Same-sex marriage legislation in the United States

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ 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, 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

[edit]

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]

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.[3] On June 26, 2013, the Supreme Court ruled by a 5–4 vote that the Section 3 of DOMA is unconstitutional.[4]

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.[5][6]

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.[7]

In the 111th, 112th, 113th, 114th, and 117th Congresses, the Respect for Marriage Act (RFMA) was introduced by House and Senate Democrats to repeal DOMA.[8] These efforts eventually prevailed in 2022, with the bill passing the House 267–157 and the Senate 61–36. President Joe Biden signed the bill into law on December 13, 2022.[9]

State level

[edit]
See also: Same-sex marriage law in the United States by state
List of U.S. state and territorial statutes and codes, along with the Code of the District of Columbia, recognizing or prohibiting same-sex marriage, civil unions and domestic partnerships
  Statute recognizes same-sex marriage, civil unions and/or domestic partnerships
  Statute recognizes same-sex marriage and domestic partnerships
  Statute recognizes same-sex marriage
  Statute neither recognizes or prohibits same-sex marriage, civil unions and domestic partnerships
  Statute prohibits same-sex marriage (not enforceable)
  Statute prohibits same-sex marriage, civil unions and domestic partnerships (not enforceable)

Efforts to enable same-sex unions

[edit]

