of Gay Marriage". Lgbt-vmmlegal.com. Archived from the original on April 16, 2013. Retrieved 2014-01-06.
  278. This Is Where Marriage Equality Stands on Its 10th Birthday
  279. New Hampshire
  280. DOMESTIC RELATIONS CHAPTER 457 MARRIAGES
  281. New Hampshire Senate Bill 557, 1994
  282. "Archived copy". Archived from the original on April 16, 2015. Retrieved April 16, 2015.CS1 maint: archived copy as title (link)
  283. Hawaii bans same-sex marriages
  284. Utah may ignore gay unions
  285. State Laws Prohibiting Recognition of Same-Sex Relationships
  286. DEFINITION OR DISCRIMINATION? STATE MARRIAGE RECOGNITION STATUTES IN THE "SAME-SEX MARRIAGE" DEBATE
  287. House Bill 1143
  288. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
  289. Batt signs law banning recognition of same-sex marriage
  290. "The Union Democrat - Google News Archive Search".
  291. Lawmakers say no to same-sex marriages
  292. Georgia House of Representatives - 1995/1996 Sessions
  293. BILL STATUS OVERVIEW SB1038
  294. Alaska Bars Gay Marriage, Congress To Debate Issue
  295. Chapter 25.05. ALASKA MARRIAGE CODE Article 01 REQUIREMENTS FOR MARRIAGE Sec. 25.05.013. Same-sex marriages
  296. Same-sex marriage ban OK'd
  297. Governor signs bill prohibiting same-sex marriage
  298. Senators support bill banning gay marriages
  299. Governor signs ban on same-sex unions
  300. House OK's ban on gay marriages
  301. State Senate OK's gay marriage, sends bill to Engler
  302. Governor signs bill against gay unions
  303. The Bill
  304. North Carolina SB1487
  305. Senate Bill 1487 / S.L. 1995-588 (= H1452) S1
  306. Gay marriage ban becomes law State of Missouri will recognize only male-female unions
  307. Setback for same-sex marriage ban Lieutenant governor's tie-breaking vote dooms measure
  308. State Senate votes to ban homosexual marriages in PA
  309. Legislature passes same-sex marriage ban, Gov. Ridge says he will sign the measure
  310. Mississippi joins ban on same-sex unions
  311. HB1004 - AN ACT TO PROVIDE THAT MARRIAGE SHALL ONLY BE BETWEEN A MAN AND WOMAN; AND TO REFUSE TO RECOGNIZE FOREIGN MARRIAGES BETWEEN PERSONS OF THE SAME SEX.
  312. PROPOSED AMENDMENTS TO SENATE BILL NO. 2230
  313. SRC-AAA S.B. 334 75(R) BILL ANALYSIS
  314. Locke's veto of gay marriage ban stands
  315. HB 1589 Same sex marriages.
  316. "Gay-marriage ban called irrelevant". Boston Globe. April 1, 1997.
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  318. HB 1265 Passes Indiana House & Senate
  319. HOUSE JOURNAL ADDENDUM COMMUNICATIONS AND PETITIONS OFFICE OF THE SPEAKER
  320. Chiles lets gay marriage ban stand
  321. Resources on Minnesota Issues Same-Sex Marriage in Minnesota
  322. Gay marriage ban vetoed
  323. "Washington Bans Gay Marriage". Chicago Tribune. February 8, 1998.
  324. Veto Vote
  325. Kentucky 1998 Regular Session; HB13
  326. "The Tuscaloosa News - Google News Archive Search".
  327. Puerto Rico House Bill 1013, 1999
  328. HB1450
  329. West Virginia Legislature passes same-sex marriage ban
  330. New Hampshire House Bill 1293, 2000
  331. Governor signs gay-marriage ban among flock of other bills
  332. New Hampshire House Bill 454, 2001
  333. Same-sex marriage ban
  334. American Samoa Senate rejects bill outlawing same sex marriages
  335. New Hampshire House Bill 553, 2003
  336. Perry Signs 'Defense of Marriage
  337. "Doyle's Veto of Marriage Bill Stands, Assembly Fails by One Vote to Override It". November 14, 2003.
