You asked for a summary of state laws and constitutional amendments concerning same-sex marriage.

SUMMARY

We found 43 states that have laws, constitutional amendments, or both, concerning same-sex marriages. In 1996, the federal government passed the Defense of Marriage Act (DOMA). This act seeks to define marriage as a legal union between one man and one woman and give states the ability to create their own DOMAs.

Thirty-eight states enacted laws to prohibit same-sex marriages or deny same-sex couples rights available to married couples. Each state includes at least one of three different provisions proscribing same-sex marriage statutorily or constitutionally. These provisions are (1) specifically defining marriage as a legal union between a man and a woman, (2) denying recognition of same-sex marriages solemnized in other states, and (3) making same-sex marriage a violation of public policy. Three more states, Vermont, Maryland, and Wyoming, already had similar laws concerning same-sex marriage before the federal DOMA was enacted.

Seventeen states have constitutional amendments defining marriage as a legal union between one man and one woman. Twelve states, Arkansas, Georgia, Kentucky, Michigan, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, Oregon, and Utah had voters approve these amendments in 2004. Kansas passed a constitutional amendment on April 5, 2005. Four states, Alaska, Hawaii, Nebraska, and Nevada had previously amended the state constitution to legally define marriage. Louisiana passed an amendment defining marriage in 2004, but the Louisiana Supreme Court determined the amendment was unconstitutional due to a procedural error.

ANALYSIS OF STATE LAWS

Eleven states have laws that define marriage as a legal union between a man and woman, deny recognition of same-sex marriages solemnized in other states, and make same-sex marriage a violation of public policy. These states are Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, Ohio, and Tennessee.

Twelve states define marriage as a union between a man and woman and deny recognition of same-sex marriages solemnized in other states. These states are Alaska, Colorado, Florida, Indiana, Kentucky, Mississippi, Nebraska, North Carolina, Oklahoma, South Dakota, Utah, and West Virginia.

Three states deny recognition of same-sex marriages solemnized in other states and make such marriages a violation of public policy. These states are Pennsylvania, Texas, and South Carolina.

Eleven states only define marriage as a legal union between a man and woman. These states are California, Hawaii, Iowa, Maryland, Minnesota, Nevada, North Dakota, Oregon, Vermont, Washington, and Wyoming.

Five states only deny recognition of same-sex marriages solemnized in other states. These states are Arizona, Delaware, Illinois, Maine, and Virginia.

New Hampshire does not follow any of the above criteria dealing with same-sex marriages, but it prohibits a man from marrying another man and a woman from marrying another woman (N. H. Rev. Stat. Ann. § 457: 1).

Eight states currently have litigation challenging the constitutionality of the DOMA laws or the constitutional amendments. These states are California, Florida, Georgia, Indiana, Kentucky, Louisiana, Oregon, and Washington.

Attachment 1 provides a comparison of the language each state uses concerning same-sex marriage.

Attachment 1: Comparison of the Language Used in State Laws Prohibiting Same-Sex Marriages

Attachment 1: Continued

Attachment 1: Continued

Attachment 1: Continued

^{i States that have constitutional amendments defining marriage as a legal union between one man and one woman}

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^{Delaware does not legally define marriage as consisting only of a man and woman, but does prohibit the marriage of same-sex couples.}

^{Louisiana passed a constitutional amendment defining marriage in 2004, but the Louisiana Supreme Court ruled it unconstitutional due to a procedural error.}

^{Pennsylvania does not legally define marriage as consisting only of a man and woman, but strongly declares that its public policy shall be between one man and one woman.}

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