Same-sex marriage legislation in the United States

Part of the LGBTQ rights series

Legal status of
same-sex unions

Marriage

* Andorra
* Argentina
* Australia
* Austria
* Belgium
* Brazil
* Canada
* Chile
* Colombia
* Costa Rica
* Cuba
* Denmark
* Ecuador
* Estonia
* Finland
* France
* Germany
* Greece
* Iceland
* Ireland
* Liechtenstein
* Luxembourg
* Malta
* Mexico
* Netherlands[i]
* New Zealand[ii]
* Norway
* Portugal
* Slovenia
* South Africa
* Spain
* Sweden
* Switzerland
* Taiwan
* Thailand
* United Kingdom[iii]
* United States[iv]
* Uruguay

Recognized

* Israel[v]
* United States:[iv]
* • American Samoa

Civil unions or registered partnerships but not marriage

* Bolivia
* Croatia
* Cyprus
* Czech Republic
* Hungary
* Italy
* Latvia
* Lithuania
* Monaco
* Montenegro
* San Marino
* United Kingdom:
* • Bermuda
* • Cayman Islands

Minimal recognition

* Bulgaria[vi]
* Cambodia[vii]
* China[viii]
* • Hong Kong[ix]
* India[x]
* Japan[xi]
* Namibia[xii]
* Nepal
* Netherlands:[i]
* • Sint Maarten
* Poland[vi]
* Romania[vi][xiii]
* Slovakia[vi]

See also

* Same-sex union legislation
* Same-sex union court cases
* Timeline of same-sex marriage
* Recognition of same-sex unions in Africa
* Recognition of same-sex unions in Asia
* Recognition of same-sex unions in Europe
* Recognition of same-sex unions in the Americas
* Recognition of same-sex unions in Oceania
* Marriage privatization
* Divorce of same-sex couples
* Domestic partnership
* Military policy
* Adoption
* Listings by country
* LGBTQ rights by country or territory

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. ^ Same-sex marriage is also legal in the Crown Dependencies of Guernsey, the Isle of Man, and Jersey, and the British Overseas Territories of Akrotiri and Dhekelia, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, and South Georgia and the South Sandwich Islands. Same-sex marriage is neither performed nor recognized in six British Overseas Territories: Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands.
4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
6. ^ a b c d 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 confer some limited legal benefits in China, including decisions about medical and personal care.
9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
10. ^ Indian courts have recognized guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
13. ^ Romania provides hospital visitation rights through a "legal representative" status.

