The Issues:
Marriage Equality
State-by-State Perspective
Alabama
Alabama law prohibits the recognition of marriages between same-sex couples. There is no other form of relationship recognition for same-sex couples in state law or policies. In June 2006, voters passed a constitutional amendment banning same-sex marriage.
Arizona
Arizona has no form of same-sex relationship recognition. In the November 2006 general election, Arizona became the only state so far to defeat a same-sex marriage ban placed on the ballot.
Alaska
In 1998 an Alaska trial court judge ruled in the case of Brause & Dugan v. State that the choice of a marital partner is fundamental and that, absent a compelling reason, the State cannot interfere with that choice. The Court added that being denied the right to marry because of the sex of one's partner is sex discrimination. The case was brought to a premature end in November 1998, when Alaska voters decided to write discrimination into the state Constitution by approving an amendment requiring that all marriages be "between one man and one woman."
Arkansas
State law bans same-sex marriage, as does the state constitution, due to an amendment passed by voters in 2004. There is no form of relationship recognition available to same-sex couples.
California
In 1999, fair-minded state legislators and former Governor Gray Davis created a domestic partner registry to provide state-level recognition for families headed by same-sex couples. The law recognized basic rights, such as the right to visit a partner in the hospital. Since then, the legislature has conferred additional important rights and benefits to registered domestic partners. In 2003, the Legislature passed Assembly Bill 205, which extends to domestic partners nearly all of the rights and benefits under state law currently available to married couples, including the right to sue for a partner's wrongful death, inherit a partner's estate, adopt a partner's child, and make medical decisions for a partner. Conservative lawmakers have challenged this law in court.
On December 4, 2006, Assembly member Mark Leno of San Francisco introduced the Religious Freedom and Civil Marriage Protection Act. The bill, sponsored by Equality California (EQCA), would allow same-sex couples to obtain marriage licenses from their county clerk. A similar bill was passed by the legislature in 2005, but vetoed by Gov. Arnold Schwarzenegger.
In addition, the California Supreme Court is currently considering a judicial challenge to the constitutionality of the state's law barring same-sex marriage.
Colorado
In 2006 the state legislature passed a bill to establish a domestic partner system for same-sex couples. This bill would have conferred several state-level spousal rights, such as the right to inherit property in the absence of a will, the right to initiate a civil action for wrongful death, the right to adopt a partner’s biological or legal child, protection under the state's domestic violence laws, and the right to make medical decisions. On November 7, 2006, voters defeated the bill in a statewide referendum, and also adopted an amendment to the state constitution banning same-sex marriage.
Connecticut
In 2005, the Connecticut legislature passed a bill creating civil unions between same-sex couples, which was signed into law by Gov. M. Jodi Rell. Parties to a civil union are entitled to all state-level spousal rights and responsibilities. In November 2006, lawyers for eight couples filed briefs with the state Supreme Court seeking full marriage equality; in early 2007, Rep. Mike Lawler introduced a marriage equality bill in the state legislature.
Delaware
Delaware law prohibits the recognition of same-sex marriage. Delaware does not currently have any form of same-sex relationship recognition.
District of Columbia
In 1992, the District of Columbia's legislature passed a law creating a Domestic Partnership Registry, allowing same-sex couples the opportunity to formalize their relationships. The law did not become effective until 2002, because, up until that year, a rider was attached to each appropriations bill for the District that denied funding for the registry. The laws of the District of Columbia do not ban the recognition of marriages between same-sex couples performed in another jurisdiction.
Florida
Florida does not currently have any form of same-sex relationship recognition, and same-sex marriage is banned by law. A constitutional amendment to ban same-sex marriage is expected to be placed on the ballot for the 2008 general election.
Georgia
There is no form of same-sex relationship recognition. Voters passed a constitutional amendment to ban same-sex marriage in 2004.
Hawaii
In 1991, three same-sex couples filed a case against the state of Hawaii, claiming that denying a civil marriage license was sex discrimination. In a groundbreaking 1993 decision, the Hawaii Supreme Court determined in Baehr v. Miike that the plaintiffs were right, under the equal protection provision of the Hawaii Constitution. However, the Court sent the case back to the lower trial court with instructions that the State had to show a "compelling state interest" if it was to continue to deny the licenses.
In 1996, the trial court ruled in favor of the couples, and the Attorney General immediately appealed the decision to the Hawaii Supreme Court. The trial court judge issued a stay of the decision, meaning no marriage licenses were issued while the case was under appeal. In 1998, while Baehr v. Miike was awaiting final decision by the Hawaii Supreme Court, Hawaii voters approved a state constitutional amendment that allowed the state legislature to restrict marriage to different-sex unions only. As a result, the Hawaii Supreme Court ruled that the case was now over because of the constitutional amendment.
In 1997, the Hawaii Legislature passed the Reciprocal Beneficiaries Act, which allows any two unmarried adults -- including same-sex partners, blood relatives or just friends -- to have access to fewer than 60 spousal rights on the state level, and none on the federal level. These limited benefits include inheritance, the ability to sue for wrongful death, hospital visitation, and domestic violence protection.
