Same-sex marriage status in the United States by state
Encyclopedia
Same-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled
in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts
became the first state to legalize same-sex marriage
in 2004, other states have redefined their own marriage laws, both for and against same-sex marriage.
This article tracks the status of those laws. It is intended only as a resource for the bottom line
current legal status of same-sex unions right now regardless of pending litigation. See same-sex marriage legislation in the United States
for the outcome of specific legislation and same-sex marriage law in the United States by state for detailed descriptions.
Marriage
is defined as the union of one man and one woman in at least 42 states. Currently, 30 states have added amendments banning same-sex unions to their constitutions. There are five states that recognize or will soon recognize same-sex marriages, and a total of six (plus the District of Columbia) that recognize some form of same-sex civil union
s or domestic partnership
s.
Baehr v. Miike
Baehr v. Miike is a 1993 Supreme Court of Hawaii case in which three same-sex couples argued that the state's prohibition of same-sex marriage violated the state constitution...
in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
became the first state to legalize same-sex marriage
Same-sex marriage in Massachusetts
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...
in 2004, other states have redefined their own marriage laws, both for and against same-sex marriage.
This article tracks the status of those laws. It is intended only as a resource for the bottom line
Bottom Line
The Bottom Line was a music venue at 15 West Fourth Street between Mercer Street and Greene Street in the Greenwich Village neighborhood of Manhattan, New York City...
current legal status of same-sex unions right now regardless of pending litigation. See same-sex marriage legislation in the United States
Same-sex marriage legislation in the United States
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.-Federal level:...
for the outcome of specific legislation and same-sex marriage law in the United States by state for detailed descriptions.
Marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
is defined as the union of one man and one woman in at least 42 states. Currently, 30 states have added amendments banning same-sex unions to their constitutions. There are five states that recognize or will soon recognize same-sex marriages, and a total of six (plus the District of Columbia) that recognize some form of same-sex civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s or domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
s.
State-by-state listing
Below is the status of the law in each of the 50 states, plus the District of Columbia.- The Marriage Defined column tells whether that state contains any statutes or constitutional language that defines marriage as between a man and a woman or otherwise bans same-sex marriages.
- The Constitution sub-column gives links to the constitutional amendment story, if existing.
- The Statute leads to the corresponding section of Same-sex marriage legislation in the United States by stateSame-sex marriage legislation in the United States by stateThis article summarizes the legal and political actions taken by the individual states of the United States regarding same-sex marriage. The texts are following.- Alabama :Texts :...
to afford full legislation about constitution and statutes. (Under construction, if not afforded, see HRC and Domawatch links below that page).
- The other links (licenses - Civil unions status - domestic partnership status - provides for appropriate page denominations according to marriage - civil unions - domestic partnership and shows the existing pages if the link is active. Civil unions denomination is left in the plural form because it is the rule used for other countries (see Category:Marriage, unions and partnerships by country below )
- The details for the marriage recognition (Recogn.) are to be found with the marriage license link when active. Since constitutional bans are more difficult to overturn, the marriage license and recognition columns have been merged in such cases for relevant states.
- Def. means constitutional definition amendment for the corresponding unions or partnership. When it happens to be the same constitutional definition amendment as the link in the Marriage Defined - Constitution column, the Def. and Status columns have been merged. Otherwise another link is proposed to the other relevant amendment in the Def. column in relevant cases.
- The blue squares show what is allowed and green ones, potential changes in the near future.
- The notes column gives better detail and recent possibilities.