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[10] — Passed Signed Yes Yes
California September 1994 Domestic partnership[11][12] 21 17 41 26 Vetoed No No
Hawaii March 1996 Domestic partnership[13] 14 11 Failed — No No
Hawaii June 1997 Reciprocal beneficiary relationship[14] 24 7 43 27 Signed Yes Yes
California September 1998 Domestic partnership[15] 21 17 41 36 Vetoed No No
California October 1999 Domestic partnership[16] 23 13 41 38 Vetoed No No
California October 1999 Domestic partnership[17] 22 14 41 36 Signed Yes Yes
Vermont April 2000 Civil union[18] 19 11 79 68 Signed Yes Yes
Rhode Island July 2001 Domestic partnership[19] Passed Passed Signed Yes Yes
California August 2001 Domestic partnership (expansion)[20] 22 12 41 27 Signed Yes Yes
California October 2001 Domestic partnership (expansion)[21] 23 11 41 32 Signed Yes Yes
New York August 2002 Domestic partnership[22] Passed 147 0 Signed Yes Yes
New York August 2002 Domestic partnership (expansion)[23] Passed 147 0 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[24] 26 11 41 31 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[25] 23 13 43 27 Signed Yes Yes
District of Columbia April 2003 Domestic partnership (expansion)[26] — Passed Signed Yes Yes
California September 2003 Domestic partnership (expansion)[27] 23 14 41 33 Signed Yes Yes
New Jersey January 2004 Domestic partnership[28] 23 9 41 28 Signed Yes Yes
Maine April 2004 Domestic partnership[29] 18 14 84 58 Signed Yes Yes
District of Columbia May 2004 Domestic partnership (expansion)[30] — Passed Signed Yes Yes
California September 2004 Domestic partnership (expansion)[31] 23 12 46 29 Signed Yes Yes
New York September 2004 Domestic partnership (expansion)[32] Passed 141 1 Signed Yes Yes
District of Columbia December 2004 Domestic partnership (expansion)[33] — Passed Signed Yes Yes
District of Columbia January 2005 Domestic partnership (expansion)[34] — Passed Signed Yes Yes
Connecticut April 2005 Civil union[35] 27 9 85 63 Signed Yes Yes
Maryland May 2005 Domestic partnership[36] 31 16 83 50 Vetoed No No
California June 2005 Marriage[37] — — Failed — No No
Rhode Island June 2005 Domestic partnership (expansion)[38][39] Passed — — — No No
Rhode Island July 2005 Domestic partnership (expansion)[40][41] Passed — — — No No
California September 2005 Marriage[42] 21 15 41 35 Vetoed No No
California September 2005 Domestic partnership (expansion)[43] 23 15 47 28 Signed Yes Yes
California September 2005 Domestic partnership (expansion)[44] 21 14 47 32 Signed Yes Yes
District of Columbia December 2005 Domestic partnership (expansion)[45] — Passed Signed Yes Yes
New Jersey January 2006 Domestic partnership (expansion)[46] 39 0 67 8 Signed Yes Yes
District of Columbia January 2006 Domestic partnership (expansion)[47] — Passed Signed Yes Yes
New York March 2006 Domestic partnership (expansion)[48] Passed 96 25 Signed Yes Yes
Maine April 2006 Domestic partnership (expansion)[49] Passed Passed Signed Yes Yes
New York June 2006 Domestic partnership (expansion)[50] — — 114 27 — No No
New York June 2006 Domestic partnership (expansion)[51] — — 116 27 — No No
Rhode Island June 2006 Domestic partnership (expansion)[52][53] Passed Passed —4 Yes Yes
Rhode Island June 2006 Domestic partnership (expansion)[54][53] Passed Passed —4 Yes Yes
Rhode Island July 2006 Domestic partnership (expansion)[55][56] Passed Passed —4 Yes Yes
Rhode Island July 2006 Domestic partnership (expansion)[57][56] Passed Passed —4 Yes Yes
Rhode Island July 2006 Domestic partnership (expansion)[58][59] Passed Passed —4 Yes Yes
California September 2006 Domestic partnership (expansion)[60] 24 15 46 29 Signed Yes Yes
California September 2006 Domestic partnership (expansion)[61] 23 15 47 31 Signed Yes Yes
New Jersey December 2006 Civil union[62] 23 12 56 19 Signed Yes Yes
District of Columbia December 2006 Domestic partnership (expansion)[63] — Passed Signed Yes Yes
New Hampshire April 2007 Civil union[64] — — Failed — No No
Washington April 2007 Registered domestic partnership[65] 28 19 63 35 Signed Yes Yes
Oregon May 2007 Domestic partnership[66] 21 9 34 26 Signed Yes Yes
Maine May 2007 Domestic partnership (expansion)[67] Passed Passed Signed Yes Yes
New Hampshire May 2007 Civil union[68] 14 10 243 129 Signed Yes Yes