LGBTQ portal

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* t
* e

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

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
California | September 1994  | Domestic partnership[11][12] | 21  | 17  | 41  | 26  | Vetoed |  No
Hawaii | March 1996  | Domestic partnership[13] | 14  | 11  | Failed | —  |  No
Hawaii | June 1997  | Reciprocal beneficiary relationship[14] | 24  | 7  | 43  | 27  | Signed |  Yes
California | September 1998  | Domestic partnership[15] | 21  | 17  | 41  | 36  | Vetoed |  No
California | October 1999  | Domestic partnership[16] | 23  | 13  | 41  | 38  | Vetoed |  No
California | October 1999  | Domestic partnership[17] | 22  | 14  | 41  | 36  | Signed |  Yes
Vermont | April 2000  | Civil union[18] | 19  | 11  | 79  | 68  | Signed |  Yes
Rhode Island | July 2001  | Domestic partnership[19] | Passed | Passed | Signed |  Yes
California | August 2001  | Domestic partnership (expansion)[20] | 22  | 12  | 41  | 27  | Signed |  Yes
California | October 2001  | Domestic partnership (expansion)[21] | 23  | 11  | 41  | 32  | Signed |  Yes
New York | August 2002  | Domestic partnership[22] | Passed | 147  | 0  | Signed |  Yes
New York | August 2002  | Domestic partnership (expansion)[23] | Passed | 147  | 0  | Signed |  Yes
California | September 2002  | Domestic partnership (expansion)[24] | 26  | 11  | 41  | 31  | Signed |  Yes
California | September 2002  | Domestic partnership (expansion)[25] | 23  | 13  | 43  | 27  | Signed |  Yes
District of Columbia | April 2003  | Domestic partnership (expansion)[26] | —  | Passed | Signed |  Yes
California | September 2003  | Domestic partnership (expansion)[27] | 23  | 14  | 41  | 33  | Signed |  Yes
New Jersey | January 2004  | Domestic partnership[28] | 23  | 9  | 41  | 28  | Signed |  Yes
Maine | April 2004  | Domestic partnership[29] | 18  | 14  | 84  | 58  | Signed |  Yes
District of Columbia | May 2004  | Domestic partnership (expansion)[30] | —  | Passed | Signed |  Yes
California | September 2004  | Domestic partnership (expansion)[31] | 23  | 12  | 46  | 29  | Signed |  Yes
New York | September 2004  | Domestic partnership (expansion)[32] | Passed | 141  | 1  | Signed |  Yes
District of Columbia | December 2004  | Domestic partnership (expansion)[33] | —  | Passed | Signed |  Yes
District of Columbia | January 2005  | Domestic partnership (expansion)[34] | —  | Passed | Signed |  Yes
Connecticut | April 2005  | Civil union[35] | 27  | 9  | 85  | 63  | Signed |  Yes
Maryland | May 2005  | Domestic partnership[36] | 31  | 16  | 83  | 50  | Vetoed |  No
California | June 2005  | Marriage[37] | —  | —  | Failed | —  |  No
Rhode Island | June 2005  | Domestic partnership (expansion)[38][39] | Passed | —  | —  | —  |  No
Rhode Island | July 2005  | Domestic partnership (expansion)[40][41] | Passed | —  | —  | —  |  No
California | September 2005  | Marriage[42] | 21  | 15  | 41  | 35  | Vetoed |  No
California | September 2005  | Domestic partnership (expansion)[43] | 23  | 15  | 47  | 28  | Signed |  Yes
California | September 2005  | Domestic partnership (expansion)[44] | 21  | 14  | 47  | 32  | Signed |  Yes
District of Columbia | December 2005  | Domestic partnership (expansion)[45] | —  | Passed | Signed |  Yes
New Jersey | January 2006  | Domestic partnership (expansion)[46] | 39  | 0  | 67  | 8  | Signed |  Yes
District of Columbia | January 2006  | Domestic partnership (expansion)[47] | —  | Passed | Signed |  Yes
New York | March 2006  | Domestic partnership (expansion)[48] | Passed | 96  | 25  | Signed |  Yes
Maine | April 2006  | Domestic partnership (expansion)[49] | Passed | Passed | Signed |  Yes
New York | June 2006  | Domestic partnership (expansion)[50] | —  | —  | 114  | 27  | —  |  No
New York | June 2006  | Domestic partnership (expansion)[51] | —  | —  | 116  | 27  | —  |  No
Rhode Island | June 2006  | Domestic partnership (expansion)[52][53] | Passed | Passed | —4 |  Yes
Rhode Island | June 2006  | Domestic partnership (expansion)[53][54] | Passed | Passed | —4 |  Yes
Rhode Island | July 2006  | Domestic partnership (expansion)[55][56] | Passed | Passed | —4 |  Yes
Rhode Island | July 2006  | Domestic partnership (expansion)[56][57] | Passed | Passed | —4 |  Yes
Rhode Island | July 2006  | Domestic partnership (expansion)[58][59] | Passed | Passed | —4 |  Yes
California | September 2006  | Domestic partnership (expansion)[60] | 24  | 15  | 46  | 29  | Signed |  Yes
California | September 2006  | Domestic partnership (expansion)[61] | 23  | 15  | 47  | 31  | Signed |  Yes
New Jersey | December 2006  | Civil union[62] | 23  | 12  | 56  | 19  | Signed |  Yes
District of Columbia | December 2006  | Domestic partnership (expansion)[63] | —  | Passed | Signed |  Yes
New Hampshire | April 2007  | Civil union[64] | —  | —  | Failed | —  |  No
Washington | April 2007  | Registered domestic partnership[65] | 28  | 19  | 63  | 35  | Signed |  Yes
Oregon | May 2007  | Domestic partnership[66] | 21  | 9  | 34  | 26  | Signed |  Yes
Maine | May 2007  | Domestic partnership (expansion)[67] | Passed | Passed | Signed |  Yes
New Hampshire | May 2007  | Civil union[68] | 14  | 10  | 243  | 129  | Signed |  Yes
Maine | June 2007  | Domestic partnership (expansion)[69] | Passed | Passed | Signed |  Yes
Maine | June 2007  | Domestic partnership (expansion)[70] | Passed | Passed | Signed |  Yes
New York | June 2007  | Marriage[71] | —  | —  | 85  | 61  | —  |  No
Rhode Island | July 2007  | Domestic partnership (expansion)[72][73] | Passed | Passed | —4 |  Yes
California | September 2007  | Marriage[74] | 22  | 15  | 42  | 34  | Vetoed |  No
California | October 2007  | Domestic partnership (expansion)[75] | Passed | Passed | Signed |  Yes
Rhode Island | October 2007  | Domestic partnership (expansion)[73][76] | Passed | Passed | Vetoed 1 |  Yes
New Hampshire | January 2008  | Contractual cohabitation[77] | Failed | —  | —  | —  |  No
New York | January 2008  | Domestic partnership (expansion)[78] | Passed | —  | —  | —  |  No
New Mexico | February 2008  | Domestic partnership[79] | —  | —  | 33  | 31  | —  |  No
Washington | March 2008  | Registered domestic partnership (expansion)[80][81] | 29  | 20  | 62  | 32  | Signed |  Yes
Maine | March 2008  | Domestic partnership (expansion)[82] | Passed | Passed | Signed |  Yes
Maryland | April 2008  | Domestic partnership[83] | —  | —  | 86  | 51  | —  |  No
Maryland | May 2008  | Domestic partnership[84] | 30  | 17  | 88  | 46  | Signed |  Yes
Maryland | May 2008  | Domestic partnership[85] | 27  | 20  | 86  | 47  | Signed |  Yes
District of Columbia | May 2008  | Domestic partnership (expansion)[86] | —  | Passed | Signed |  Yes
New Mexico | February 2009  | Domestic partnership[87] | 17  | 25  | —  | —  | —  |  No
Vermont | April 2009  | Marriage[88] | 23  | 5  | 100  | 49  | Vetoed 1 |  Yes
Colorado | April 2009  | Designated beneficiary agreement[89] | 23  | 10  | 41  | 24  | Signed |  Yes
Connecticut | April 2009  | Marriage (codification)[90] | 28  | 7  | 100  | 44  | Signed |  Yes