State | Marriage | Same-sex unions | Notes | |||||||
---|---|---|---|---|---|---|---|---|---|---|
Defined | Result | Civil Unions | Domestic Partnership |
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Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status | |||
Alabama Alabama Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland... |
Yes Alabama Sanctity of Marriage Amendment The Alabama Sanctity of Marriage Amendment of 2006, also known as Amendment 774, is an amendment to the Alabama Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions... |
Yes | Banned | Banned | No | None | ||||
Alaska Alaska Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait... |
Yes Alaska Ballot Measure 2 (1998) Ballot Measure 2 of 1998 is a ballot measure that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the... |
Yes | Banned | No | None | No | None | Petitions are made to start a ban ballot on civil unions too, but have all failed over the years. | ||
Arizona Arizona Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix... |
Yes Arizona Proposition 102 (2008) Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a referendum held in 2008. It added Article 30 of the Arizona Constitution, which says:"Only a union of one man and one woman shall be valid or recognized as a marriage in this state."- Overview :On... |
Yes | Banned | No | None | No | None | |||
Arkansas Arkansas Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River... |
Yes Arkansas Constitutional Amendment 3 (2004) Constitutional Amendment 3 of 2004, is an amendment to the Arkansas Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.... |
Yes | Banned | Banned | No | None | ||||
California California California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area... |
Yes California Proposition 8 (2008) Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections... |
Yes (°) | Banned Same-sex marriage in California The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so... Ban upheld by California Supreme Court. Ban overturned by the District Court for Northern California United States District Court for the Northern District of California The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San... , ruling stayed pending appeal. |
Yes; Conditional | No | None |
No | Yes | Main article: Same-sex marriage in California Same-sex marriage in California The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...
Originally in 1999 under a passed law granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over the years that now has virtually nearly all the legal rights, duties and responsibilities of marriage in California - just as Nevada, Oregon and Washington state have done just next door. Now a domestic partnership in California is the same as another states civil union scheme (e.g. Hawaii-eff. 2012, Delaware-eff. 2012, Illinois, New Jersey and Rhode Island). |
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Colorado Colorado Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains... |
Yes Colorado Amendment 43 (2006) Amendment 43 proposes adding a new section to Article II of the Colorado Constitution that defines marriage in Colorado as only a union between one man and one woman.Recognized marriages in Colorado would be:# only between a man and a woman... |
Yes | Banned | No | Failed (Still Proposed) | Yes | few rights in a designated beneficiary agreement | On November 2006 ballot, Colorado banned marriage but rejected a referendum Colorado Referendum I (2006) Referendum I was a proposed law which would have established domestic partnerships in the U.S. state of Colorado. The bill was passed by the Colorado General Assembly and was submitted to popular referendum during general elections on November 7, 2006.... to allow a "civil union"-like domestic partnership, sustained by a constitutional amendment. See also this table. In 2011, the Civil Union Bill passed the state Senate by a vote of 23-12. The state House Committee rejected the bill by a vote of 5-6, because the Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... party have a one-seat majority in the House. In 2012, it is expected that the same bill will pass the floor of the state Senate again and come to a state House Committee vote again, however it is hard to say if the same bill will pass both the 2 state House Committees and on the voting floor of the state House. |
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Connecticut Connecticut Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately... |
No | No | Legal Same-sex marriage in Connecticut Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:... * by Supreme Court decision, then by legislation. |
Yes | Converted into civil marriage on 1 October 2010 | Converted into civil marriage on 1 October 2010 | None | None | Main article: Same-sex marriage in Connecticut Same-sex marriage in Connecticut Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:... Connecticut allows full civil marriage licences to same-sex couples since November 2008 and all civil unions converted into civil marriage on 1 October 2010. |
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Delaware Delaware Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania... |
No | Yes | Not legal | Yes, only as civil unions (effective 1.1.2012 at 10am) | Yes (effective from 1.1.2012 at 10am, just like Hawaii). | Yes (Effective 1/1/2012 at 10am - just like Hawaii) | No | None | The 2011 Delaware state Legislature passed and the Governor signed the Civil Union Act 2011 into law on May 2011. The civil union law will become effective from 1.1.2012 at 10am - just like Hawaii. | |
