Same-sex marriage legislation in the United States

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Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
Unclear legal status
See also
Notes
  1. GR: Neither performed nor recognized in the Monastic community of Mount Athos.
  2. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. UK: Neither performed nor recognized in six British Overseas Territories.
  5. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  6. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  7. EU: 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. All EU member states except Romania follow the ruling.
  8. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  9. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  10. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  11. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  12. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  13. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  14. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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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 and 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 Yes
California September 1994 Domestic partnership[11][12] 21 17 41 26 Vetoed No No
Hawaii March 1996 Domestic partnership[13] 14 11 Failed — No No
Hawaii June 1997 Reciprocal beneficiary relationship[14] 24 7 43 27 Signed Yes Yes
California September 1998 Domestic partnership[15] 21 17 41 36 Vetoed No No
California October 1999 Domestic partnership[16] 23 13 41 38 Vetoed No No
California October 1999 Domestic partnership[17] 22 14 41 36 Signed Yes Yes
Vermont April 2000 Civil union[18] 19 11 79 68 Signed Yes Yes
Rhode Island July 2001 Domestic partnership[19] Passed Passed Signed Yes Yes
California August 2001 Domestic partnership (expansion)[20] 22 12 41 27 Signed Yes Yes
California October 2001 Domestic partnership (expansion)[21] 23 11 41 32 Signed Yes Yes
New York August 2002 Domestic partnership[22] Passed 147 0 Signed Yes Yes
New York August 2002 Domestic partnership (expansion)[23] Passed 147 0 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[24] 26 11 41 31 Signed Yes Yes
California September 2002 Domestic partnership (expansion)[25] 23 13 43 27 Signed Yes Yes
District of Columbia April 2003 Domestic partnership (expansion)[26] — Passed Signed Yes Yes
California September 2003 Domestic partnership (expansion)[27] 23 14 41 33 Signed Yes Yes
New Jersey January 2004 Domestic partnership[28] 23 9 41 28 Signed Yes Yes
Maine April 2004 Domestic partnership[29] 18 14 84 58 Signed Yes Yes
District of Columbia May 2004 Domestic partnership (expansion)[30] — Passed Signed Yes Yes
California September 2004 Domestic partnership (expansion)[31] 23 12 46 29 Signed Yes Yes
New York September 2004 Domestic partnership (expansion)[32] Passed 141 1 Signed Yes Yes
District of Columbia December 2004 Domestic partnership (expansion)[33] — Passed Signed Yes Yes
District of Columbia January 2005 Domestic partnership (expansion)[34] — Passed Signed Yes Yes
Connecticut April 2005 Civil union[35] 27 9 85 63 Signed Yes Yes
Maryland May 2005 Domestic partnership[36] 31 16 83 50 Vetoed No No
California June 2005 Marriage[37] — — Failed — No No
Rhode Island June 2005 Domestic partnership (expansion)[38][39] Passed — — — No No
Rhode Island July 2005 Domestic partnership (expansion)[40][41] Passed — — — No No
California September 2005 Marriage[42] 21 15 41 35 Vetoed No No
California September 2005 Domestic partnership (expansion)[43] 23 15 47 28 Signed Yes Yes