Maine June 2007 Domestic partnership (expansion)[69] Passed Passed Signed Yes Yes
Maine June 2007 Domestic partnership (expansion)[70] Passed Passed Signed Yes Yes
New York June 2007 Marriage[71] — — 85 61 — No No
Rhode Island July 2007 Domestic partnership (expansion)[72][73] Passed Passed —4 Yes Yes
California September 2007 Marriage[74] 22 15 42 34 Vetoed No No
California October 2007 Domestic partnership (expansion)[75] Passed Passed Signed Yes Yes
Rhode Island October 2007 Domestic partnership (expansion)[76][73] Passed Passed Vetoed 1 Yes Yes
New Hampshire January 2008 Contractual cohabitation[77] Failed — — — No No
New York January 2008 Domestic partnership (expansion)[78] Passed — — — No No
New Mexico February 2008 Domestic partnership[79] — — 33 31 — No No
Washington March 2008 Registered domestic partnership (expansion)[80][81]' 29 20 62 32 Signed Yes Yes
Maine March 2008 Domestic partnership (expansion)[82] Passed Passed Signed Yes Yes
Maryland April 2008 Domestic partnership[83] — — 86 51 — No No
Maryland May 2008 Domestic partnership[84] 30 17 88 46 Signed Yes Yes
Maryland May 2008 Domestic partnership[85] 27 20 86 47 Signed Yes Yes
District of Columbia May 2008 Domestic partnership (expansion)[86] — Passed Signed Yes Yes
New Mexico February 2009 Domestic partnership[87] 17 25 — — — No No
Vermont April 2009 Marriage[88] 23 5 100 49 Vetoed 1 Yes Yes
Colorado April 2009 Designated beneficiary agreement[89] 23 10 41 24 Signed Yes Yes
Connecticut April 2009 Marriage (codification)[90] 28 7 100 44 Signed Yes Yes
Maine May 2009 Marriage[91] 21 14 89 58 Signed No No2
District of Columbia May 2009 Marriage (recognition only)[92][93] — Passed Signed Yes Yes
Washington May 2009 Registered domestic partnership (expansion)[94] 30 18 62 35 Signed Yes Yes3
District of Columbia May 2009 Domestic partnership (expansion)[95] — Passed Signed Yes Yes
Maine May 2009 Domestic partnership (expansion)[96] Passed Passed Signed Yes Yes
Nevada May 2009 Domestic partnership[97][98] 14 7 28 14 Vetoed1 Yes Yes
New Hampshire June 2009 Marriage[99] 14 10 198 176 Signed Yes Yes
Oregon June 2009 Domestic partnership (expansion)[100] 27 0 41 8 Signed Yes Yes
Wisconsin June 2009 Domestic partnership 17 16 50 48 Signed Yes Yes
New York August 2009 Domestic partnership (expansion)[101] Passed 142 0 Signed Yes Yes
California October 2009 Out-of-state pre-proposition 8 marriage recognition[102] 24 14 44 27 Signed Yes Yes
New York December 2009 Marriage[103] 24 38 89 52 — No No
District of Columbia December 2009 Marriage[104] — 11 2 Signed Yes Yes
Rhode Island January 2010 Domestic partnership (expansion)[105][106] Passed Passed Vetoed 1 Yes Yes
Rhode Island January 2010 Domestic partnership (expansion)[107][108] Passed Passed Vetoed 1 Yes Yes
New York January 2010 Domestic partnership (expansion)[109][110] 61 0 142 0 Signed Yes Yes
New Jersey January 2010 Marriage[111] 14 20 — — — No No
New York March 2010 Domestic partnership (expansion)[112] — — 119 20 — No No
New York March 2010 Domestic partnership (expansion)[113][114] Passed 137 5 Signed Yes Yes
New York April 2010 Domestic partnership (expansion)[115][116] — — 132 9 — No No
Minnesota May 2010 Domestic partnership (only 1 entitlement)[117] 41 24 78 55 Vetoed No No
Hawaii July 2010 Civil union[118] 18 7 31 20 Vetoed No No
New York August 2010 Committed partnership[119][120] 50 11 107 26 Signed Yes Yes
California September 2010 Domestic partnership (expansion)[121] 23 12 53 24 Signed Yes Yes
Illinois January 2011 Civil union[122][123][124] 32 24 61 52 Signed Yes Yes
Hawaii February 2011 Civil union[125] 18 5 31 19 Signed Yes Yes
New Hampshire March 2011 Domestic union[126] — — Failed — No No
Maryland March 2011 Marriage[127][128] 25 21 — — — No No
Colorado March 2011 Civil union[129][130] 23 12 — — — No No
Washington April 2011 Recognition of out-of-state union as registered domestic partnership[131] 28 19 58 39 Signed Yes Yes
Nevada May 2011 Recognition of out-of-state union as domestic partnership[132] 21 0 41 0 Signed Yes Yes
Washington May 2011 Registered domestic partnership (expansion)[133] 27 21 57 40 Signed Yes Yes
Delaware May 2011 Civil union[134] 13 6 26 15 Signed Yes Yes
Nevada May 2011 Domestic partnership (expansion)[135] 11 10 — — — No No
New York June 2011 Marriage[136] 33 29 80 63 Signed Yes Yes