District of Columbia | No | No | Legal | Yes | No | None | No | Legal* | Main article: Same-sex marriage in the District of Columbia Domestic partnerships were enacted in 1992; implemented from 2002 and then expanded from 2003 to 2009. Same-sex marriages were legalized on December 18, 2009 and marriages began on March 9, 2010. |
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Florida Florida Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it... |
Yes | Yes | Banned | Banned | No | None | ||||
Georgia Georgia (U.S. state) Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788... |
Yes Georgia Constitutional Amendment 1 (2004) Georgia Constitutional Amendment 1 of 2004, is an amendment to the Georgia Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 76% of the voters.... |
Yes | Banned | Banned | No | None | ||||
Hawaii Hawaii Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of... |
Yes Hawaii Constitutional Amendment 2 (1998) Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted... |
Yes | Ban permitted Not legal. |
No, banned under statute since 1998. | Yes, effective from 1.1.2012 midnight just like Delaware. | Yes (Effective midnight 1/1/12 just like Delaware) |
No | Legal* | Minimal benefits, available to all adults, including relatives; official terminology is reciprocal beneficiary relationship*. Civil Union Act 2011 No 1 has been approved on February 2011 in the 2011 Hawaii State Legislature and signed into law by the Governor, effective midnight from 1.1.2012 - just like Delaware. |
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Idaho Idaho Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state.... |
Yes Idaho Amendment 2 (2006) Idaho Amendment 2 of 2006 is an amendment to the Idaho Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions... |
Yes | Banned | Banned | No | None | ||||
Illinois Illinois Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,... |
No | Yes | Not legal Same-sex marriage in Illinois Illinois recognizes same-sex unions in the form of civil unions that provide same-sex couples the rights of marriage under state law. Civil unions were legalized in Illinois on January 31, 2011, after Governor Pat Quinn signed legislation, and the law went into effect on June 1, 2011... |
Yes, as civil unions only | Yes. | Yes | No | None | Petitions are made to start a ban ballot have been unsuccessful in all Legislative sessions. The Civil Unions And Religious Freedoms And Protections Act passed the 2010 Illinois Legislature in just 2 days, got signed into law on January 28, 2011 by the Governor and became effective from June 1, 2011. See Civil union in the United States#Illinois. | |
Indiana Indiana Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is... |
No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative to start a ban ballot voted on and passed in the 2011 Legislative session and must pass again in the same format in the next legislative session. | |
Iowa Iowa Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New... |
No | No | Legal Same-sex marriage in Iowa Same-sex marriage in the U.S. state of Iowa became legal on April 3, 2009.Iowa's first dealings with same-sex marriage came in 1998, after recent court cases on same-sex unions, starting in Hawaii, found that denying the right to marry to same-sex couples was incompatible with the Equal Protection... * by Supreme Court decision |
Yes | No | None | No | None | Main article: Same-sex marriage in Iowa Same-sex marriage in Iowa Same-sex marriage in the U.S. state of Iowa became legal on April 3, 2009.Iowa's first dealings with same-sex marriage came in 1998, after recent court cases on same-sex unions, starting in Hawaii, found that denying the right to marry to same-sex couples was incompatible with the Equal Protection... In August 2007, Polk County Polk County, Iowa Polk County is a county located in the U.S. state of Iowa. The population was 430,640 in the 2010 census, an increase from 374,601 in the 2000 census. The county seat is Des Moines, which is also the capital city of Iowa... judge ruled Iowa's statutory ban on same-sex marriage was unconstitutional, but ruling was quickly stayed and appealed. On appeal, the Iowa Supreme Court Iowa Supreme Court The Iowa Supreme Court is the highest court in the U.S. state of Iowa. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices.... upheld the Polk County ruling in the case of Varnum v. Brien Varnum v. Brien Varnum v. Brien, 763 N.W.2d 862 , is an Iowa court case in which six same-sex couples filed suit against Timothy Brien, Polk County Recorder, for refusing to grant marriage licenses to them... . Legislative initiative to begin constitutional ban ballot process was unsuccessful in 2009. Republicans Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... will continue to try to push for these ballot bans in the next Legislative sessions, while the Democrats Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... will continue to oppose ballot bans in the next legislative sessions. |
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Kansas Kansas Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south... |
Yes Kansas proposed amendment 1 (2005) Kansas Proposed Amendment 1 of 2005 is an amendment to the Kansas Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters.The amendment states:... |