Maine | May 2009  | Marriage[91] | 21  | 14  | 89  | 58  | Signed |  No2
District of Columbia | May 2009  | Marriage (recognition only)[92][93] | —  | Passed | Signed |  Yes
Washington | May 2009  | Registered domestic partnership (expansion)[94] | 30  | 18  | 62  | 35  | Signed |  Yes3
District of Columbia | May 2009  | Domestic partnership (expansion)[95] | —  | Passed | Signed |  Yes
Maine | May 2009  | Domestic partnership (expansion)[96] | Passed | Passed | Signed |  Yes
Nevada | May 2009  | Domestic partnership[97][98] | 14  | 7  | 28  | 14  | Vetoed1 |  Yes
New Hampshire | June 2009  | Marriage[99] | 14  | 10  | 198  | 176  | Signed |  Yes
Oregon | June 2009  | Domestic partnership (expansion)[100] | 27  | 0  | 41  | 8  | Signed |  Yes
Wisconsin | June 2009  | Domestic partnership  | 17  | 16  | 50  | 48  | Signed |  Yes
New York | August 2009  | Domestic partnership (expansion)[101] | Passed | 142  | 0  | Signed |  Yes
California | October 2009  | Out-of-state pre-proposition 8 marriage recognition[102] | 24  | 14  | 44  | 27  | Signed |  Yes
New York | December 2009  | Marriage[103] | 24  | 38  | 89  | 52  | —  |  No
District of Columbia | December 2009  | Marriage[104] | —  | 11  | 2  | Signed |  Yes
Rhode Island | January 2010  | Domestic partnership (expansion)[105][106] | Passed | Passed | Vetoed 1 |  Yes
Rhode Island | January 2010  | Domestic partnership (expansion)[107][108] | Passed | Passed | Vetoed 1 |  Yes
New York | January 2010  | Domestic partnership (expansion)[109][110] | 61  | 0  | 142  | 0  | Signed |  Yes
New Jersey | January 2010  | Marriage[111] | 14  | 20  | —  | —  | —  |  No
New York | March 2010  | Domestic partnership (expansion)[112] | —  | —  | 119  | 20  | —  |  No
New York | March 2010  | Domestic partnership (expansion)[113][114] | Passed | 137  | 5  | Signed |  Yes
New York | April 2010  | Domestic partnership (expansion)[115][116] | —  | —  | 132  | 9  | —  |  No
Minnesota | May 2010  | Domestic partnership (only 1 entitlement)[117] | 41  | 24  | 78  | 55  | Vetoed |  No
Hawaii | July 2010  | Civil union[118] | 18  | 7  | 31  | 20  | Vetoed |  No
New York | August 2010  | Committed partnership[119][120] | 50  | 11  | 107  | 26  | Signed |  Yes
California | September 2010  | Domestic partnership (expansion)[121] | 23  | 12  | 53  | 24  | Signed |  Yes
Illinois | January 2011  | Civil union[122][123][124] | 32  | 24  | 61  | 52  | Signed |  Yes
Hawaii | February 2011  | Civil union[125] | 18  | 5  | 31  | 19  | Signed |  Yes
New Hampshire | March 2011  | Domestic union[126] | —  | —  | Failed | —  |  No
Maryland | March 2011  | Marriage[127][128] | 25  | 21  | —  | —  | —  |  No
Colorado | March 2011  | Civil union[129][130] | 23  | 12  | —  | —  | —  |  No
Washington | April 2011  | Recognition of out-of-state union as registered domestic partnership[131] | 28  | 19  | 58  | 39  | Signed |  Yes
Nevada | May 2011  | Recognition of out-of-state union as domestic partnership[132] | 21  | 0  | 41  | 0  | Signed |  Yes
Washington | May 2011  | Registered domestic partnership (expansion)[133] | 27  | 21  | 57  | 40  | Signed |  Yes
Delaware | May 2011  | Civil union[134] | 13  | 6  | 26  | 15  | Signed |  Yes
Nevada | May 2011  | Domestic partnership (expansion)[135] | 11  | 10  | —  | —  | —  |  No
New York | June 2011  | Marriage[136] | 33  | 29  | 80  | 63  | Signed |  Yes
Rhode Island | July 2011  | Civil union[137] | 21  | 16  | 62  | 11  | Signed |  Yes
California | September 2011  | Domestic partnership (expansion)[138] | 22  | 13  | 52  | 25  | Signed |  Yes
California | October 2011  | Domestic partnership (expansion)[139] | 25  | 15  | Passed | Signed |  Yes
California | October 2011  | Domestic partnership (expansion)[140] | 24  | 13  | Passed | Signed |  Yes
Washington | February 2012  | Marriage[141] | 28  | 21  | 55  | 43  | Signed |  Yes3
New Jersey | February 2012  | Marriage[142] | 24  | 16  | 42  | 33  | Vetoed |  No
Maryland | March 2012  | Marriage[143] | 25  | 22  | 72  | 67  | Signed |  Yes3
New York | April 2012  | Domestic partnership (expansion)[144] | —  | —  | 129  | 10  | —  |  No
Colorado | May 2012  | Civil union[145] | 23  | 12  | —  | —  | —  |  No
New Jersey | August 2012  | Civil union and domestic partnership (expansion: surrogacy)[146] | 21  | 11  | 41  | 33  | Vetoed |  No
Wyoming | January 2013  | Domestic partnership[147] | —  | —  | 24  | 35  | —  |  No
Colorado | March 2013  | Civil union[148] | 21  | 14  | 39  | 26  | Signed |  Yes
Rhode Island | May 2013  | Marriage[149][150] | 26  | 12  | 56  | 15  | Signed |  Yes
Delaware | May 2013  | Marriage[151] | 12  | 9  | 23  | 18  | Signed |  Yes
Minnesota | May 2013  | Marriage[152] | 37  | 30  | 75  | 59  | Signed |  Yes
Nevada | June 2013  | Domestic partnership (expansion)[153] | 21  | 0  | 41  | 0  | Signed |  Yes
Hawaii | November 2013  | Marriage[154] | 19  | 4  | 30  | 19  | Signed |  Yes
Illinois | November 2013  | Marriage[155][156] | 32  | 21  | 61  | 54  | Signed |  Yes
New York | February 2014  | Marriage (codification)[157][158] | —  | —  | 125  | 10  | —  |  No
Wyoming | February 2014  | Marriage[159] | —  | —  | 17  | 41  | —  |  No
New York | April 2014  | Domestic partnership (expansion)[160][161] | —  | —  | 124  | 14  | —  |  No
California | July 2014  | Marriage (statutory codification)[162][163][164] | 25  | 10  | 51  | 11  | Signed |  Yes
Virginia | February 2015  | Marriage (statutory codification)[165][166][167] | 20  | 18  | —  | —  | —  |  No
Utah | March 2015  | Marriage (partial statutory codification)[168] | 26  | 0  | 39  | 30  | Signed |  Yes
New Mexico | April 2015  | Marriage (partial codification)[169][170] | 35  | 5  | 37  | 10  | Signed |  Yes
Nevada | June 2015  | Domestic partnership (expansion)[171] | 21  | 0  | 42  | 0  | Signed |  Yes
Nevada | June 2015  | Domestic partnership (expansion)[172] | 19  | 0  | 41  | 1  | Signed |  Yes
New Jersey | June 2015  | Marriage, civil union and domestic partnership (expansion: surrogacy)[173] | 21  | 13  | 43  | 25  | Vetoed |  No
Maine | June 2015  | Marriage (expansion)[174] | 35  | 0  | 141  | 0  | Vetoed1 |  Yes
Oregon | July 2015  | Marriage (statutory codification)[175] | 18  | 11  | 40  | 18  | Signed |  Yes
Guam | August 2015  | Marriage (codification)[176][177][178] | —  | 13  | 2  | —4 |  Yes
New York | September 2015  | Marriage (codification)[179][180] | 60  | 0  | 146  | 1  | Signed |  Yes
District of Columbia | December 2015  | Domestic partnership (expansion)[181] | —  | Passed | Signed |  Yes
Oregon | March 2016  | Marriage (statutory codification)[182][183] | 18  | 11  | 43  | 13  | Signed |  Yes
New York | March 2016  | Marriage (codification)[184][185] | —  | —  | 129  | 12  | —  |  No
New York | April 2016  | Domestic partnership (expansion)[186] | —  | —  | 120  | 15  | —  |  No
Colorado | June 2016  | Conversion of civil union into marriage[187][188] | 34  | 0  | 52  | 13  | Signed |  Yes
North Carolina | June 2016  | Marriage (partial statutory codification)[189] | —  | —  | Passed | —  |  No
