December 6, 2002
STATES WITH LAWS RESTRICTING MARRIAGE TO OPPOSITE-SEX COUPLES BEFORE PASSAGE OF THE FEDERAL DEFENSE OF MARRIAGE ACT
By: Susan Price-Livingston, Associate Attorney
You asked whether any states had laws specifically restricting marriage to opposite sex couples before the federal Defense of Marriage Act (DOMA) was passed.
According to Northwestern University law and political science professor Andrew Koppelman, nine states (Colorado, Florida, Indiana, Louisiana, Maryland, Minnesota, New Hampshire, Texas, and Virginia) had such laws. All but three (Maryland, New Hampshire, and Texas) amended these laws further after DOMA's passage in 1996, and we describe their post-DOMA provisions in OLR Report 2002-R-0957.
We enclose copies of the Maryland, New Hampshsire, and Texas statutes.