Yes | Banned | Banned | None | |||||
Kentucky Kentucky The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth... |
Yes Kentucky Constitutional Amendment 1 (2004) Kentucky Constitutional Amendment 1 of 2004, is an amendment to the Kentucky Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.... |
Yes | Banned | Banned | No | None | ||||
Louisiana Louisiana Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties... |
Yes Louisiana Constitutional Amendment 1 (2004) Louisiana Constitutional Amendment 1 of 2004, is an amendment to the Louisiana Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 78% of the voters.... |
Yes | Banned | Banned | No | None | ||||
Maine Maine Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost... |
No (but proposed by Republicans Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... ) |
Banned by statute since 1997 and was rejected by "the people's veto Popular referendum A popular referendum is a type of a referendum that provides a means by which a petition signed by a certain minimum number of registered voters can force a... " in 2009. |
No (rejected by "the people's veto" in 2009) | No/Yes, only as domestic partnerships. | No | None | Yes (both opposite sex and same sex since 2004) | Legal Domestic partnership in Maine Domestic partnerships were established in the state of Maine by statute in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage... * |
Main article: Domestic partnership in Maine Domestic partnership in Maine Domestic partnerships were established in the state of Maine by statute in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage... The Maine Domestic Partnership Act came into effect on July 30, 2004. Same-sex couple who married elsewhere may register their marriage as a domestic partnership. In 2009, the "people's veto" won by 52.9 percent in November and repealed the recently passed same sex marriage that passed the Maine Legislature and got signed into law. |
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Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... |
No | Yes | Not legal Same-sex marriage in Maryland The U.S. state of Maryland does not currently perform same-sex marriage. In 2004, supporters of same-sex marriage filed a lawsuit, Deane & Polyak v. Conaway, which sought to allow these unions to occur in the state... * Same-Sex Marriage Postponed until 2012 |
Not legal, but recognised since 2010. | No | None | Few rights, unregistered domestic partnerships provide certain limited legal rights - just like Colorado, Maine and Wisconsin. | Legal* | Main article: Same-sex marriage in Maryland Same-sex marriage in Maryland The U.S. state of Maryland does not currently perform same-sex marriage. In 2004, supporters of same-sex marriage filed a lawsuit, Deane & Polyak v. Conaway, which sought to allow these unions to occur in the state... "The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973." Since 2010 same sex marriage has been recognised in Maryland. In 2011, the Maryland Senate passed by a vote of 25-21 the Civil Marriage Equality and Religious Protections Bill 2011, the Maryland House failed to pass the bill into law because of time limits, delays in debating and filibusters – However the same bill will be voted on in the 2012 Maryland Legislative Session. |
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Massachusetts Massachusetts The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010... |
No | No | Legal Same-sex marriage in Massachusetts Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry... * by Supreme Court decision |
Yes. | No | None | No | None | Main article: Same-sex marriage in Massachusetts Same-sex marriage in Massachusetts Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry... |
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Michigan Michigan Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake".... |
Yes Michigan State Proposal - 04-2 (2004) Michigan State Proposal - 04-2 of 2004, is an amendment to the Michigan Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions... |
Yes | Banned | Banned | Banned* by Supreme Court decision |
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Minnesota Minnesota Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state... |
No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative and petitions are made to start a ban ballot. Following the 2011 Minnesota Legislature vote, there will be constitutional amendment to define marriage as: a marriage can only be between a man and a woman under the laws of this state written into the Minnesota Constitution on November 2012. | |
Mississippi Mississippi Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi... |
Yes Mississippi Amendment 1 (2004) Amendment 1 of 2004 is an amendment to the Mississippi Constitution that prohibited same-sex marriages from being conducted or recognized in Mississippi... |
Yes | Banned | No | None | No | None | |||
Missouri Missouri Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It... |
Yes Missouri Constitutional Amendment 2 (2004) Constitutional Amendment 2 of 2004 is an amendment to the Missouri Constitution that prohibited same-sex marriages from being conducted or recognized in Missouri. The Amendment passed via public referendum on August 3, 2004 with 71% of voters supporting and 29% opposing. Every county voted in... |
Yes | Banned | No | None | No | None | |||