California | July 2016  | Marriage and domestic partnership (statutory codification)[190][191] | 34  | 0  | 63  | 1  | Signed |  Yes
North Dakota | January 2017  | Marriage (statutory codification)[192][193] | 15  | 31  | —  | —  | —  |  No
New Mexico | February 2017  | Marriage (partial codification)[194][195] | —  | —  | 63  | 0  | —  |  No
Utah | March 2017  | Marriage (partial statutory codification)[196] | 26  | 0  | 74  | 0  | Signed |  Yes
Utah | March 2017  | Marriage (partial statutory codification)[197] | 29  | 0  | 69  | 3  | Signed |  Yes
Utah | March 2017  | Marriage (partial statutory codification)[198] | 27  | 0  | 68  | 0  | Signed |  Yes
Maryland | May 2017  | Domestic partnership (expansion)[199] | 138  | 2  | 45  | 0  | Signed |  Yes
Nevada | May 2017  | Marriage (statutory codification)[200] | 20  | 1  | 28  | 10  | Signed |  Yes
Nevada | June 2017  | Domestic partnership (expansion)[201] | 21  | 0  | 41  | 0  | Signed |  Yes
New York | June 2017  | Marriage (codification)[202] | 62  | 0  | 139  | 0  | Signed |  Yes
New Jersey | June 2017  | Marriage, civil union and domestic partnership (expansion: surrogacy)[203] | 22  | 15  | —  | —  | —  |  No
North Carolina | July 2017  | Marriage (partial statutory codification)[204] | Passed | Passed | Signed |  Yes
Maine | July 2017  | Marriage (codification)[205] | Passed | Passed | —4 |  Yes
Maryland | January 2018  | Domestic partnership (expansion)[206] | 135  | 2  | 45  | 1  | Vetoed |  No
New Mexico | February 2018  | Marriage (partial codification)[207] | —  | —  | 60  | 2  | —  |  No
New York | March 2018  | Marriage (codification)[208] | —  | —  | 129  | 6  | —  |  No
Utah | March 2018  | Marriage (partial statutory codification)[209] | 27  | 0  | 70  | 0  | Signed |  Yes
Utah | March 2018  | Marriage (partial statutory codification)[210] | 23  | 0  | 73  | 0  | Signed |  Yes
Utah | March 2018  | Marriage (partial statutory codification)[211] | 23  | 4  | 44  | 24  | Signed |  Yes
Utah | March 2018  | Marriage (partial statutory codification)[212] | 25  | 3  | 45  | 26  | Signed |  Yes
New York | April 2018  | Domestic partnership (expansion)[213] | —  | —  | 114  | 17  | —  |  No
Minnesota | May 2018  | Marriage (codification)[214] | 34  | 33  | 78  | 50  | Vetoed |  No
New Jersey | May 2018  | Marriage, civil union and domestic partnership (expansion: surrogacy)[215] | Passed | Passed | Signed |  Yes
New York | June 2018  | Marriage (codification)[216] | 57  | 4  | —  | —  | —  |  No
New Hampshire | June 2018  | Marriage (equalization of marriageable age)[217] | Passed | Passed | Signed |  Yes
Arkansas | March 2019  | Marriage (partial statutory codification)[218] | 35  | 0  | 96  | 0  | Signed |  Yes
Nebraska | March 2019  | Marriage (partial statutory codification)[219] | —  | 38  | 6  | Signed |  Yes
New Mexico | March 2019  | Marriage (partial codification)[220] | —  | —  | 53  | 2  | —  |  No
Virginia | March 2019  | Marriage (expansion: surrogacy)[221] | 28  | 12  | 63  | 36  | Signed |  Yes
New Mexico | March 2019  | Marriage (partial codification)[222] | 32  | 8  | 40  | 25  | Signed |  Yes
Nebraska | March 2019  | Marriage (partial statutory codification)[223] | —  | 45  | 0  | Signed |  Yes
Utah | March 2019  | Marriage (partial statutory codification)[224] | 22  | 2  | 55  | 6  | Signed |  Yes
Utah | March 2019  | Marriage (partial statutory codification)[225] | 29  | 0  | 69  | 4  | Signed |  Yes
New Mexico | April 2019  | Marriage (partial codification)[226] | 39  | 0  | 62  | 0  | Signed |  Yes
Maryland | May 2019  | Marriage (expansion)[227] | 34  | 10  | 121  | 15  | Signed |  Yes
Maryland | May 2019  | Marriage (expansion)[228] | 31  | 14  | 133  | 6  | Signed |  Yes
Oklahoma | May 2019  | Marriage (expansion: surrogacy)[229] | 33  | 10  | 84  | 6  | Signed |  Yes
Nebraska | May 2019  | Marriage (partial statutory codification)[230] | —  | 40  | 3  | Signed |  Yes
Nebraska | May 2019  | Marriage (partial statutory codification)[231] | —  | 33  | 8  | Vetoed |  No
Minnesota | May 2019  | Marriage (codification)[232][233] | 52  | 15  | 74  | 50  | Signed |  Yes
Rhode Island | June 2019  | Marriage (expansion)[234] | 35  | 0  | —  | —  | —  |  No
Maine | June 2019  | Marriage (codification)[235] | Passed | Passed | Signed |  Yes
Delaware | July 2019  | Marriage (codification)[236] | 20  | 1  | 37  | 4  | Signed |  Yes
New York | October 2019  | Marriage (codification)[237] | 61  | 0  | 121  | 23  | Signed |  Yes
Hawaii | December 2019  | Marriage and civil union (codification)[238] | —  | —  | Passed | —  |  No
New York | December 2019  | Domestic partnership (expansion)[239][240] | 59  | 0  | 122  | 24  | Signed |  Yes
New Hampshire | January 2020  | Marriage (codification)[241] | —  | —  | Failed | —  |  No
New Mexico | February 2020  | Marriage (partial codification)[242] | 42  | 0  | 64  | 0  | Signed |  Yes
Nebraska | February 2020  | Marriage (partial statutory codification)[243] | —  | 47  | 0  | Signed |  Yes
New Mexico | February 2020  | Marriage (partial codification)[244] | 40  | 0  | 67  | 0  | Signed |  Yes
Virginia | March 2020  | Marriage (partial statutory codification)[245] | 28  | 12  | 63  | 34  | Signed |  Yes
Virginia | March 2020  | Marriage (partial statutory codification)[246] | 25  | 13  | 62  | 38  | Signed |  Yes
Virginia | March 2020  | Marriage (partial statutory codification)[247] | 33  | 6  | 58  | 42  | Signed |  Yes
Utah | March 2020  | Marriage (partial statutory codification)[248] | 24  | 1  | 70  | 0  | Signed |  Yes
Utah | March 2020  | Marriage (partial statutory codification)[249] | 27  | 0  | 71  | 0  | Signed |  Yes
Virginia | April 2020  | Marriage (partial statutory codification)[250] | 39  | 1  | 91  | 6  | Signed |  Yes
New York | April 2020  | Marriage (expansion)[251][252] | Passed | Passed | Signed |  Yes
Virginia | April 2020  | Marriage (statutory codification)[253] | 24  | 16  | 53  | 43  | Signed |  Yes
New York | April 2020  | Domestic partnership (expansion)[254][255] | 62  | 0  | 131  | 11  | Signed |  Yes
Puerto Rico | June 2020  | Marriage (codification)[256][257] | Passed | Passed | Signed |  Yes
North Carolina | June 2020  | Marriage (partial statutory codification)[258] | 47  | 0  | Passed | Signed |  Yes
New Hampshire | July 2020  | Marriage (codification)[259] | Passed | 209  | 119  | Signed |  Yes
Rhode Island | July 2020  | Marriage (expansion)[260] | 34  | 1  | 64  | 1  | Signed |  Yes
Rhode Island | July 2020  | Marriage (expansion)[261] | 36  | 1  | 67  | 1  | Signed |  Yes
North Carolina | 2023  | Marriage (partial statutory codification)[262] | 50  | 0  | Failed | —  |  No
Virginia | 2024  | Marriage (statutory codification)  | 22  | 17  | 54  | 40  | Signed |  Yes
Kansas | April 2024  | Marriage (statutory codification)[263] | —  | —  | 43  | 61  | —  |  No
Pennsylvania | July 2024  | Marriage (codification)[262] | —  | —  | 133  | 68  | —  |  No[264]
Missouri | February 2025  | Marriage (statutory codification)  | 6  | 19  | —  | —  | —  |  No[265]
Colorado | March 2025  | Marriage (codification)[266] | 29  | 6  | 45  | 14  | Signed |  Yes