California September 2005 Domestic partnership (expansion)[44] 21 14 47 32 Signed Yes Yes
District of Columbia December 2005 Domestic partnership (expansion)[45] — Passed Signed Yes Yes
New Jersey January 2006 Domestic partnership (expansion)[46] 39 0 67 8 Signed Yes Yes
District of Columbia January 2006 Domestic partnership (expansion)[47] — Passed Signed Yes Yes
New York March 2006 Domestic partnership (expansion)[48] Passed 96 25 Signed Yes Yes
Maine April 2006 Domestic partnership (expansion)[49] Passed Passed Signed Yes Yes
New York June 2006 Domestic partnership (expansion)[50] — — 114 27 — No No
New York June 2006 Domestic partnership (expansion)[51] — — 116 27 — No No
Rhode Island June 2006 Domestic partnership (expansion)[52][53] Passed Passed —4 Yes Yes
Rhode Island June 2006 Domestic partnership (expansion)[54][53] Passed Passed —4 Yes Yes
Rhode Island July 2006 Domestic partnership (expansion)[55][56] Passed Passed —4 Yes Yes
Rhode Island July 2006 Domestic partnership (expansion)[57][56] Passed Passed —4 Yes Yes
Rhode Island July 2006 Domestic partnership (expansion)[58][59] Passed Passed —4 Yes Yes
California September 2006 Domestic partnership (expansion)[60] 24 15 46 29 Signed Yes Yes
California September 2006 Domestic partnership (expansion)[61] 23 15 47 31 Signed Yes Yes
New Jersey December 2006 Civil union[62] 23 12 56 19 Signed Yes Yes
District of Columbia December 2006 Domestic partnership (expansion)[63] — Passed Signed Yes Yes
New Hampshire April 2007 Civil union[64] — — Failed — No No
Washington April 2007 Registered domestic partnership[65] 28 19 63 35 Signed Yes Yes
Oregon May 2007 Domestic partnership[66] 21 9 34 26 Signed Yes Yes
Maine May 2007 Domestic partnership (expansion)[67] Passed Passed Signed Yes Yes
New Hampshire May 2007 Civil union[68] 14 10 243 129 Signed Yes Yes
Maine June 2007 Domestic partnership (expansion)[69] Passed Passed Signed Yes Yes
Maine June 2007 Domestic partnership (expansion)[70] Passed Passed Signed Yes Yes
New York June 2007 Marriage[71] — — 85 61 — No No
Rhode Island July 2007 Domestic partnership (expansion)[72][73] Passed Passed —4 Yes Yes
California September 2007 Marriage[74] 22 15 42 34 Vetoed No No
California October 2007 Domestic partnership (expansion)[75] Passed Passed Signed Yes Yes
Rhode Island October 2007 Domestic partnership (expansion)[76][73] Passed Passed Vetoed 1 Yes Yes
New Hampshire January 2008 Contractual cohabitation[77] Failed — — — No No
New York January 2008 Domestic partnership (expansion)[78] Passed — — — No No
New Mexico February 2008 Domestic partnership[79] — — 33 31 — No No
Washington March 2008 Registered domestic partnership (expansion)[80][81]' 29 20 62 32 Signed Yes Yes
Maine March 2008 Domestic partnership (expansion)[82] Passed Passed Signed Yes Yes
Maryland April 2008 Domestic partnership[83] — — 86 51 — No No
Maryland May 2008 Domestic partnership[84] 30 17 88 46 Signed Yes Yes
Maryland May 2008 Domestic partnership[85] 27 20 86 47 Signed Yes Yes
District of Columbia May 2008 Domestic partnership (expansion)[86] — Passed Signed Yes Yes
New Mexico February 2009 Domestic partnership[87] 17 25 — — — No No
Vermont April 2009 Marriage[88] 23 5 100 49 Vetoed 1 Yes Yes
Colorado April 2009 Designated beneficiary agreement[89] 23 10 41 24 Signed Yes Yes
Connecticut April 2009 Marriage (codification)[90] 28 7 100 44 Signed Yes Yes
Maine May 2009 Marriage[91] 21 14 89 58 Signed No No2
District of Columbia May 2009 Marriage (recognition only)[92][93] — Passed Signed Yes Yes
Washington May 2009 Registered domestic partnership (expansion)[94] 30 18 62 35 Signed Yes Yes3