Montana Montana Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,... |
Yes Montana Initiative 96 (2004) Initiative 96 of 2004 is a ballot initiative that amended the Montana Constitution to prevent same-sex marriages from being conducted or recognized in Montana... |
Yes | Banned | No | None | No | None | |||
Nebraska Nebraska Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River.... |
Yes Nebraska Initiative Measure 416 (2000) Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters.... |
Yes | Banned | Banned | Banned | |||||
Nevada Nevada Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its... |
Yes Nevada Question 2 (2002) Question 2 of 2002 is a ballot measure that amended the Nevada Constitution by adding a definition of marriage that prevented same-sex marriages from being conducted or recognized in Nevada... |
Yes | Banned | No | No | Yes | Yes | Domestic partnership legislation in Nevada is similar to CA, OR and WA models. | ||
New Hampshire New Hampshire New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian... |
No | No | Legal | Yes | Converted into civil marriage on 1 January 2011. | Converted into civil marriage on 1 January 2011. | No | None | Since 1.1.2010, New Hampshire allows full civil marriage licences to same-sex couples and all civil unions automatically converted into civil marriage a year later. | |
New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... |
No | No* | Proposed | As civil unions |
No | Legal | No | No more but present valid ones allowed. |
Main article: Same-sex marriage in New Jersey The state U.S. state A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of... of New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court New Jersey Supreme Court The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776... , in Lewis v. Harris Lewis v. Harris Lewis v. Harris, 188 N.J. 415; 908 A.2d 196 , is a New Jersey Supreme Court case that held that same-sex couples are entitled to the same equal protection as heterosexual couples under the state constitution.... , required the New Jersey Legislature New Jersey Legislature The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate... to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples. A bill now allows civil unions that will supersede domestic partnerships. These are no more applied but may remain for the present ones. |
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New Mexico New Mexico New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S... |
No | No | None Same-sex marriage in New Mexico Same-sex marriages are not performed in the state of New Mexico, which also does not provide civil unions or domestic partnerships. Although New Mexican law does not explicitly permit or prohibit same-sex marriage, the state does not recognize such marriages established in other jurisdictions.A... |
None | No | None | No | None | Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). | |
New York New York New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east... |
Yes | Yes | Legal Same-sex marriage in New York Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day... |
Yes. | No | None | No | None | Main article: Same-sex marriage in New York Same-sex marriage in New York Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day... The Marriage Equality Act 2011 passed the 2011 New York State Legislature (after a 33-29 vote in the NY state Senate) on 24/6/2011 and then two hours later the bill got signed into law by the Governor and became effective 30 days later. |
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North Carolina North Carolina North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte... |
No | Yes | Not legal Same-sex marriage in North Carolina North Carolina recognizes neither same-sex marriages nor any other form of legal recognition of same sex-unions. The state bans same-sex marriage by state statute, though there is currently no constitutional amendment banning same-sex unions implanted at this time... |
Not legal | No | None | No | None | Legislative initiative and petitions are made to start a ban ballot Same-sex marriage legislation in the United States 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.-Federal level:... . Following the 2011 North Carolina Legislature vote, there will be constitutional amendment to define marriage as: a marriage can only be between a man and a woman in this state under the laws of this state written into the North Carolina Constitution on May 2012, during the primary election. |
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North Dakota North Dakota North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S.... |
Yes North Dakota Constitutional Measure 1 (2004) North Dakota Constitutional Measure 1 of 2004, is an amendment to the North Dakota Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 73% of the voters.... |
Yes | Banned | Banned | No | None | ||||
Ohio Ohio Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus... |
Yes Ohio State Issue 1 (2004) Ohio State Issue 1 of 2004, is a ballot measure that amended the Ohio Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions... |
Yes | Banned | Banned | No | None | ||||
Oklahoma Oklahoma Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state... |
Yes Oklahoma State Question 711 (2004) Oklahoma State Question 711 of 2004, is an amendment to the Oklahoma Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 76 percent of the voters... |
Yes | Banned | Banned | No | None | ||||