Notes:

* 1Veto overridden
* 2People's veto (Maine Question 1, 2009)
* 3People's veto failed (Washington Referendum 71, Washington Referendum 74, Maryland Question 6)
* 4The bill was allowed to lapse into law.

### 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[267] | Passed | Passed | Signed |  Yes2
Texas | June 1973  | Marriage[268][269][270][271][272] | 30  | 1  | 113  | 17  | Signed |  Yes
Oklahoma | February 1975  | Marriage[273] | Passed | Passed | Signed |  Yes
Arizona | April 1975  | Marriage[274] | Passed | Passed | Signed |  Yes
Virginia | August 1975  | Marriage[275] | Passed | Passed | Signed |  Yes2
Utah | April 1977  | Marriage[276] | Passed | Passed | Signed |  Yes
Florida | June 1977  | Marriage[277][278][279] | 37  | 0  | 101  | 11  | Signed |  Yes
Illinois | June 1977  | Marriage[280] | Passed | Passed | Signed |  Yes2
California | August 1977  | Marriage[281] | 23  | 5  | 68  | 2  | Signed |  Yes2
Wyoming | October 1977  | Marriage[282] | Passed | Passed | Signed |  Yes
Wisconsin | July 1979  | Marriage[283] | Passed | Passed | Signed |  Yes
New Hampshire | July 1987  | Marriage[284][285] | Passed | Passed | Signed |  Yes2
Louisiana | 1987  | Marriage  | Passed | Passed | Signed |  Yes
New Hampshire | March 1994  | Recognition of out-of-state marriage[286] | 11  | 12  | —  | —  | —  |  No
Guam | May 1994  | Marriage[287] | —  | Passed | Signed |  Yes2
Hawaii | June 1994  | Marriage[288] | Passed | Passed | Signed |  Yes2
Utah | March 1995  | Recognition of out-of-state marriage[289] | Passed | Passed | Signed |  Yes
South Dakota | January 1996  | Marriage[290][291][292] | 26  | 8  | 49  | 18  | Signed |  Yes
Idaho | February 1996  | Marriage[291][293] | 24  | 6  | 66  | 4  | Signed |  Yes
Idaho | March 1996  | Recognition of out-of-state marriage[294] | 28  | 4  | 59  | 6  | Signed |  Yes
Colorado | March 1996  | Marriage[295] | Passed | Passed | Vetoed |  No
Kansas | April 1996  | Marriage[291][296] | 39  | 1  | 87  | 38  | Signed |  Yes
Georgia | April 1996  | Marriage[290][291][297] | 47  | 0  | 135  | 10  | Signed |  Yes
Arizona | May 1996  | Marriage[290][291][298] | 21  | 9  | 50  | 5  | Signed |  Yes
Alaska | May 1996  | Marriage and civil union[291][299][300] | 16  | 3  | 31  | 9  | —3 |  Yes
Illinois | May 1996  | Marriage[301][302] | 42  | 9  | 87  | 17  | Signed |  Yes2
Tennessee | May 1996  | Marriage[290][291] | 31  | 0  | 90  | 1  | Signed |  Yes
South Carolina | May 1996  | Marriage[303][304] | 45  | 0  | 82  | 0  | Signed |  Yes
Michigan | June 1996  | Marriage[305][306] | 31  | 2  | 88  | 14  | Signed |  Yes
Michigan | June 1996  | Recognition of out-of-state marriage[305][306] | 32  | 2  | 74  | 28  | Signed |  Yes
Delaware | June 1996  | Marriage[307] | 17  | 3  | 39  | 0  | Signed |  Yes2
North Carolina | June 1996  | Marriage and recognition of out-of-state marriage[308][309][310] | 41  | 4  | 98  | 10  | Signed |  Yes
Missouri | July 1996  | Marriage[311][312] | 29  | 2  | 131  | 10  | Signed |  Yes
California | August 1996  | Marriage[313] | 20  | 21  | Passed | —  |  No
Oklahoma | September 1996  | Marriage[290][291] | 42  | 2  | 99  | 0  | Signed |  Yes
Pennsylvania | October 1996  | Marriage[314][315] | 43  | 5  | 189  | 13  | Signed |  Yes
Mississippi | February 1997  | Marriage[316] | 50  | 0  | 118  | 3  | Signed |  Yes
Arkansas | February 1997  | Marriage[290][317] | 34  | 0  | 92  | 2  | Signed |  Yes
North Dakota | February 1997  | Marriage[290][318] | 43  | 6  | 73  | 18  | Signed |  Yes
Texas | February 1997  | Marriage[316][319][320][321] | 31  | 0  | 143  | 0  | Signed |  Yes
Washington | February 1997  | Marriage[322] | 33  | 15  | 63  | 35  | Vetoed |  No
Virginia | March 1997  | Recognition of out-of-state marriage[290][323] | 40  | 0  | 87  | 9  | Signed |  Yes2
Maine | March 1997  | Marriage[324] | 24  | 10  | 106  | 39  | —3 |  Yes2
Indiana | April 1997  | Marriage[325][326] | 38  | 10  | 85  | 9  | Signed |  Yes
Montana | April 1997  | Marriage and civil union[290][327] | 45  | 5  | 73  | 23  | Signed |  Yes
Florida | May 1997  | Recognition of out-of-state marriage[290][328] | 33  | 5  | 97  | 19  | —3 |  Yes
Minnesota | June 1997  | Marriage[291][329] | 64  | 0  | 108  | 20  | Signed |  Yes2
Colorado | June 1997  | Marriage[330] | Passed | Passed | Vetoed |  No
Washington | February 1998  | Marriage[331][332] | 34  | 11  | 65  | 28  | Vetoed 4 |  Yes2
Kentucky | April 1998  | Marriage and recognition out-of-state marriage[291][333] | 32  | 2  | 84  | 9  | Signed |  Yes
Alabama | May 1998  | Marriage[334] | 30  | 0  | 79  | 12  | Signed |  Yes
Hawaii | November 1998  | Marriage[290] | Passed | Passed | Signed |  Yes2
Puerto Rico | March 1999  | Marriage[335] | Passed | Passed | Signed |  Yes
Louisiana | July 1999  | Marriage and recognition of out-of-state marriage[336] | 32  | 0  | 95  | 0  | Signed |  Yes
West Virginia | March 2000  | Marriage[337] | Passed | 96  | 3  | Signed |  Yes
New Hampshire | March 2000  | Recognition of out-of-state marriage[338] | —  | —  | 128  | 232  | —  |  No
Vermont | April 2000  | Marriage[18] | 19  | 11  | 79  | 68  | Signed |  Yes
Connecticut | April / May 2000  | Marriage[339][340] | 31  | 5  | 96  | 51  | Signed |  Yes
Colorado | May 2000  | Marriage[341] | 33  | 32  | 37  | 28  | Signed |  Yes
New Hampshire | March 2001  | Recognition of out-of-state civil union[342] | —  | —  | 88  | 276  | —  |  No
Missouri | July 2001  | Marriage[343][344] | 31  | 0  | 124  | 20  | Signed |  Yes
American Samoa | March 2003  | Marriage[345] | Failed | —  | —  | —  |  No
Texas | May 2003  | Recognition of out-of-state same-sex marriage and civil union[346][347][348] | 22  | 9  | 118  | 9  | Signed |  Yes
Wisconsin | November 2003  | Marriage[349][350] | 22  | 10  | 68  | 29  | Vetoed |  No
Ohio | February 2004  | Marriage, recognition of out-of-state marriage, and civil union[290][351] | 18  | 15  | 72  | 22  | Signed |  Yes
Utah | March 2004  | Civil union[290] | 24  | 4  | 62  | 12  | Signed |  Yes
Virginia | April 2004  | Civil union[290][352] | 27  | 12  | 69  | 30  | —3 |  Yes2
New Hampshire | May 2004  | Recognition of out-of-state marriage[353] | 16  | 7  | 215  | 137  | Signed |  Yes2
Connecticut | April 2005  | Marriage[35] | 27  | 9  | 85  | 63  | Signed |  Yes
Wyoming | February 2007  | Recognition of out-of-state marriage[354] | 21  | 8  | —  | —  | —  |  No
New Hampshire | March 2009  | Civil union[355] | —  | —  | 136  | 205  | —  |  No
New Hampshire | February 2010  | Marriage[356] | —  | —  | 109  | 210  | —  |  No
Wyoming | March 2011  | Recognition of out-of-state marriage[357] | 14  | 16  | 31  | 28  | —  |  No
New Hampshire | March 2012  | Marriage[358] | —  | —  | 116  | 211  | —  |  No
Wyoming | February 2014  | Recognition of out-of-state marriage[159] | —  | —  | 29  | 31  | —  |  No
Tennessee | January 2016  | Marriage (repeal by Natural Marriage Defense Act)[359] | —  | —  | Failed | —  |  No
North Carolina | April 2017  | Marriage (repeal by the Uphold Historical Marriage Act).[360] | —  | —  | Failed | —  |  No
South Carolina | March 2018  | Marriage (repeal by declaring same-sex marriage as parodical marriages)[361] | —  | —  | Failed | —  |  No
Iowa | January 2023  | Marriage (declares Respect for Marriage Act inapplicable in Iowa)[362] | —  | —  | Failed | —  |  No
Idaho | January 2023  | Marriage (declares "there would only be marriage recognized between a man and a woman").[363] | —  | —  | Failed | —  |  No
Indiana | January 2024  | Marriage and recognition of foreign marriages.[364] | —  | —  | Failed | —  |  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.