Rhode Island July 2011 Civil union[137] 21 16 62 11 Signed Yes Yes
California September 2011 Domestic partnership (expansion)[138] 22 13 52 25 Signed Yes Yes
California October 2011 Domestic partnership (expansion)[139] 25 15 Passed Signed Yes Yes
California October 2011 Domestic partnership (expansion)[140] 24 13 Passed Signed Yes Yes
Washington February 2012 Marriage[141] 28 21 55 43 Signed Yes Yes3
New Jersey February 2012 Marriage[142] 24 16 42 33 Vetoed No No
Maryland March 2012 Marriage[143] 25 22 72 67 Signed Yes Yes3
New York April 2012 Domestic partnership (expansion)[144] — — 129 10 — No No
Colorado May 2012 Civil union[145] 23 12 — — — No No
New Jersey August 2012 Civil union and domestic partnership (expansion: surrogacy)[146] 21 11 41 33 Vetoed No No
Wyoming January 2013 Domestic partnership[147] — — 24 35 — No No
Colorado March 2013 Civil union[148] 21 14 39 26 Signed Yes Yes
Rhode Island May 2013 Marriage[149][150] 26 12 56 15 Signed Yes Yes
Delaware May 2013 Marriage[151] 12 9 23 18 Signed Yes Yes
Minnesota May 2013 Marriage[152] 37 30 75 59 Signed Yes Yes
Nevada June 2013 Domestic partnership (expansion)[153] 21 0 41 0 Signed Yes Yes
Hawaii November 2013 Marriage[154] 19 4 30 19 Signed Yes Yes
Illinois November 2013 Marriage[155][156] 32 21 61 54 Signed Yes Yes
New York February 2014 Marriage (codification)[157][158] — — 125 10 — No No
Wyoming February 2014 Marriage[159] — — 17 41 — No No
New York April 2014 Domestic partnership (expansion)[160][161] — — 124 14 — No No
California July 2014 Marriage (statutory codification)[162][163][164] 25 10 51 11 Signed Yes Yes
Virginia February 2015 Marriage (statutory codification)[165][166][167] 20 18 — — — No No
Utah March 2015 Marriage (partial statutory codification)[168] 26 0 39 30 Signed Yes Yes
New Mexico April 2015 Marriage (partial codification)[169][170] 35 5 37 10 Signed Yes Yes
Nevada June 2015 Domestic partnership (expansion)[171] 21 0 42 0 Signed Yes Yes
Nevada June 2015 Domestic partnership (expansion)[172] 19 0 41 1 Signed Yes Yes
New Jersey June 2015 Marriage, civil union and domestic partnership (expansion: surrogacy)[173] 21 13 43 25 Vetoed No No
Maine June 2015 Marriage (expansion)[174] 35 0 141 0 Vetoed1 Yes Yes
Oregon July 2015 Marriage (statutory codification)[175] 18 11 40 18 Signed Yes Yes
Guam August 2015 Marriage (codification)[176][177][178] — 13 2 —4 Yes Yes
New York September 2015 Marriage (codification)[179][180] 60 0 146 1 Signed Yes Yes
District of Columbia December 2015 Domestic partnership (expansion)[181] — Passed Signed Yes Yes
Oregon March 2016 Marriage (statutory codification)[182][183] 18 11 43 13 Signed Yes Yes
New York March 2016 Marriage (codification)[184][185] — — 129 12 — No No
New York April 2016 Domestic partnership (expansion)[186] — — 120 15 — No No
Colorado June 2016 Conversion of civil union into marriage[187][188] 34 0 52 13 Signed Yes Yes
North Carolina June 2016 Marriage (partial statutory codification)[189] — — Passed — No No
California July 2016 Marriage and domestic partnership (statutory codification)[190][191] 34 0 63 1 Signed Yes Yes
North Dakota January 2017 Marriage (statutory codification)[192][193] 15 31 — — — No No
New Mexico February 2017 Marriage (partial codification)[194][195] — — 63 0 — No No
Utah March 2017 Marriage (partial statutory codification)[196] 26 0 74 0 Signed Yes Yes
Utah March 2017 Marriage (partial statutory codification)[197] 29 0 69 3 Signed Yes Yes
Utah March 2017 Marriage (partial statutory codification)[198] 27 0 68 0 Signed Yes Yes
Maryland May 2017 Domestic partnership (expansion)[199] 138 2 45 0 Signed Yes Yes
Nevada May 2017 Marriage (statutory codification)[200] 20 1 28 10 Signed Yes Yes
Nevada June 2017 Domestic partnership (expansion)[201] 21 0 41 0 Signed Yes Yes
New York June 2017 Marriage (codification)[202] 62 0 139 0 Signed Yes Yes
New Jersey June 2017 Marriage, civil union and domestic partnership (expansion: surrogacy)[203] 22 15 — — — No No
North Carolina July 2017 Marriage (partial statutory codification)[204] Passed Passed Signed Yes Yes
Maine July 2017 Marriage (codification)[205] Passed Passed —4 Yes Yes
Maryland January 2018 Domestic partnership (expansion)[206] 135 2 45 1 Vetoed No No
New Mexico February 2018 Marriage (partial codification)[207] — — 60 2 — No No