Idaho
Idaho has no form of same-sex relationship recognition. Voters passed a constitutional amendment against same-sex marriage in November 2006.
Illinois
Illinois law bans marriage between same-sex couples. In February of 2007, Rep. Greg Harris introducted a marriage equality bill in the state legislature.
Indiana
Indiana law prohibits same-sex marriage. During the 2006 legislative session, the Indiana Legislature voted to place a constitutional amendment on the ballot to ban marriage equality. It takes a vote in two consecutive legislative sessions to place an amendment on the ballot, so legislators will vote on it again in 2007.
Iowa
Iowa law currently prohibits marriage between same-sex couples. There is currently no form of same-sex relationship recognition. In December of 2005, six same-sex couples filed suit in Iowa District Court for Polk County, seeking the right to marry. As of late 2006, this case is still working its way through Iowa courts.
Kansas
Same-sex marriage is prohibited by Kansas state law. In 2005, voters passed a constitutional amendment banning any form of recognition for same-sex relationships.
Kentucky
Kentucky law and the state constitution (due to an amendment passed in 2004) both ban recognition of marriages between same-sex couples. There is no form of relationship recognition for same-sex couples.
Louisiana
Louisiana law and the state constitution (due to an amendment passed in 2004) both ban the recognition of marriages between same-sex couples. There is no form of relationship recognition for same-sex couples.
Maine
In 1997, Maine passed a law banning same-sex marriage and refusing to recognize marriages of same-sex couples performed in other states.
In April 2004, the Maine Legislature passed a domestic partner inheritance rights bill, which went into effect on July 30, 2004. The law extends inheritance rights, next-of-kin status, victim's compensation, and guardian and conservator rights to domestic partners in Maine through a statewide domestic partnership registry.
In 2005, the Maine Legislature rejected a proposed constitutional amendment against same-sex marriage by a vote of 88-56 in the House and 19-15 in the Senate.
Massachusetts
On November 18, 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that there is no rational basis under the law to deny a marriage license to same-sex couples. The Court stayed its decision for 180 days, giving the Legislature an opportunity to remedy the state's discriminatory laws. On May 17, 2004, marriage licenses began to be issued to same-sex couples in Massachusetts.
Opponents of marriage equality are currently trying to place a constitutional amendment on the ballot that would effectively reverse the historic Goodridge decision. As of December 2006, the status of the amendment is uncertain, as the State Supreme Court decides whether to overrule the actions of the state legislature and place it on the ballot in 2008.
Due to an old law originally intended to thwart recognition of interracial marriages, same-sex couples from most other states cannot get married in Massachusetts. In 2006, however, the Supreme Judicial Court ruled that a same-sex couple from Rhode Island could receive a marriage license in Massachusetts because that state has no explicit ban on same-sex marriage.
Michigan
Michigan law bans same-sex marriage, as does the state constitution, due to an amendment passed in 2004. There are no other forms of relationship recognition for same-sex couples.
Minnesota
Minnesota law bans marriage between same-sex couples. There are no other forms of relationship recognition for same-sex couples.
Mississippi
Mississippi law and the state constitution (due to an amendment passed in 2004) both ban recognition of marriages between same-sex couples. There is no form of relationship recognition for same-sex couples.
Missouri
In August 2004, Missouri voters passed a constitutional amendment to ban same-sex marriage. There is no form of relationship recognition for same-sex couples.
Montana
Same-sex marriage is banned by Montana law and by the state constitution, due to an amendment passed in 2004. There is no form of same-sex relationship recognition.
Nebraska
Same-sex marriage is banned by the state constitution due to an amendment passed in 2000. In May 2005, a federal court declared the amendment unconstitutional, but a federal appeals court reinstated it in July 2006. There is no form of same-sex relationship recognition.
Nevada
Same-sex marriage is banned by Nevada state law. There is no form of same-sex relationship recognition.
New Hampshire
In 1987, New Hampshire amended its laws to prohibit same-sex marriage. Due to another law passed in April 2004, New Hampshire also will not recognize same-sex marriages performed in other states. There is no form of same-sex relationship recognition.
New Jersey
In January 2004, the New Jersey Legislature and Gov. James E. McGreevey approved a domestic partners law to give same-sex couples some of the rights available to legally married couples, including access to medical benefits, insurance and other legal rights.
On October 25, 2006, in the case of Lewis v. Harris, the Supreme Court of New Jersey ruled that it is unconstitutional to deny the protections of a marriage license, though not the license itself, to same-sex couples. On December 14, the state legislature passed a bill creating civil unions. LGBT rights groups will continue to push for full marriage equality in New Jersey.
New Mexico
For a period of time in 2004, 66 marriage licenses were issued to same-sex couples in Sandoval County. The state attorney general, however, declared the ensuing marriages to be invalid. The Sandoval County Clerk then brought a motion before the state Supreme Court to resume issuing licenses to same-sex couples. On July 8, 2004, the state Supreme Court rejected the motion.
New Mexico law prohibits recognition of same-sex marriages performed in other states. There is no form of same-sex relationship recognition in New Mexico.