### Proposed resolutions calling on the U.S. Congress to pass a federal constitutional amendment or law banning same-sex marriage

[edit]

State  | Date  | Type of same-sex union  | Upper house  | Lower house  | Governor  | Final
outcome1

|
|
|
|
|
|

Yes  | No  | Yes  | No
Arkansas | March 2017  | Marriage[365] [366][367] | 18  | 9  | 29  | 41  |  |  No

### Proposed memorials requesting to Supreme Cort the reversal of Obergefell

[edit]

Votes by state legislatures calling to reverse Obergefell, sorted by date:

State  | Date  | Type of same-sex union  | Upper house  | Lower house  | Governor  | Final
outcome1

|
|
|
|
|
|

Yes  | No  | Yes  | No
South Dakota | February 2025  | Marriage[368] |  |  | Failed |  |  No
North Dakota | March 2025  | Marriage[369] | 16  | 31  | 52  | 40  |  |  No
Montana | March 2025  | Marriage[370][371] |  |  | Failed |  |  No
Idaho | Unknown  | Marriage[372][373] | Pending | 46  | 24  |  |
Oklahoma | Unknown  | Marriage[374] | Pending |  |  |  |
Iowa | Unknown  | Marriage[375] | Pending |  |  |  |
Michigan | Unknown  | Marriage[376] |  |  | Pending |  |

### 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.[377] |  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%  |  Constitutional Amendment 2 placed on the ballot
Alaska | May 12, 1998[378] | Same-sex marriage  | 14  | 70%  | 6  | 30%  | 28  | 70%  | 12  | 30%  | 66.67%  |  Measure 2 placed on the ballot
Indiana | February 3, 2004[379] | Same-sex marriage  | 42  | 84%  | 7  | 14%  | —  | 50.01%  |  Died in committee
Georgia | February 16, 2004[380]

* * *

February 26, 2004

* * *

March 31, 2004

| Same-sex marriage and civil unions  | 40  | 71.43%  | 14  | 25%  | 117  | 65%  | 50  | 27.78%  | 66.67%  |  Constitutional Amendment 1 placed on the ballot
122  | 67.78%  | 52  | 28.89%
Mississippi | March 1, 2004[381][382]

* * *

April 7, 2004

| Same-sex marriage  | 51  | 98.08%  | 0  | 0%  | 97  | 79.51%  | 17  | 13.93%  | 66.67%  |  Amendment 1 placed on the ballot
Missouri | March 1, 2004[383]

* * *

May 14, 2004

| Same-sex marriage  | 26  | 76.47%  | 6  | 17.65%  | 130  | 79.75%  | 26  | 15.95%  | 50.01%  |  Constitutional Amendment 2 placed on ballot
Wisconsin | March 3, 2004[384]

* * *

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[385]

* * *

February 28, 2006

| 19  | 57.56%  | 14  | 42.42%  | 62  | 62.63%  | 31  | 31.31%  |  Referendum 1 placed on ballot
Utah | March 3, 2004[386] | Same-sex marriage and civil unions  | 20  | 68.97%  | 7  | 24.14%  | 58  | 77.33%  | 14  | 18.67%  | 66.67%  |  Constitutional Amendment 3 placed on ballot
Kansas | March 5, 2004[387]

* * *

March 25, 2004[388]

| Same-sex marriage and civil unions  | —  | 88  | 70.4%  | 36  | 28.8%  | 66.67%  |  Bill was amended

March 25, 2004[388]

| Same-sex marriage  | 17  | 42.5%  | 16  | 40%  | —  |  Rejected
Kentucky | April 12, 2004[389]

* * *

April 13, 2004

| Same-sex marriage and civil unions  | 33  | 86.84%  | 5  | 13.16%  | 85  | 85%  | 11  | 11%  | 60%  |  Constitutional Amendment 1 placed on ballot
Oklahoma | April 15, 2004[390]

* * *

April 22, 2004

| Same-sex marriage and civil unions  | 26  | 54.17%  | 19  | 39.58%  | 92  | 91.09%  | 4  | 3.96%  | 50.01%  |  State Question 711 placed on ballot
Kansas | May 1, 2004[391]

* * *

May 4, 2004

| Same-sex marriage and civil unions  | 27  | 67.5%  | 13  | 32.5%  | 79  | 63.2%  | 45  | 36%  | 66.67%  |  Rejected
Tennessee | May 6, 2004[392]

* * *

May 19, 2004

| Same-sex marriage  | 28  | 84.85%  | 1  | 3.03%  | 85  | 85.86%  | 5  | 5.05%  | 50.01%  | Advanced
February 28, 2005[393]

* * *

March 17, 2005

| 29  | 87.88%  | 3  | 9.09%  | 88  | 88.89%  | 7  | 7.07%  | 66.67%  |  Constitutional Amendment 1 placed on ballot
Louisiana | June 6, 2004[394]

* * *

June 15, 2004

| Same-sex marriage and civil unions  | 31  | 79.49%  | 6  | 15.38%  | 88  | 83.81%  | 13  | 12.38%  | 66.67%  |  Constitutional Amendment 1 placed on ballot
Kansas | January 13, 2005[395][396]

* * *

February 2, 2005

| Same-sex marriage and civil unions  | 28  | 70%  | 11  | 27.5%  | 86  | 68.8%  | 37  | 29.6%  | 66.67%  |  Amendment 1 placed on ballot
South Dakota | February 3, 2005[397]

* * *

February 28, 2005

| Same-sex marriage and civil unions  | 20  | 57.14%  | 14  | 40%  | 55  | 78.57%  | 14  | 20%  | 50.01%  |  Amendment C placed on ballot
Virginia | February 26, 2005[398] | All types of same-sex unions  | 30  | 75%  | 10  | 25%  | 79  | 79%  | 17  | 17%  | 50.01%  | Advanced
January 15, 2006[399]

* * *

March 7, 2006

| 28  | 70%  | 11  | 27.5%  | 85  | 85%  | 12  | 12%  |  Question 1 placed on ballot
South Carolina | March 1, 2005[400]

* * *

April 14, 2005

| Same-sex marriage and civil unions  | 42  | 91.3%  | 1  | 2.17%  | 96  | 77.42%  | 3  | 2.42%  | 66.67%  |  Amendment 1 placed on ballot
January 25, 2007[401]

* * *

February 27, 2007

| 41  | 89.13%  | 1  | 2.17%  | 92  | 74.19%  | 7  | 5.65%  |  Amendment 1 ratified
Alabama | March 8, 2005[402]

* * *

March 10, 2005

| Same-sex marriage and civil unions  | 30  | 85.71%  | 0  | 0%  | 85  | 80.95%  | 7  | 6.67%  | 60%  |  Amendment 774 placed on ballot
Texas | April 25, 2005[403]

* * *

May 21, 2005

| Same-sex marriage and civil unions  | 21  | 67.74%  | 8  | 25.81%  | 101  | 67.33%  | 29  | 19.33%  | 66.67%  |  Proposition 2 placed on ballot
Idaho | February 6, 2006[404]