New York March 2018 Marriage (codification)[208] — — 129 6 — No No
Utah March 2018 Marriage (partial statutory codification)[209] 27 0 70 0 Signed Yes Yes
Utah March 2018 Marriage (partial statutory codification)[210] 23 0 73 0 Signed Yes Yes
Utah March 2018 Marriage (partial statutory codification)[211] 23 4 44 24 Signed Yes Yes
Utah March 2018 Marriage (partial statutory codification)[212] 25 3 45 26 Signed Yes Yes
New York April 2018 Domestic partnership (expansion)[213] — — 114 17 — No No
Minnesota May 2018 Marriage (codification)[214] 34 33 78 50 Vetoed No No
New Jersey May 2018 Marriage, civil union and domestic partnership (expansion: surrogacy)[215] Passed Passed Signed Yes Yes
New York June 2018 Marriage (codification)[216] 57 4 — — — No No
New Hampshire June 2018 Marriage (equalization of marriageable age)[217] Passed Passed Signed Yes Yes
Arkansas March 2019 Marriage (partial statutory codification)[218] 35 0 96 0 Signed Yes Yes
Nebraska March 2019 Marriage (partial statutory codification)[219] — 38 6 Signed Yes Yes
New Mexico March 2019 Marriage (partial codification)[220] — — 53 2 — No No
Virginia March 2019 Marriage (expansion: surrogacy)[221] 28 12 63 36 Signed Yes Yes
New Mexico March 2019 Marriage (partial codification)[222] 32 8 40 25 Signed Yes Yes
Nebraska March 2019 Marriage (partial statutory codification)[223] — 45 0 Signed Yes Yes
Utah March 2019 Marriage (partial statutory codification)[224] 22 2 55 6 Signed Yes Yes
Utah March 2019 Marriage (partial statutory codification)[225] 29 0 69 4 Signed Yes Yes
New Mexico April 2019 Marriage (partial codification)[226] 39 0 62 0 Signed Yes Yes
Maryland May 2019 Marriage (expansion)[227] 34 10 121 15 Signed Yes Yes
Maryland May 2019 Marriage (expansion)[228] 31 14 133 6 Signed Yes Yes
Oklahoma May 2019 Marriage (expansion: surrogacy)[229] 33 10 84 6 Signed Yes Yes
Nebraska May 2019 Marriage (partial statutory codification)[230] — 40 3 Signed Yes Yes
Nebraska May 2019 Marriage (partial statutory codification)[231] — 33 8 Vetoed No No
Minnesota May 2019 Marriage (codification)[232][233] 52 15 74 50 Signed Yes Yes
Rhode Island June 2019 Marriage (expansion)[234] 35 0 — — — No No
Maine June 2019 Marriage (codification)[235] Passed Passed Signed Yes Yes
Delaware July 2019 Marriage (codification)[236] 20 1 37 4 Signed Yes Yes
New York October 2019 Marriage (codification)[237] 61 0 121 23 Signed Yes Yes
Hawaii December 2019 Marriage and civil union (codification)[238] — — Passed — No No
New York December 2019 Domestic partnership (expansion)[239][240] 59 0 122 24 Signed Yes Yes
New Hampshire January 2020 Marriage (codification)[241] — — Failed — No No
New Mexico February 2020 Marriage (partial codification)[242] 42 0 64 0 Signed Yes Yes
Nebraska February 2020 Marriage (partial statutory codification)[243] — 47 0 Signed Yes Yes
New Mexico February 2020 Marriage (partial codification)[244] 40 0 67 0 Signed Yes Yes
Virginia March 2020 Marriage (partial statutory codification)[245] 28 12 63 34 Signed Yes Yes
Virginia March 2020 Marriage (partial statutory codification)[246] 25 13 62 38 Signed Yes Yes
Virginia March 2020 Marriage (partial statutory codification)[247] 33 6 58 42 Signed Yes Yes
Utah March 2020 Marriage (partial statutory codification)[248] 24 1 70 0 Signed Yes Yes
Utah March 2020 Marriage (partial statutory codification)[249] 27 0 71 0 Signed Yes Yes
Virginia April 2020 Marriage (partial statutory codification)[250] 39 1 91 6 Signed Yes Yes
New York April 2020 Marriage (expansion)[251][252] Passed Passed Signed Yes Yes
Virginia April 2020 Marriage (statutory codification)[253] 24 16 53 43 Signed Yes Yes
New York April 2020 Domestic partnership (expansion)[254][255] 62 0 131 11 Signed Yes Yes
Puerto Rico June 2020 Marriage (codification)[256][257] Passed Passed Signed Yes Yes
North Carolina June 2020 Marriage (partial statutory codification)[258] 47 0 Passed Signed Yes Yes
New Hampshire July 2020 Marriage (codification)[259] Passed 209 119 Signed Yes Yes
Rhode Island July 2020 Marriage (expansion)[260] 34 1 64 1 Signed Yes Yes
Rhode Island July 2020 Marriage (expansion)[261] 36 1 67 1 Signed Yes Yes
North Carolina 2023 Marriage (partial statutory codification)[262] 50 0 — — — No No
Virginia 2024 Marriage (expansion) 22 17 54 40 Signed Yes Yes
22 18 58 42 Signed Yes Yes