  338. Same-Sex Marriage Assembly/Senate Votes (WI)
  339. Bill status of HB172 Archived September 29, 2011, at the Wayback Machine
  340. HB 751 Marriage; affirmation.
  341. New Hampshire Senate Bill 427, 2004
  342. S.F. No. 0013 Same sex marriages
  343. New Hampshire House Bill 1415, 2008
  344. New Hampshire House Bill 453, 2009
  345. New Hampshire House Overwhelmingly Rejects Attempt to Repeal Marriage Rights
  346. Repealing New Hampshire’s Gay Marriage Law Is *Inexpedient To Legislate*
  347. Anti-gay marriage bill defeated in Senate
  348. New Hampshire House kills repeal of gay marriage law Archived March 22, 2012, at the Wayback Machine
  349. Maine Question 1, 2012
  350. "Indiana General Assembly". In.gov. February 3, 2004. Retrieved January 6, 2014.
  351. "Resource record: Utah Puts Same-Sex Marriage Issue to Voters". Gis.state.mn.us. Retrieved January 6, 2014.
  352. "Senate gives final passage to marriage amendment". Enquirer.com. April 15, 2004. Retrieved January 6, 2014.
  353. "04RS SB245". Lrc.ky.gov. Retrieved January 6, 2014.
  354. "Same-sex marriage ban going to voters Nov. 8 - Houston Chronicle". Chron.com. May 22, 2005. Retrieved January 6, 2014.
  355. "Idaho HJR 2 - Marriage Amendment Ballot Question - Key Vote - Project Vote Smart". Votesmart.org. Retrieved January 6, 2014.
  356. SB 526 - Defining Marriage - Key Vote
  357. HB 2381 - Marriage Definition Constitutional Amendment - Key Vote
  358. JARED MILLER Star-Tribune capital bureau (February 7, 2009). "Gay marriage ban falls in House". Trib.com. Retrieved January 6, 2014.
  359. "West Virginia defeats marriage amendment | The Bilerico Project". Bilerico.com. March 31, 2009. Retrieved January 6, 2014.
  360. NIKI KELLY (January 29, 2010). "Amendment prohibiting gay marriage clears Senate". The Journal Gazette. Retrieved January 6, 2014.
  361. Garcia, Michelle (February 17, 2010). "NH House Rejects Gay Marriage Ban". Advocate.com. Retrieved January 6, 2014.
  362. Fankhauser, Chris (January 27, 2011). "Chadrad.com". Chadrad.com. Retrieved January 6, 2014.
  363. NC General Assembly webmasters. "North Carolina General Assembly - Senate Bill 514 Information/History (2011-2012 Session)". Ncga.state.nc.us. Retrieved January 6, 2014.
  364. Star Tribune, Tom Wallace (May 22, 2011). "Voters to determine the future of marriage, House decides". Star Tribune. Retrieved January 6, 2014.
  365. Indiana 3rd Reading House Marriage Amendment ONLY
  366. Carden, Dan (October 14, 2014). "Bosma declares marriage amendment dead". NWI. Retrieved October 17, 2014.
  367. White, Ed (June 28, 2013). "Mich. ban on domestic partner benefits blocked". Pioneer Press. Retrieved February 18, 2014.
  368. Lederman, Marty (July 1, 2013). "After Windsor: Michigan same-sex partners benefits suit advances". SCOTUSblog. Retrieved July 2, 2013.
  369. Eckholm, Erik (December 20, 2013). "Federal Judge Rules That Same-Sex Marriage Is Legal in Utah". The New York Times.
  370. Delaware Senate Defeats Gay Marriage Ban
  371. Indiana House Passes Gay Marriage Ban
  372. Indiana House amends marriage ban language
  373. Indiana House approves constitutional amendment to ban gay marriages
  374. Indiana Senate approves diluted gay marriage ban Archived February 21, 2014, at the Wayback Machine
  375. Iowa's governor-elect wants vote to ban gay marriage, criticizes senate leader
  376. Minnesota Gay Marriage Ban Amendment Clears First Hurdle
  377. Minnesota Gay Marriage Ban Amendment Clears House Panel
  378. "Minn. Senate OKs Vote on Gay-Marriage Ban". The Wall Street Journal. May 11, 2011. Archived from the original on May 17, 2011.
  379. "House sends same-sex marriage ban to 2012 ballot". Minnesota Public Radio. May 22, 2011.