* * *

February 15, 2006

| Same-sex marriage and civil unions  | 26  | 74.29%  | 9  | 25.71%  | 53  | 75.71%  | 17  | 24.29%  | 66.67%  |  Constitutional Amendment 2 placed on ballot
Pennsylvania | June 6, 2006[405] | Same-sex marriage and civil unions  | —  | 136  | 66.97%  | 61  | 30.05%  | 66.67%  |  Died in committee
June 21, 2006[405] | Same-sex marriage  | 38  | 76%  | 12  | 24%  | —
Arizona | May 12, 2008[406]

* * *

June 27, 2008

| Same-sex marriage  | 16  | 53.33%  | 4  | 13.33%  | 35  | 55%  | 25  | 41.67%  | 50.01%  |  Proposition 102 placed on ballot
Wyoming | February 6, 2009[407] | Same-sex marriage  | —  | 25  | 40.32%  | 35  | 56.45%  | 66.67%  |  Died in committee
West Virginia | March 30, 2009[408] | Same-sex marriage  | —  | 30  | 30%  | 67  | 67%  | 66.67%
Indiana | January 28, 2010[409] | Same-sex marriage and civil unions  | 38  | 76%  | 10  | 20%  | —  | 50.01%
New Hampshire | February 17, 2010[410] | Same-sex marriage  | —  | 135  | 33.75%  | 201  | 50.25%  | 60%
Wyoming | January 27, 2011[411] | Same-sex marriage  | 20  | 64.52%  | 10  | 32.26%  | —  | 66.67%
Iowa | February 1, 2011[412] | Same-sex marriage  | —  | 62  | 62%  | 37  | 37%  | 50.01%
Indiana | February 15, 2011[413]

* * *

March 29, 2011

| Same-sex marriage and civil unions  | 40  | 80%  | 10  | 20%  | 70  | 70%  | 26  | 26%  | 50.01%  |  Advanced, but bill was amended
January 28, 2014[414]

* * *

February 17, 2014

| Same-sex marriage  | 32  | 64%  | 17  | 34%  | 57  | 57%  | 40  | 40%  | Advanced
2015/2016

[415][416]

| —  |  Not reintroduced in General Assembly
Minnesota | May 11, 2011[417]

* * *

May 21, 2011

| Same-sex marriage  | 37  | 55.22%  | 27  | 40.3%  | 70  | 52.24%  | 62  | 46.27%  | 50.01%  |  Constitutional Amendment 1 placed on ballot
North Carolina | September 12, 2011[418]

* * *

September 13, 2011

| Same-sex marriage and civil unions  | 30  | 60%  | 16  | 32%  | 75  | 62.5%  | 42  | 35%  | 60%  |  Constitutional Amendment 1 placed on ballot

### Efforts to ban same-sex unions by constitutional amendment

[edit]

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|

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  | Initiated or legislatively referred ballot measure | Ban on  | Date  |  Yes vote  |  No vote  | Total votes  | Voter turnout  | Electorate  | Final
outcome

|
|
|
|
|
|
|
|
|

Votes  | %  | Votes  | %
Alaska | Measure 2 | Marriage  | November 3, 1998 | 152,965[419] | 68.11% | 71,631  | 31.89%  | 224,596  | 49.54%  | 453,332  |  Yes
Hawaii | Constitutional Amendment 2 | Marriage ban
permitted  | 285,384[420] | 69.18% | 117,827  | 28.56%  | 412,520  | 67.19%  | 601,404  |  Yes
Nebraska | Initiative Measure 416 | All types of same-sex unions  | November 7, 2000 | 477,571[421] | 70.1% | 203,667  | 29.9%  | 681,238  | 62.77%  | 1,085,217  |  Yes
Nevada | Ballot Question 2 | Marriage  | 412,688[422] | 69.62% | 180,077  | 30.38%  | 592,765  | 67.8%  | 874,304  |  Yes
November 5, 2002 | 337,197[423] | 67.2% | 164,573  | 32.8%  | 501,770  | 57.68%  | 869,859  |  Yes
Missouri | Constitutional Amendment 2 | August 3, 2004 | 1,055,771[424][425] | 70.61% | 439,529  | 29.39%  | 1,495,300  | 42.93%  | 3,483,481  |  Yes
Louisiana | Constitutional Amendment 1 | Marriage and
civil union  | September 18, 2004 | 619,908[426][427] | 77.78% | 177,067  | 22.22%  | 796,975  | 27.91%  | 2,855,561  |  Yes
Kentucky | Constitutional Amendment 1 | Marriage and
civil union  | November 2, 2004 | 1,222,125[428][429] | 74.56% | 417,097  | 25.44%  | 1,639,222  | 58.7%  | 2,794,286  |  Yes
Georgia | Constitutional Amendment 1 | Marriage and
civil union  | 2,454,930[429][430][431] | 76.15% | 768,716  | 23.85%  | 3,223,646  | 75.87%  | 4,248,837  |  Yes
Ohio | State Issue 1 | Marriage and
civil union  | 3,329,335[432] | 61.71% | 2,065,462  | 38.29%  | 5,394,797  | 67.66%  | 7,972,826  |  Yes
Mississippi | Amendment 1 | Marriage  | 957,104[429][433][434] | 86.01% | 155,648  | 13.99%  | 1,112,752  | 53.78%  | 2,068,766  |  Yes
Oklahoma | State Question 711 | Marriage and
civil union  | 1,075,216[435][436] | 75.59% | 347,303  | 24.41%  | 1,422,519  | 66.35%  | 2,143,978  |  Yes
Arkansas | Constitutional Amendment 3 | Marriage and
civil union  | 753,770[437][438] | 74.95% | 251,914  | 25.05%  | 1,053,399  | 62.47%  | 1,686,124  |  Yes
Michigan | State Proposal - 04-2 | All types of same-sex unions  | 2,698,077[439][440] | 58.62% | 1,904,319  | 41.38%  | 4,602,396  | 64.24%  | 7,164,047  |  Yes
Montana | Constitutional Initiative 96 | Marriage  | 295,070[441] | 66.56% | 148,263  | 33.44%  | 443,333  | 69.44%  | 638,474  |  Yes
Utah | Constitutional Amendment 3 | Marriage and
civil union  | 593,297[442] | 65.86% | 307,488  | 34.14%  | 900,785  | 70.47%  | 1,278,251  |  Yes
North Dakota | Constitutional Measure 1 | Marriage and
civil union  | 223,538[443] | 73.23% | 81,708  | 26.77%  | 305,246  | 62.68%  | 487,010  |  Yes
Oregon | State Measure 36 | Marriage  | 1,028,546[444][445] | 56.63% | 787,556  | 43.37%  | 1,816,102  | 84.82%  | 2,141,249  |  Yes
Kansas | Amendment 1 | Marriage and
civil union  | April 5, 2005 | 417,627[446][447] | 69.95% | 179,432  | 30.05%  | 597,059  | 35.35%  | 1,688,926  |  Yes
Texas | Proposition 2 | Marriage and
civil union  | November 8, 2005 | 1,723,782[448][449] | 76.25% | 536,913  | 23.75%  | 2,260,695  | 17.97%  | 12,577,545  |  Yes
Alabama | Amendment 774 | Marriage and
civil union  | June 6, 2006 | 697,591[450][451] | 81.18% | 161,694  | 18.82%  | 859,285  | 35.61%  | 2,413,279  |  Yes
South Carolina | Amendment 1 | Marriage and
civil union  | November 7, 2006 | 829,360[452][453] | 77.97% | 234,316  | 22.03%  | 1,063,676  | 43.37%  | 2,452,714  |  Yes
Virginia | Question 1 | All types of same-sex unions  | 1,328,537[454][455] | 57.06% | 999,687  | 42.94%  | 2,328,224  | 51.12%  | 4,554,683  |  Yes
Tennessee | Constitutional Amendment 1 | Marriage  | 1,419,434[456][457] | 81.25% | 327,536  | 18.75%  | 1,746,970  | 46.73%  | 3,738,703  |  Yes
Wisconsin | Referendum 1 | Marriage and
civil union  | 1,264,310[458][459] | 59.43% | 862,924  | 40.57%  | 2,127,234  | 49.97%  | 4,256,721  |  Yes
South Dakota | Amendment C | All types of same-sex unions  | 172,305[460][461][462] | 51.83% | 160,152  | 48.17%  | 332,457  | 65.56%  | 507,132  |  Yes
Colorado | Amendment 43 | Marriage  | 855,206[463] | 55.02% | 699,030  | 44.98%  | 1,554,236  | 62.6%  | 2,533,058  |  Yes
Arizona | Proposition 107 | Marriage and
civil union  | 721,789[464] | 48.21%  | 775,498  | 51.79% | 1,496,987  | 58.28%  | 2,568,401  |  No
Idaho | Constitutional Amendment 2 | Marriage and
civil union  | 282,386[465] | 63.35% | 163,384  | 36.65%  | 445,770  | 58.27%  | 764,880  |  Yes
Florida | Constitutional Amendment 2 | Marriage and
civil union  | November 4, 2008 | 4,890,883[466][467] | 61.92% | 3,008,026  | 38.08%  | 8,456,329  | 75.18%  | 11,247,634  |  Yes
Arizona | Proposition 102 | Marriage  | 1,258,355[468] | 56.2% | 980,753  | 43.8%  | 2,239,078  | 74.95%  | 2,987,451  |  Yes
California | Proposition 8 | 7,001,084[469][470] | 52.24% | 6,401,482  | 47.76%  | 13,743,177  | 79.42%  | 17,304,091  |  Yes
North Carolina | Constitutional Amendment 1 | Marriage and
civil union  | May 8, 2012 | 1,317,178[471][472] | 61.04% | 840,802  | 38.96%  | 2,157,980  | 34.27%  | 6,296,759  |  Yes
Minnesota | Constitutional Amendment 1 | Marriage  | November 6, 2012 | 1,399,916[473][474] | 47.44%  | 1,510,434  | 51.19% | 2,950,780  | 76.42%  | 3,861,043  |  No