Notes:

Efforts to prohibit same-sex unions

[edit]

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[263] Passed Passed Signed Yes Yes2
Texas June 1973 Marriage[264][265][266][267][268] 30 1 113 17 Signed Yes Yes
Oklahoma February 1975 Marriage[269] Passed Passed Signed Yes Yes
Arizona April 1975 Marriage[270] Passed Passed Signed Yes Yes
Virginia August 1975 Marriage[271] Passed Passed Signed Yes Yes2
Utah April 1977 Marriage[272] Passed Passed Signed Yes Yes
Florida June 1977 Marriage[273][274][275] 37 0 101 11 Signed Yes Yes
Illinois June 1977 Marriage[276] Passed Passed Signed Yes Yes2
California August 1977 Marriage[277] 23 5 68 2 Signed Yes Yes2
Wyoming October 1977 Marriage[278] Passed Passed Signed Yes Yes
Wisconsin July 1979 Marriage[279] Passed Passed Signed Yes Yes
New Hampshire July 1987 Marriage[280][281] Passed Passed Signed Yes Yes2
Louisiana 1987 Marriage Passed Passed Signed Yes Yes
New Hampshire March 1994 Recognition of out-of-state marriage[282] 11 12 — — — No No
Guam May 1994 Marriage[283] — Passed Signed Yes Yes2
Hawaii June 1994 Marriage[284] Passed Passed Signed Yes Yes2
Utah March 1995 Recognition of out-of-state marriage[285] Passed Passed Signed Yes Yes
South Dakota January 1996 Marriage[286][287][288] 26 8 49 18 Signed Yes Yes
Idaho February 1996 Marriage[287][289] 24 6 66 4 Signed Yes Yes
Idaho March 1996 Recognition of out-of-state marriage[290] 28 4 59 6 Signed Yes Yes
Colorado March 1996 Marriage[291] Passed Passed Vetoed No No
Kansas April 1996 Marriage[287][292] 39 1 87 38 Signed Yes Yes
Georgia April 1996 Marriage[286][287][293] 47 0 135 10 Signed Yes Yes
Arizona May 1996 Marriage[286][287][294] 21 9 50 5 Signed Yes Yes
Alaska May 1996 Marriage and civil union[287][295][296] 16 3 31 9 —3 Yes Yes
Illinois May 1996 Marriage[297][298] 42 9 87 17 Signed Yes Yes2
Tennessee May 1996 Marriage[286][287] 31 0 90 1 Signed Yes Yes
South Carolina May 1996 Marriage[299][300] 45 0 82 0 Signed Yes Yes
Michigan June 1996 Marriage[301][302] 31 2 88 14 Signed Yes Yes
Michigan June 1996 Recognition of out-of-state marriage[301][302] 32 2 74 28 Signed Yes Yes
Delaware June 1996 Marriage[303] 17 3 39 0 Signed Yes Yes2
North Carolina June 1996 Marriage and recognition of out-of-state marriage[304][305][306] 41 4 98 10 Signed Yes Yes
Missouri July 1996 Marriage[307][308] 29 2 131 10 Signed Yes Yes
California August 1996 Marriage[309] 20 21 Passed — No No
Oklahoma September 1996 Marriage[286][287] 42 2 99 0 Signed Yes Yes
Pennsylvania October 1996 Marriage[310][311] 43 5 189 13 Signed Yes Yes
Mississippi February 1997 Marriage[312] 50 0 118 3 Signed Yes Yes
Arkansas February 1997 Marriage[286][313] 34 0 92 2 Signed Yes Yes
North Dakota February 1997 Marriage[286][314] 43 6 73 18 Signed Yes Yes
Texas February 1997 Marriage[312][315][316][317] 31 0 143 0 Signed Yes Yes
Washington February 1997 Marriage[318] 33 15 63 35 Vetoed No No
Virginia March 1997 Recognition of out-of-state marriage[286][319] 40 0 87 9 Signed Yes Yes2
Maine March 1997 Marriage[320] 24 10 106 39 —3 Yes Yes2
Indiana April 1997 Marriage[321][322] 38 10 85 9 Signed Yes Yes
Montana April 1997 Marriage and civil union[286][323] 45 5 73 23 Signed Yes Yes
Florida May 1997 Recognition of out-of-state marriage[286][324] 33 5 97 19 —3 Yes Yes
Minnesota June 1997 Marriage[287][325] 64 0 108 20 Signed Yes Yes2
Colorado June 1997 Marriage[326] Passed Passed Vetoed No No
Washington February 1998 Marriage[327][328] 34 11 65 28 Vetoed 4 Yes Yes2
Kentucky April 1998 Marriage and recognition out-of-state marriage[287][329] 32 2 84 9 Signed Yes Yes
Alabama May 1998 Marriage[330] 30 0 79 12 Signed Yes Yes
Hawaii November 1998 Marriage[286] Passed Passed Signed Yes Yes2
Puerto Rico March 1999 Marriage[331] Passed Passed Signed Yes Yes
Louisiana July 1999 Marriage and recognition of out-of-state marriage[332] 32 0 95 0 Signed Yes Yes
West Virginia March 2000 Marriage[333] Passed 96 3 Signed Yes Yes
New Hampshire March 2000 Recognition of out-of-state marriage[334] — — 128 232 — No No
Vermont April 2000 Marriage[18] 19 11 79 68 Signed Yes Yes
Connecticut April / May 2000 Marriage[335][336] 31 5 96 51 Signed Yes Yes
Colorado May 2000 Marriage[337] 33 32 37 28 Signed Yes Yes
New Hampshire March 2001 Recognition of out-of-state civil union[338] — — 88 276 — No No
Missouri July 2001 Marriage[339][340] 31 0 124 20 Signed Yes Yes
American Samoa March 2003 Marriage[341] Failed — — — No No
Texas May 2003 Recognition of out-of-state same-sex marriage and civil union[342][343][344] 22 9 118 9 Signed Yes Yes
Wisconsin November 2003 Marriage[345][346] 22 10 68 29 Vetoed No No
Ohio February 2004 Marriage, recognition of out-of-state marriage, and civil union[286][347] 18 15 72 22 Signed Yes Yes
Utah March 2004 Civil union[286] 24 4 62 12 Signed Yes Yes
Virginia April 2004 Civil union[286][348] 27 12 69 30 —3 Yes Yes2
New Hampshire May 2004 Recognition of out-of-state marriage[349] 16 7 215 137 Signed Yes Yes2
Connecticut April 2005 Marriage[350] 27 9 85 63 Signed Yes Yes
Wyoming February 2007 Recognition of out-of-state marriage[351] 21 8 — — — No No
New Hampshire March 2009 Civil union[352] — — 136 205 — No No
New Hampshire February 2010 Marriage[353] — — 109 210 — No No
Wyoming March 2011 Recognition of out-of-state marriage[354] 14 16 31 28 — No No
New Hampshire March 2012 Marriage[355] — — 116 211 — No No
Wyoming February 2014 Recognition of out-of-state marriage[159] — — 29 31 — No 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