New York
For a period of time in 2004, the mayor of New Paltz issued marriage licenses to same-sex couples. The attorney general ordered the marriages to stop until the matter could be resolved in the courts. In July 2006, the state's highest court ruled that it was not a violation of the state constitution to deny marriage licenses to same-sex couples.
New York does not currently recognize same-sex marriages performed in other states. The state attorney general had issued an informal opinion stating that "New York law presumptively requires that parties to such unions must be treated as spouses for purposes of New York law." However, in July 2006, a state trial court ruled that out-of-state marriages between same-sex couples would not be honored by the state. That decision is being appealed.
Although New York does not currently have a registry for same-sex couples, domestic partners can visit one another in the hospital and make funeral arrangements.
North Carolina
North Carolina law prohibits the recognition of same-sex marriages. There is no form of same-sex relationship recognition.
North Dakota
Both North Dakota law and the state constitution (due to an amendment passed in 2004) ban the recognition of same-sex marriage or any form of domestic union.
Ohio
Both Ohio law and the state constitution (due to an amendment passed in 2004) prohibit the recognition of same-sex marriage. There is no form of same-sex relationship recognition available in Ohio.
Oklahoma
Both Oklahoma law and the state constitution (due to an amendment passed in 2004) prohibit the recognition of same-sex marriage. There is no form of same-sex relationship recognition.
Oregon
On March 3, 2004, two same-sex couples were married in Portland by former Oregon Supreme Court Justice Betty Roberts following a decision by the Multnomah County Commissioners to issue marriage licenses to same-sex couples. Despite numerous court challenges by conservative groups, an additional 3,020 couples received marriage licenses over the next two months.
Declaring that state statutes prohibit the issuance of marriage licenses to same-sex couples, Governor Ted Kulongoski ordered all state agencies to treat the Multnomah County same-sex marriage licenses as invalid. In response, the American Civil Liberties Union filed a lawsuit seeking a declaration that any state law which excludes same-sex couples from the definition of marriage is unconstitutional. On April 20, Judge Frank Bearden of the Multnomah County Court sided with the same-sex couples and found the state marriage statute unconstitutional in Mary Li v. Oregon.
In 2004, before the case could reach the state's high court, voters passed a constitutional amendment banning the recognition of same-sex marriage. A bill was introduced in the Oregon Legislature April 13, 2005, that would have allowed same-sex couples to enter into civil unions, but it died when the legislature adjourned for the year.
Pennsylvania
Pennsylvania law prohibits the recognition of same-sex marriage. There is no form of same-sex relationship recognition. In July 2006, the Pennsylvania legislature voted against adding an amendment to ban same-sex marriage to the state constitution.
Rhode Island
Rhode Island law does not have an explicit ban on marriage for same-sex couples. Although Rhode Island does not have a registry for same-sex couples, the state recognizes some limited rights. These include the right of a surviving domestic partner of a police officer, fire fighter or correctional officer to receive a death benefit; the right for health insurance to be offered to the domestic partner of a former employee; and the right to deduct the cost of insurance premiums for a domestic partner from federal adjusted gross income for state tax purposes.
South Carolina
Both South Carolina law and the state constitution (due to an amendment passed in 2006) prohibit the recognition of same-sex marriage. There is no form of same-sex relationship recognition.
South Dakota
South Dakota law prohibits the recognition of same-sex marriage. In November 2006, voters approved a constitutional amendment banning all forms of same-sex relationship recognition.
Tennessee
The laws of Tennessee prohibit the recognition of same-sex marriage. A state constitutional amendment banning same-sex marriage was passed in the 2006 general election. The state offers no form of same-sex relationship recognition.
Texas
The Texas legislature passed a law to prohibit the recognition of marriage, civil unions, and domestic partnerships for same-sex couples in 2003. Texas voters extended this ban by amending the state constitution in 2005.
Utah
Both Utah law and the state constitution ban any form of same-sex relationship recognition including marriage, civil unions or domestic partnerships. The constitutional amendment was passed in 2004.
Vermont
Vermont law prohibits same-sex marriage. In 1999, due to a court ruling in the case Baker v. State, the Legislature passed a law that created civil unions. Parties to a civil union are entitled to all state-level spousal rights and responsibilities. Couples from outside the state can obtain a civil union certificate, but it may not be recognized elsewhere. Vermont Freedom to Marry plans to have a marriage equality bill introduced by the legislature next session.
Virginia
Virginia law prohibits the recognition of same-sex marriage, civil unions and domestic partnerships. In November 2006, voters adopted a constitutional amendment banning all forms of same-sex relationship recognition.
Washington
Washington law prohibits same-sex marriage. In July 2006, the Washington Supreme Court ruled, in Anderson v. King County, that this law did not violate the state constitution.
West Virginia
West Virginia law prohibits the recognition of same-sex marriage.
Wisconsin
Wisconsin law prohibits the recognition of same-sex marriage. In November 2006, voters passed an amendment to the state constitution banning any form of same-sex relationship recognition.
Wyoming
Wyoming law does not recognize same-sex marriage. There is no form of same-sex relationship recognition.
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