  380. NH House rejects two anti-gay marriage measures
  381. N.H. House Rejects Gay Marriage Ban
  382. Archived January 4, 2014, at the Wayback Machine
  383. "SJR06". Nmlegis.gov. Retrieved January 6, 2014.
  384. "Bill Information (History) - House Bill 1349; Regular Session 2013-2014 - PA General Assembly". Legis.state.pa.us. May 8, 2013. Retrieved January 6, 2014.
  385. Daryl Metcalfe introduces anti-gay bill
  386. Lawmakers Study Amendment Banning Gay Marriage Archived May 16, 2011, at the Wayback Machine
  387. W.Va. Gay Marriage Ban Fails in House Archived December 21, 2011, at the Wayback Machine
  388. West Virginia Senators David Nohe, Donna Boley Back Gay Marriage Ban
  389. (Wyo.)-House Now Gets Chance At Gay Marriage Bill
  390. Same-sex marriage constitutional amendment dies in Wyoming House after missing deadline
  391. Full Results Archived October 11, 2009, at the Wayback Machine
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  393. Baker v. Nelson, 409 810 (U.S. 1972) ("The appeal is dismissed for want of a substantial federal question.").
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  396. Dean v. District of Columbia Archived June 21, 2010, at the Wayback Machine
  397. Dean v. District of Columbia
  398. Baehr v. Miike, Circuit Court for the First Circuit, Hawaii No. 91-1394
  399. Oshiro, Sandra (December 6, 1996). "Hawaiian judge puts same-sex marriage ruling on hold". The Nation. Thailand: Reuter. p. A12. Retrieved August 18, 2010.
  400. Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993), reconsideration and clarification granted in part, 74 Haw. 645, 852 P.2d 74 (1993).
  401. Baker v. Vermont, 744 A.2d 864 Archived March 3, 2012, at the Wayback Machine
  402. Brause v Alaska Dept of Health & Social Services (04/17/2001) sp-5392
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  404. Kiritsky, Laura (October 16, 2003). "Gay marriage setback in Arizona". Bay Windows. Retrieved July 9, 2013.
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  406. Same-Sex Marriage in Louisiana
  407. Mary Li and Rebecca Kennedy, et al. v. State of Oregon, et al.
  408. "Hernandez v Robles (2006 NY Slip Op 05239)". Courts.state.ny.us. Retrieved January 6, 2014.
  409. Perdue v. O'Kelley, 280 Ga. 732 (2006) Archived March 27, 2009, at the Wayback Machine
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  412. Rich, Eric, and Wagner, John (September 18, 2007). "Maryland High Court Upholds Same-Sex Marriage Ban". Washington Post. Retrieved March 3, 2013.
  413. Public Employers in Michigan May Not Offer Same-Sex Domestic Partner Benefits, Michigan Supreme Court Rules
  414. Michigan high court says gay partners can't get health benefits
  415. Text of the decision
  416. Majority opinion
  417. Iowa Supreme Court decision Archived March 17, 2012, at the Wayback Machine, page 15.
  418. The court's ruling in Strauss
  419. Grossman, Joanna L. (November 24, 2009). "New York's Highest Court Upholds Benefits for Same-Sex Spouses in Narrow Ruling".
  420. Supreme Court of Wisconsin
  421. Wyoming High Court Grants Divorce to Same-Sex Couple
  422. Belczyk, Jaclyn (May 18, 2012). "Maryland high court grants same-sex divorce". The Jurist. Retrieved March 1, 2015.
  423. "Domestic partnership registry lawsuit rejected", Green Bay Press Gazette Accessed 8 November 2009.
  424. Judge rules Wisconsin same sex registry is constitutional
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  426. "Wisconsin Supreme Court upholds state's domestic partner registry". jsonline.com. July 31, 2014. Retrieved July 31, 2014.
  427. "Montana Supreme Court rejects equal benefits for gay couples". Missoulian. December 18, 2012. Retrieved July 17, 2013.
  428. "ACLU sues state of Montana over benefits for gay couples". Missoulian. July 16, 2013. Retrieved July 17, 2013.
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  432. Order for Supplementary Briefing by Texas Supreme Court July 3, 2013 Accessed July 8, 2013
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