[edit]
State Intended date Same-sex union Description Outcome
Maine November 2012 Marriage Initiative to establish same-sex marriage.[356] Yes Yes

Efforts to enable ban amendment

[edit]
State Date Type of same-sex union State senate Lower house % of legislative vote required Final outcome
Yes No Yes No
Vote % Vote % Vote % Vote %
Hawaii 1997 Marriage ban permitted Passed 66.67% Advanced
1998 50.01% Yes Constitutional Amendment 2 placed on the ballot
Alaska May 12, 1998[357] Same-sex marriage 14 70% 6 30% 28 70% 12 30% 66.67% Yes Measure 2 placed on the ballot
Indiana February 3, 2004[358] Same-sex marriage 42 84% 7 14% — 50.01% No Died in committee
Georgia February 16, 2004[359]

February 26, 2004

March 31, 2004

Same-sex marriage and civil unions 40 71.43% 14 25% 117 65% 50 27.78% 66.67% Yes Constitutional Amendment 1 placed on the ballot
122 67.78% 52 28.89%
Mississippi March 1, 2004[360][361]

April 7, 2004

Same-sex marriage 51 98.08% 0 0% 97 79.51% 17 13.93% 66.67% Yes Amendment 1 placed on the ballot
Missouri March 1, 2004[362]