Oregon Oregon Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern... |
Yes Oregon Ballot Measure 36 (2004) Ballot Measure 36 was a 2004 initiative in the U.S. state of Oregon. It amended the Oregon Constitution to define marriage as a union of one man and one woman. The initiative passed with 1,028,546 votes in favor, and 787,556 votes against in the November 2, 2004 general election.It is one of a... |
No | Banned* | No | Legal Domestic partnership in Oregon In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded to married couples available to same-sex couples. The new status will be referred to in Oregon law as a domestic partnership, avoiding the use... |
No | Yes Domestic partnership in Oregon In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded to married couples available to same-sex couples. The new status will be referred to in Oregon law as a domestic partnership, avoiding the use... |
Main article: Same-sex marriage in Oregon Domestic partnership legislation in Oregon is very similar to the CA, NV and WA models. |
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Pennsylvania Pennsylvania The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to... |
No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative to start a ban ballot voted on and passed in the 2011 Legislative session and must pass again in the same format in the next legislative session. | |
Rhode Island Rhode Island The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area... |
No | No | Proposed Same-sex marriage in Rhode Island Recognition of same-sex unions in Rhode Island is legal in the form of civil unions in that state as of July 1, 2011. Since 2002, Rhode Island has allowed for unregistered domestic partnerships that provide some of the rights and benefits of marriage Recognition of same-sex unions in Rhode Island... |
Yes, as civil unions. | Yes | Yes | No | None | Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). Does not award marriage licenses, but does extend limited rights to same-sex couples. Now this is the basis on which RI will recognize the same-sex couples married in Massachusetts Same-sex marriage in Massachusetts Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry... according to the Attorney General. The Civil Union Act 2011 passed the 2011 Rhode Island state Legislature on 28 June 2011 and was signed into law on July 2, 2011 by the Governor and was made retrospective Retrospective Retrospective generally means to take a look back at events that already have taken place. For example, the term is used in medicine, describing a look back at a patient's medical history or lifestyle.-Music:... from 1 July 2011. |
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South Carolina South Carolina South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence... |
Yes South Carolina Amendment 1 (2006) South Carolina Amendment 1 of 2006 amended the South Carolina Constitution to make it unconstitutional for the U.S. state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 78% of voters... |
Yes | Banned | Banned | Yes South Carolina Amendment 1 (2006) South Carolina Amendment 1 of 2006 amended the South Carolina Constitution to make it unconstitutional for the U.S. state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 78% of voters... |
None | ||||
South Dakota South Dakota South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over... |
Yes South Dakota Amendment C (2006) South Dakota Amendment C of 2006 is an amendment to the South Dakota Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages, or to recognize civil unions, domestic partnerships, or other quasi-marital relationships regardless of gender... |
Yes | Banned | Banned | Banned | |||||
Tennessee Tennessee Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area... |
Yes Tennessee Marriage Protection Amendment Tennessee Amendment 1 of 2006 is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specifies that only a marriage between a man and a woman can be legally recognized in the state of Tennessee... |
Yes | Banned | No | None | No | None | |||
Texas Texas Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in... |
Yes Texas proposition 2 (2005) Texas Proposition 2 of 2005 created an amendment that limits marriage to opposite-sex relationships and prohibits alternative legal arrangements of a similar nature. The bill intended to amend the Texas Constitution to make it unconstitutional for the state to recognize or perform same-sex... |
Yes | Banned | Banned | No | None | ||||
Utah Utah Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the... |
Yes Utah Constitutional Amendment 3 Utah Constitutional Amendment 3 is an amendment to the Utah state constitution that defines marriage as a union exclusively between a man and woman... |
Yes | Banned | Banned | No | None | ||||
Vermont Vermont Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England... |
No | No | Legal | Yes | No | Between 2000 to 2009 only Civil unions in Vermont Same-sex marriage in Vermont began on September 1, 2009. Vermont was the first state to introduce civil unions in July 2000, and the first state to introduce same-sex marriage by enacting a statute without being required to do so by a court decision.... but present valid ones allowed. |
