Under the Defense of Marriage Act, passed in 1998, marriage became an issue to be decide upon by the states, instead of the Federal Government. Because of varied public opinion, states vary greatly on this issue with some state having passed laws approving gay marriage and many laws having put a constitutional ban on it.
Passed the Sanctity of Marriage Amendment (#774) in 2006, this made it unconstitutional for the state to recognize or perform same-sex marriages (approved 81%). Gay marriage in Alabama is currently illegal. There are no domestic partnership protections in Alabama.
Passed a state constitutional amendment banning gay marriage (1996), and in 1998 the voters passed and approved Measure 2 that bans same-sex marriage and allowing the state legislature to pass any law regarding the issue. There are no laws giving protections to domestic partners and gay marriage in Alaska is currently illegal.
Same sex marriage in Arizona is constitutionally banned as of 2006 (ban approved 52%). However, AZ Prop 102 is being pushed which would allow a “separate but equal” status for same-sex unions. Only Phoenix and Tucson have passed such measures.
Voters passed a constitutional amendment in 2004 banning same-sex marriage with a 3-1 margin. Gay marriage in Arkansas is not permitted and marriage is legally defined as between one man and one woman. No specific rights are given to domestic partners by the State of Arkansas.
The state granted marriage licenses to same-sex couples from June 16-November 5 2008, however it no longer does so. Select cities and areas, mainly the large cities, in California do recognize and protect domestic partnerships. Gay marriage in California is not currently permitted.
California did pass Prop 8, a law that bans gay marriage, which was ruled unconstitutional by Judge Walker and is currently in appeals.
Both same-sex and common law marriages are constitutionally banned; however same-sex couples are granted some death and beneficiary rights under the Designated Beneficiary Agreements Act of 2006. The City of Denver does extend domestic partnership benefits and has a registry for those couples. Gay marriage in Colorado is not currently permitted.
Same-sex marriage has been legal since 2008 when the legislature voted the law through and the decision has not been repealed.
Beginning January 1, 2012 Delaware will recognize same-sex civil unions. A constitutional ban on gay marriage in Delaware was voted down in the Senate in 2009.
Same sex marriage in Florida and civil unions were constitutionally banned in 2008 (62% approve). Domestic partnerships are allowed in Broward County (home to Fort Lauderdale) as does West Palm Beach.
In 2004 76% of voters approved a constitutional ban on gay marriage in Georgia. This was ruled unconstitutional in May of 2006, however in July a higher court overturned the ruling. Gay marriage is currently banned in the state of Georgia. A number of municipalities do offer domestic partnership benefits.
Though in 1998 Hawaiian voters gave the right to define marriage as one man and one woman to the legislators, domestic partnerships in Hawaii and its benefits are available to same sex couples beginning January 1, 2012. Gay marriage in Hawaii is currently illegal.
Legislature passed a ban on gay marriage in Idaho, civil unions and domestic partnerships. 70% of voters approved the ban. Idaho has no laws providing rights or protections to domestic partnerships in any municipality.
In 2011 SB 1716 was enacted which legalized civil unions for same sex couples, though gay marriage in Illinois is currently banned.
As of March 2011 both the Indiana state House and Senate had approved a bill banning gay marriage in Indiana and included language which bans the state from making domestic partnership laws. The bill explicitly states that marriage is between one man and won woman and “no legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”
According to Indiana state law, this bill must pass again in 2013 or 2014 to be written into the state constitution.
In 2009 the Iowa state Supreme Court struck down a ban on gay marriage as the County’s case centered on the idea that same sex couples were not the optimal setting for raising children. The Court, however, found that the law did not exclude abusive or neglectful parents and therefore was purely discriminating against same sex couples because of their sexual orientation. Gay marriage in Iowa is legal.
Gay marriage in Kansas has been constitutionally banned. Kansas became the 18th state to pass a constitutional amendment defining marriage in 2005.