District of Columbia May 2009 Domestic partnership (expansion)[95] — Passed Signed Yes Yes
Maine May 2009 Domestic partnership (expansion)[96] Passed Passed Signed Yes Yes
Nevada May 2009 Domestic partnership[97][98] 14 7 28 14 Vetoed1 Yes Yes
New Hampshire June 2009 Marriage[99] 14 10 198 176 Signed Yes Yes
Oregon June 2009 Domestic partnership (expansion)[100] 27 0 41 8 Signed Yes Yes
Wisconsin June 2009 Domestic partnership 17 16 50 48 Signed Yes Yes
New York August 2009 Domestic partnership (expansion)[101] Passed 142 0 Signed Yes Yes
California October 2009 Out-of-state pre-proposition 8 marriage recognition[102] 24 14 44 27 Signed Yes Yes
New York December 2009 Marriage[103] 24 38 89 52 — No No
District of Columbia December 2009 Marriage[104] — 11 2 Signed Yes Yes
Rhode Island January 2010 Domestic partnership (expansion)[105][106] Passed Passed Vetoed 1 Yes Yes
Rhode Island January 2010 Domestic partnership (expansion)[107][108] Passed Passed Vetoed 1 Yes Yes
New York January 2010 Domestic partnership (expansion)[109][110] 61 0 142 0 Signed Yes Yes
New Jersey January 2010 Marriage[111] 14 20 — — — No No
New York March 2010 Domestic partnership (expansion)[112] — — 119 20 — No No
New York March 2010 Domestic partnership (expansion)[113][114] Passed 137 5 Signed Yes Yes
New York April 2010 Domestic partnership (expansion)[115][116] — — 132 9 — No No
Minnesota May 2010 Domestic partnership (only 1 entitlement)[117] 41 24 78 55 Vetoed No No
Hawaii July 2010 Civil union[118] 18 7 31 20 Vetoed No No
New York August 2010 Committed partnership[119][120] 50 11 107 26 Signed Yes Yes
California September 2010 Domestic partnership (expansion)[121] 23 12 53 24 Signed Yes Yes
Illinois January 2011 Civil union[122][123][124] 32 24 61 52 Signed Yes Yes
Hawaii February 2011 Civil union[125] 18 5 31 19 Signed Yes Yes
New Hampshire March 2011 Domestic union[126] — — Failed — No No
Maryland March 2011 Marriage[127][128] 25 21 — — — No No
Colorado March 2011 Civil union[129][130] 23 12 — — — No No
Washington April 2011 Recognition of out-of-state union as registered domestic partnership[131] 28 19 58 39 Signed Yes Yes
Nevada May 2011 Recognition of out-of-state union as domestic partnership[132] 21 0 41 0 Signed Yes Yes
Washington May 2011 Registered domestic partnership (expansion)[133] 27 21 57 40 Signed Yes Yes
Delaware May 2011 Civil union[134] 13 6 26 15 Signed Yes Yes
Nevada May 2011 Domestic partnership (expansion)[135] 11 10 — — — No No
New York June 2011 Marriage[136] 33 29 80 63 Signed Yes Yes
Rhode Island July 2011 Civil union[137] 21 16 62 11 Signed Yes Yes
California September 2011 Domestic partnership (expansion)[138] 22 13 52 25 Signed Yes Yes
California October 2011 Domestic partnership (expansion)[139] 25 15 Passed Signed Yes Yes
California October 2011 Domestic partnership (expansion)[140] 24 13 Passed Signed Yes Yes
Washington February 2012 Marriage[141] 28 21 55 43 Signed Yes Yes3
New Jersey February 2012 Marriage[142] 24 16 42 33 Vetoed No No
Maryland March 2012 Marriage[143] 25 22 72 67 Signed Yes Yes3
New York April 2012 Domestic partnership (expansion)[144] — — 129 10 — No No
Colorado May 2012 Civil union[145] 23 12 — — — No No
New Jersey August 2012 Civil union and domestic partnership (expansion: surrogacy)[146] 21 11 41 33 Vetoed No No
Wyoming January 2013 Domestic partnership[147] — — 24 35 — No No
Colorado March 2013 Civil union[148] 21 14 39 26 Signed Yes Yes
Rhode Island May 2013 Marriage[149][150] 26 12 56 15 Signed Yes Yes
Delaware May 2013 Marriage[151] 12 9 23 18 Signed Yes Yes
Minnesota May 2013 Marriage[152] 37 30 75 59 Signed Yes Yes
