state breakdown of gay marriage laws

State Breakdown of Gay Marriage Rights

By: Amanda Couch, Ellie Houser, and Amy Schmitt

To help you understand…• The Federal Defense of Marriage Act (DOMA)

defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex.

• 37 states have their own Defense of Marriage Acts

• 2 more states have strong language that defines marriage as one man and one woman.

• There are 30 states that have constitutional amendments protecting traditional marriage

Alabama

The Alabama Marriage Protection Act

•Marriage between people of the same sex is invalid

•The State of Alabama will not recognize as valid and marriage parties of the same sex, regardless of whether a marriage license was issued

Alaska

• Official registry for same sex couples• DOMA enacted into state law• Constitutional amendment banning same-

sex marriage

Arizona

•DOMA banning same-sex marriage

Arkansas

• Law banning same-sex marriages• Constitutional amendment banning same-

sex marriage

California

• Official registry for same-sex couples and law banning same-sex marriage

• On 5/15/08 California Supreme Court allowed right to marry equally to gay and straight couples. But 6 months later, Proposition 8 banned gay marriage in November 2008

Colorado

• DOMA bans same-sex marriage

Connecticut

• Same-sex marriages became legal in November 2008

Delaware

• DOMA banning same-sex marriage

District of Columbia

• Official registry for same-sex couples• Recognizes gay marriages performed in

other states

Florida

• DOMA banning same-sex marriages

Georgia

• DOMA banning same-sex marriages• Passed constitutional amendment banning

same- sex marriage in November 2004

Hawaii

• Constitutional law banning same-sex marriages

• Has domestic partnership laws that provide certain legal rights to gay relationships

Idaho

• DOMA banning same-sex marriages

Illinois

• DOMA banning same-sex marriages

Indiana

• DOMA banning same-sex marriages

Iowa

• Same-sex marriages allowed, effective on April 24, 2009

Kansas

• DOMA banning same-sex marriages

Kentucky

• DOMA banning same-sex marriages• Passed a constitutional amendment

banning same-sex marriage in November 2004

Louisiana

• State law (DOMA) banning same-sex marriages

• Also have a constitutional amendment banning same-sex marriages

Maine

• DOMA banning same-sex marriages• Offers some legal protection to couples

registered as domestic partners

Maryland

• Has 33-year-old state law defining marriage as a union between a man and a woman

Massachusetts

• Court ruling that strikes down any ban on same-sex marriages

Michigan

• DOMA banning same-sex marriages• Passed a constitutional amendment

banning same-sex marriages in November 2004

Minnesota

• DOMA banning same-sex marriages

Mississippi

• DOMA banning same-sex marriages• Passed a constitutional amendment

banning same-sex marriages in November 2004

Missouri

• DOMA banning same-sex marriages• Passed a constitutional amendment

banning same-sex marriages in November 2004

Montana

• DOMA banning same-sex marriages• Passed constitutional amendment defining

marriage as the union of a man and a woman

Nebraska

• DOMA banning same-sex marriages

Nevada

• DOMA banning same-sex marriages

New Hampshire

• Law banning same-sex marriages• Effective January 1,2008 same-sex civil

unions were allowed in New Hampshire

New Jersey

• No laws banning same-sex marriages• Same- sex civil unions allowed

New Mexico

• Does not have law banning same-sex marriages

New York

• Does not have a law banning same-sex marriages

North Carolina

• DOMA banning same-sex marriages

North Dakota

• DOMA banning same-sex marriages• In November 2004 passed constitutional

amendment banning same-sex marriages

Ohio

• DOMA banning same-sex marriages• In November 2004 passed constitutional

amendment banning same-sex marriages

Oklahoma

• DOMA banning same-sex marriages• In November 2004 passed constitutional

amendment banning same-sex marriages

Oregon

• In November 2004, passed Measure 36 defining marriage between one man and one woman

• On January 1, 2008 Oregon residents could register for domestic partnerships and receive all rights, benefits, privileges and immunities that are given to married couples in Oregon

Pennsylvania

• DOMA banning same-sex marriages

Rhode Island

• Does not have a law banning same-sex marriages

South Carolina

• DOMA banning same-sex marriages

South Dakota

• DOMA banning same-sex marriages

Tennessee

• DOMA banning same-sex marriages

Texas

• DOMA banning same-sex marriages

Utah

• DOMA banning same-sex marriages• Passed a constitutional amendment

banning same-sex marriages in November 2004

Vermont

• Law that legalizes and recognizes same-sex civil unions

• Effective September 1, 2009, same-sex marriages legal in Vermont

Virginia

• DOMA banning same-sex marriages

Washington

• DOMA banning same-sex marriages• Does give gay couples some rights

normally given to married heterosexual couples

West Virginia

• DOMA banning same-sex marriages

Wisconsin

• Law banning same-sex marriage

Wyoming

• Law banning same-sex marriages