No | None | Vermont allows full civil marriage licences to same-sex couples since 2009 after the Civil Marriage Equality And Religious Freedoms Bill passed the 2009 Vermont Legislature, then the Governor Jim Douglas Jim Douglas James H. Douglas is an American politician from the U.S. state of Vermont. A Republican, he was elected the 80th Governor of Vermont in 2002 and was reelected three times with a majority of the vote... vetoed the bill and then the veto was overridden. Civil unions are still recognised between 2000 to 2009, but after 2009 can not be performed - also there is no "conversion into civil marriage" (as both CT and NH have done next door). Vermont practically invented the term "civil union" in 1999 after the court case of Baker v. Vermont Baker v. Vermont Baker v. Vermont, 744 A.2d 864 , was handed down on December 20, 1999 by the Vermont Supreme Court. The decision represented one of the first high-level judicial affirmations of same-sex couples' right to treatment equivalent to that of traditionally married couples... . Then in the following year passing the Civil Union Bill in the 2000 Vermont Legislature and got signed into law by then Governor Howard Dean Howard Dean Howard Brush Dean III is an American politician and physician from Vermont. He served six terms as the 79th Governor of Vermont and ran unsuccessfully for the 2004 Democratic presidential nomination. He was chairman of the Democratic National Committee from 2005 to 2009. Although his U.S... . |
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Virginia Virginia The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there... |
Yes | Yes | Banned | Banned | Banned | |||||
Washington | No | Yes | Not legal Same-sex marriage in Washington Same-sex marriage is not recognized as marriage in Washington state. The Washington Supreme Court would have made Washington the second U.S. state to recognize these unions if it had decided differently in two cases that had been consolidated for appeal... * |
Yes, as domestic partnerships. | No | None | Yes | Legal Domestic partnership in Washington State Registered Domestic Partnerships in Washington were created in the aftermath of the Andersen v. King County decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.-Beginnings:... |
Main article: Same-sex marriage in Washington Same-sex marriage in Washington Same-sex marriage is not recognized as marriage in Washington state. The Washington Supreme Court would have made Washington the second U.S. state to recognize these unions if it had decided differently in two cases that had been consolidated for appeal... A law passed in 2007 to establish domestic partnerships similar to CA, OR and NV models and then in 2008 the domestic partnership law expanded. The 2009 reforms called the "all-but-marriage law" came into effect from December 3, 2009 was approved by 53 percent of voters under Washington Referendum 71 (2009) Washington Referendum 71 (2009) Referendum 71 was a vote held in 2009 in which the people of Washington state confirmed Senate Bill 5688, a law extending the rights and obligations of domestic partnership in Washington... . In July 2011, a law passed that will allow same-sex marriage and other same-sex unions (such as civil unions or domestic partnerships) from another state to be recognised as domestic partnerships under WA state law In 2012, there is a possible house vote on legislation to allow same sex marriage, however the bill could stall in the Washington state Senate. |
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West Virginia West Virginia West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east... |
No | Yes | Not legal | Not legal | No | None | No | None | Petitions are made to start a ban ballot, however that is not possible due to the Democrats controlling both houses. | |
Wisconsin Wisconsin Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is... |
Yes Wisconsin Referendum 1 (2006) Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or civil unions in the state. The referendum was approved by 59% of voters during the general elections in November 2006... |
Yes | Banned | Banned | Yes | Yes | Domestic partnerships provide certain limited legal rights, just like the Maine, Maryland and Colorado models. | |||
Wyoming Wyoming Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High... |
No | Yes | Not legal | Not legal | No | None | No | None | State law pre-dates DOMA Defense of Marriage Act The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state... . |
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State | Marriage | Same-sex unions | Notes | |||||||
Defined | Result | Civil Unions | Domestic Partnership |
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Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status |
In USA
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Public opinion of same-sex marriage in the United States
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn 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.-Federal level:...
- Same-sex marriage law in the United States by state
- Rights and responsibilities of marriages in the United StatesRights and responsibilities of marriages in the United StatesAccording to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection Act of 2007
- U.S. state constitutional amendments banning same-sex unions
- List of U.S. state constitutional amendments banning same-sex unions by type
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnership in the United States
- Freedom to Marry CoalitionFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
- LGBT rights in the United States