Nevada June 2013 Domestic partnership (expansion)[153] 21 0 41 0 Signed Yes Yes
Hawaii November 2013 Marriage[154] 19 4 30 19 Signed Yes Yes
Illinois November 2013 Marriage[155][156] 32 21 61 54 Signed Yes Yes
New York February 2014 Marriage (codification)[157][158] — — 125 10 — No No
Wyoming February 2014 Marriage[159] — — 17 41 — No No
New York April 2014 Domestic partnership (expansion)[160][161] — — 124 14 — No No
California July 2014 Marriage (statutory codification)[162][163][164] 25 10 51 11 Signed Yes Yes
Virginia February 2015 Marriage (statutory codification)[165][166][167] 20 18 — — — No No
Utah March 2015 Marriage (partial statutory codification)[168] 26 0 39 30 Signed Yes Yes
New Mexico April 2015 Marriage (partial codification)[169][170] 35 5 37 10 Signed Yes Yes
Nevada June 2015 Domestic partnership (expansion)[171] 21 0 42 0 Signed Yes Yes
Nevada June 2015 Domestic partnership (expansion)[172] 19 0 41 1 Signed Yes Yes
New Jersey June 2015 Marriage, civil union and domestic partnership (expansion: surrogacy)[173] 21 13 43 25 Vetoed No No
Maine June 2015 Marriage (expansion)[174] 35 0 141 0 Vetoed1 Yes Yes
Oregon July 2015 Marriage (statutory codification)[175] 18 11 40 18 Signed Yes Yes
Guam August 2015 Marriage (codification)[176][177][178] — 13 2 —4 Yes Yes
New York September 2015 Marriage (codification)[179][180] 60 0 146 1 Signed Yes Yes
District of Columbia December 2015 Domestic partnership (expansion)[181] — Passed Signed Yes Yes
Oregon March 2016 Marriage (statutory codification)[182][183] 18 11 43 13 Signed Yes Yes
New York March 2016 Marriage (codification)[184][185] — — 129 12 — No No
New York April 2016 Domestic partnership (expansion)[186] — — 120 15 — No No
Colorado June 2016 Conversion of civil union into marriage[187][188] 34 0 52 13 Signed Yes Yes
North Carolina June 2016 Marriage (partial statutory codification)[189] — — Passed — No No
California July 2016 Marriage and domestic partnership (statutory codification)[190][191] 34 0 63 1 Signed Yes Yes
North Dakota January 2017 Marriage (statutory codification)[192][193] 15 31 — — — No No
New Mexico February 2017 Marriage (partial codification)[194][195] — — 63 0 — No No
Utah March 2017 Marriage (partial statutory codification)[196] 26 0 74 0 Signed Yes Yes
Utah March 2017 Marriage (partial statutory codification)[197] 29 0 69 3 Signed Yes Yes
Utah March 2017 Marriage (partial statutory codification)[198] 27 0 68 0 Signed Yes Yes
Maryland May 2017 Domestic partnership (expansion)[199] 138 2 45 0 Signed Yes Yes
Nevada May 2017 Marriage (statutory codification)[200] 20 1 28 10 Signed Yes Yes
Nevada June 2017 Domestic partnership (expansion)[201] 21 0 41 0 Signed Yes Yes
New York June 2017 Marriage (codification)[202] 62 0 139 0 Signed Yes Yes
New Jersey June 2017 Marriage, civil union and domestic partnership (expansion: surrogacy)[203] 22 15 — — — No No
North Carolina July 2017 Marriage (partial statutory codification)[204] Passed Passed Signed Yes Yes
Maine July 2017 Marriage (codification)[205] Passed Passed —4 Yes Yes
Maryland January 2018 Domestic partnership (expansion)[206] 135 2 45 1 Vetoed No No
New Mexico February 2018 Marriage (partial codification)[207] — — 60 2 — No No
New York March 2018 Marriage (codification)[208] — — 129 6 — No No
Utah March 2018 Marriage (partial statutory codification)[209] 27 0 70 0 Signed Yes Yes
Utah March 2018 Marriage (partial statutory codification)[210] 23 0 73 0 Signed Yes Yes
Utah March 2018 Marriage (partial statutory codification)[211] 23 4 44 24 Signed Yes Yes