May 14, 2004

Same-sex marriage 26 76.47% 6 17.65% 130 79.75% 26 15.95% 50.01% Yes Constitutional Amendment 2 placed on ballot
Wisconsin March 3, 2004[363]

March 11, 2004

Same-sex marriage and civil unions 20 60.61% 13 39.39% 68 68.69% 27 27.27% 50.01% Advanced
December 6, 2005[364]

February 28, 2006

19 57.56% 14 42.42% 62 62.63% 31 31.31% Yes Referendum 1 placed on ballot
Utah March 3, 2004[365] Same-sex marriage and civil unions 20 68.97% 7 24.14% 58 77.33% 14 18.67% 66.67% Yes Constitutional Amendment 3 placed on ballot
Kansas March 5, 2004[366]

March 25, 2004[367]

Same-sex marriage and civil unions — 88 70.4% 36 28.8% 66.67% No Bill was amended

March 25, 2004[368]

Same-sex marriage 17 42.5% 16 40% — No Rejected
Kentucky April 12, 2004[369]

April 13, 2004

Same-sex marriage and civil unions 33 86.84% 5 13.16% 85 85% 11 11% 60% Yes Constitutional Amendment 1 placed on ballot
Oklahoma April 15, 2004[370]

April 22, 2004

Same-sex marriage and civil unions 26 54.17% 19 39.58% 92 91.09% 4 3.96% 50.01% Yes State Question 711 placed on ballot
Kansas May 1, 2004[371]

May 4, 2004

Same-sex marriage and civil unions 27 67.5% 13 32.5% 79 63.2% 45 36% 66.67% No Rejected
Tennessee May 6, 2004[372]

May 19, 2004

Same-sex marriage 28 84.85% 1 3.03% 85 85.86% 5 5.05% 50.01% Advanced
February 28, 2005[373]

March 17, 2005

29 87.88% 3 9.09% 88 88.89% 7 7.07% 66.67% Yes Constitutional Amendment 1 placed on ballot
Louisiana June 6, 2004[374]

June 15, 2004

Same-sex marriage and civil unions 31 79.49% 6 15.38% 88 83.81% 13 12.38% 66.67% Yes Constitutional Amendment 1 placed on ballot
Kansas January 13, 2005[375][376]

February 2, 2005

Same-sex marriage and civil unions 28 70% 11 27.5% 86 68.8% 37 29.6% 66.67% Yes Amendment 1 placed on ballot
South Dakota February 3, 2005[377]

February 28, 2005

Same-sex marriage and civil unions 20 57.14% 14 40% 55 78.57% 14 20% 50.01% Yes Amendment C placed on ballot
Virginia February 26, 2005[378] All types of same-sex unions 30 75% 10 25% 79 79% 17 17% 50.01% Advanced
January 15, 2006[379]

March 7, 2006

28 70% 11 27.5% 85 85% 12 12% Yes Question 1 placed on ballot
South Carolina March 1, 2005[380]

April 14, 2005

Same-sex marriage and civil unions 42 91.3% 1 2.17% 96 77.42% 3 2.42% 66.67% Yes Amendment 1 placed on ballot
January 25, 2007[381]

February 27, 2007

41 89.13% 1 2.17% 92 74.19% 7 5.65% Yes Amendment 1 ratified
Alabama March 8, 2005[382]

March 10, 2005

Same-sex marriage and civil unions 30 85.71% 0 0% 85 80.95% 7 6.67% 60% Yes Amendment 774 placed on ballot
Texas April 25, 2005[383]

May 21, 2005

Same-sex marriage and civil unions 21 67.74% 8 25.81% 101 67.33% 29 19.33% 66.67% Yes Proposition 2 placed on ballot
Idaho February 6, 2006[384]

February 15, 2006

Same-sex marriage and civil unions 26 74.29% 9 25.71% 53 75.71% 17 24.29% 66.67% Yes Constitutional Amendment 2 placed on ballot
Pennsylvania June 6, 2006[385] Same-sex marriage and civil unions — 136 66.97% 61 30.05% 66.67% No Died in committee
June 21, 2006[385] Same-sex marriage 38 76% 12 24% —
Arizona May 12, 2008[386]

June 27, 2008

Same-sex marriage 16 53.33% 4 13.33% 35 55% 25 41.67% 50.01% Yes Proposition 102 placed on ballot
Wyoming February 6, 2009[387] Same-sex marriage — 25 40.32% 35 56.45% 66.67%