### Post-Obergefell attempts to repeal constitutional amendments banning same-sex unions

[edit]

State  | Date  | Type of same-sex union  | Upper house  | Lower house  | Final
outcome

|
|
|
|
|

Yes  | No  | Yes  | No
Nevada | 2017  | Same-sex marriage  | 19  | 2  | 27  | 14  | Advanced
March/May 2019  | 19  | 2  | 37  | 2  | Placed on Ballot
November 2020  | Referendum (62.4%) |  Yes
Virginia | February 2021  | Same-sex marriage, civil union and any marriage-like contract between unmarried persons  | 24  | 12  | 60  | 33  | Advanced
2022  | 25  | 14  | \-  | \-  |  No
California | 2023  | Same-sex marriage  | 31  | 0  | 67  | 0  | Placed on Ballot
Referendum (62.62%) |  Yes
November 2024
Hawaii | March/April 2024  | Legislative authority to enact same-sex marriage ban  | 24  | 1  | 43  | 6  | Placed on Ballot
November 2024  | Referendum (55.94%) |  Yes
Colorado | April/May 2024  | Same-sex marriage  | 29  | 5  | 46  | 14  | Placed on Ballot
November 2024  | Referendum (64.33%) |  Yes
Virginia | January 2025  | Same-sex marriage, civil union and any marriage-like contract between unmarried persons  | 24  | 15  | 58  | 35  | Advanced
2026  | Pending | Pending |

### Constitutional codification of same-sex unions in states that did not have a constitutional ban on such unions

[edit]

State  | Date  | Type of same-sex union  | Upper house  | Lower house  | Final
outcome

|
|
|
|
|

Yes  | No  | Yes  | No
Delaware | 2025 [475] | Same-sex marriage  | 16  | 5  |  |  | Pending
Unknown  |  |  |  |  | Placed on Ballot not required
|  |

### Proposed attempts to constitutionally block same-sex unions

[edit]

State  | 2000s  | 2010s  | Details  |

|
|
|
|

Delaware | 2009  |  | A proposed constitutional amendment, Senate Bill 27, to ban same-sex marriage failed.[476] |  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.[477] On January 27, 2014, the Indiana House voted 52–43 to remove the ban on civil unions from the proposed measure.[478] On January 28, 2014, the Indiana House voted 57–40 in favor of the amended measure.[479] 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.[480] |  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.[481] |  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.[482][483] Both are referred to other area.[clarification needed] The bill would have been approved by majority by both the Senate and house by May 23, 2011.[clarification needed] On May 11, 2011, the Senate passed the bill 38–27.[484] 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.[485] |  Failed
New Hampshire | 2006
2007  | 2010  | On February 17, 2010, a proposed constitutional amendment failed in the house by a 201–135 margin.[486][487] 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.[488] The resolution would define marriage as one man and one woman for the state of New Mexico.[489] |  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.[490][491] |  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.[492][493] Another proposition was introduced in January 2011[494] 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,[495] but it died in the house.[496] |  Failed

### Efforts to ban same-sex unions by statute

[edit]

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.[497]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

[edit]

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|

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.[498] The case was appealed to the United States Supreme Court, but dismissed on October 10, 1972.[499] |  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.[500] |  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.[501] |  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.[502][503] |  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.[504] The following day Chang stayed his ruling, acknowledging the "legally untenable" position couples would be in should the Supreme Court reverse him on appeal.[505] Hawaii Supreme Court ruled that plaintiffs' arguments were moot in light of 1998 state constitutional amendment.[506] |  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.[507] |  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.[508] |  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.[509] |  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.[510][511] |  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.[512] |  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.[513] |  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.[514] |  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.[515] |  No  |  No
Washington | Andersen v. King County | July 26, 2006  | 4  | 5  | Washington Supreme Court upholds Washington's statute banning same-sex marriage.[516] |  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.[517] |  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.[518] |  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.[519][520] |  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.[521] |  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.[522] |  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.[523] |  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.[524] |  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.[525] |  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.[526] |  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.[527] |  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.[528] |  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.[529] 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".[530] On December 21, 2012, District 4 Court of Appeals affirms Judge Moeser's decision in a unanimous ruling.[531] 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.[532] |  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,[533] which the plaintiffs, did on April 16, 2013.[534] |  No  | Pending (Lewis and Clark County District Court)
New Mexico | Griego v. Oliver | December 19, 2013  | 5  | 0  | On March 21, 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 December 19, 2013, New Mexico's Supreme Court declared that denying marriage to same-sex couples is unconstitutional in the state.[535] |  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.[536] 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.[537] On July 3, 2013, the Texas Supreme Court sua sponte ordered supplemental merits briefing in light of United States v. Windsor.[538] | 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.[539][540] The appeal was still pending in December 2012.[541] | 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

[edit]

* LGBTQ portal
* United States portal

* Same-sex marriage in the United States
* Same-sex marriage status in the United States by state
* Same-sex marriage law in the United States by state
* Same-sex marriage in tribal nations in the United States
* Same-sex union legislation
* Divorce of same-sex couples

## References

[edit]

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2. ^ 28 U.S.C. § 1738C
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