In 2004, Kentucky voters approved a constitutional amendment defining marriage as being between one man and one woman with 74% of voters. Gay marriage in Kentucky is illegal.
In September of 2004 voters approved a ban on gay marriage in Louisiana. The City of New Orleans extends benefits to domestic partners.
Gay marriage in Maine was approved and passed by the state legislature in 2009 however a ballot measure repealed the law just six months later. Because of the fairly close split. 53-49, LGBT activists in Maine feel that voters are ready for another look and are collecting signatures in an attempt to put another bill in support of same sex marriage on the 2012 election.
Gay marriage in Massachusetts is legal and according to Massachusetts General Law c.207, “the same laws and procedures that govern traditional marriage also apply to same sex marriage.”
This law was enacted after gay rights activists won the court case Goodridge v. Massachusetts Department of Public Health. The court found that the laws excluding homosexuals from entering into these private unions were arbitrary and infringed on people’s personal autonomy.
Voters passed a ban on gay marriage in Michigan back in 2004 by an extremely narrow margin (51%). The Michigan State Supreme Court found the law discriminatory because of language barring civil unions or domestic partnerships and healthcare benefits for partners.
Domestic partner benefits in Michigan are available. Further, the Michigan Civil Service Commission has made a decision allowing health benefits to be extended to partners of employees.
Gay marriage in Minnesota is currently banned under state law. However, a constitutional ban on gay marriage which includes language defining marriage as between one man and one woman will be on the 2012 ballot.
Domestic partnership benefits are offered in many counties and cities in Minnesota.
Gay marriage in Mississippi was banned in 2004 when voters passed a constitutional amendment explicitly declaring marriage as between one man and one woman.
No benefits are extended to domestic partners nor are civil unions allowed by the state or in any municipality.
Voters passed a ban on gay marriage in Missouri in 2004 with 71% of the population voting to limit marriage to a heterosexual institution.
Several Cities, including St. Louis and Kansas City, allow domestic partnerships and provide them with some similar benefits as married couples.
Initiative 96 made gay marriage in Montana illegal in 2004. The amendment to the Montana State Constitution was approved by 67% of voters.
Currently, the state does not provide any benefits to domestic partners and does not allow civil unions.
Gay marriage in Nebraska was banned by voters in 2000 with 70% of voters saying that marriage should be limited to one man and one woman. This amendment was ruled as unconstitutional in 2005, however that ruling was overturned just a year later by the Nebraska 8th Circuit Court of Appeals.
Currently the State of Nebraska does not extend any benefits to domestic partnerships.
Nevada voters passed a constitutional amendment in 2002 banning gay marriage in Nevada. The ban passed with just under 70% of the populace voting in favor of limiting marriage to a contract between one man and one woman.
However, effective October 1, 2009, the state legislature voted to approve and extend domestic partnership benefits in Nevada that are not equal to marriage but do provide many benefits.
Gay marriage in New Hampshire is legal and has been since 2009 when the state legislature replaced the Civil Union law enacted on January 1, 2008. Though there have been efforts to repeal both the 2007 and 2009 laws, both have been defeated.
The law allowing gay marriage has been in effect since January 1, 2010.
Gay marriage in New Jersey is not currently permitted by state law. A bill meant to legalize gay marriage was defeated in 2010 in the New Jersey State Senate by a vote of 20-14. Activists on both sides are preparing for a legal battle that will legalize gay marriage through judicial means.
The State of New Jersey did pass the Domestic Partnership Law which extends limited benefits to couples over the age of 62.
Gay marriage in New Mexico is not currently permitted, though it has yet to be constitutionally banned. Attorney General King said that out of state marriage licenses given to gay couples will be recognized but it remains unclear as to whether or not the courts will agree.
Some cities and counties do provide rights to domestic partnerships.
We're diligently working on compiling same-sex marriage laws for every U.S. State. Please check back soon!