Utah March 2018 Marriage (partial statutory codification)[212] 25 3 45 26 Signed Yes Yes
New York April 2018 Domestic partnership (expansion)[213] — — 114 17 — No No
Minnesota May 2018 Marriage (codification)[214] 34 33 78 50 Vetoed No No
New Jersey May 2018 Marriage, civil union and domestic partnership (expansion: surrogacy)[215] Passed Passed Signed Yes Yes
New York June 2018 Marriage (codification)[216] 57 4 — — — No No
New Hampshire June 2018 Marriage (equalization of marriageable age)[217] Passed Passed Signed Yes Yes
Arkansas March 2019 Marriage (partial statutory codification)[218] 35 0 96 0 Signed Yes Yes
Nebraska March 2019 Marriage (partial statutory codification)[219] — 38 6 Signed Yes Yes
New Mexico March 2019 Marriage (partial codification)[220] — — 53 2 — No No
Virginia March 2019 Marriage (expansion: surrogacy)[221] 28 12 63 36 Signed Yes Yes
New Mexico March 2019 Marriage (partial codification)[222] 32 8 40 25 Signed Yes Yes
Nebraska March 2019 Marriage (partial statutory codification)[223] — 45 0 Signed Yes Yes
Utah March 2019 Marriage (partial statutory codification)[224] 22 2 55 6 Signed Yes Yes
Utah March 2019 Marriage (partial statutory codification)[225] 29 0 69 4 Signed Yes Yes
New Mexico April 2019 Marriage (partial codification)[226] 39 0 62 0 Signed Yes Yes
Maryland May 2019 Marriage (expansion)[227] 34 10 121 15 Signed Yes Yes
Maryland May 2019 Marriage (expansion)[228] 31 14 133 6 Signed Yes Yes
Oklahoma May 2019 Marriage (expansion: surrogacy)[229] 33 10 84 6 Signed Yes Yes
Nebraska May 2019 Marriage (partial statutory codification)[230] — 40 3 Signed Yes Yes
Nebraska May 2019 Marriage (partial statutory codification)[231] — 33 8 Vetoed No No
Minnesota May 2019 Marriage (codification)[232][233] 52 15 74 50 Signed Yes Yes
Rhode Island June 2019 Marriage (expansion)[234] 35 0 — — — No No
Maine June 2019 Marriage (codification)[235] Passed Passed Signed Yes Yes
Delaware July 2019 Marriage (codification)[236] 20 1 37 4 Signed Yes Yes
New York October 2019 Marriage (codification)[237] 61 0 121 23 Signed Yes Yes
Hawaii December 2019 Marriage and civil union (codification)[238] — — Passed — No No
New York December 2019 Domestic partnership (expansion)[239][240] 59 0 122 24 Signed Yes Yes
New Hampshire January 2020 Marriage (codification)[241] — — Failed — No No
New Mexico February 2020 Marriage (partial codification)[242] 42 0 64 0 Signed Yes Yes
Nebraska February 2020 Marriage (partial statutory codification)[243] — 47 0 Signed Yes Yes
New Mexico February 2020 Marriage (partial codification)[244] 40 0 67 0 Signed Yes Yes
Virginia March 2020 Marriage (partial statutory codification)[245] 28 12 63 34 Signed Yes Yes
Virginia March 2020 Marriage (partial statutory codification)[246] 25 13 62 38 Signed Yes Yes
Virginia March 2020 Marriage (partial statutory codification)[247] 33 6 58 42 Signed Yes Yes
Utah March 2020 Marriage (partial statutory codification)[248] 24 1 70 0 Signed Yes Yes
Utah March 2020 Marriage (partial statutory codification)[249] 27 0 71 0 Signed Yes Yes
Virginia April 2020 Marriage (partial statutory codification)[250] 39 1 91 6 Signed Yes Yes
New York April 2020 Marriage (expansion)[251][252] Passed Passed Signed Yes Yes
Virginia April 2020 Marriage (statutory codification)[253] 24 16 53 43 Signed Yes Yes
New York April 2020 Domestic partnership (expansion)[254][255] 62 0 131 11 Signed Yes Yes
Puerto Rico June 2020 Marriage (codification)[256][257] Passed Passed Signed Yes Yes
North Carolina June 2020 Marriage (partial statutory codification)[258] 47 0 Passed Signed Yes Yes
New Hampshire July 2020 Marriage (codification)[259] Passed 209 119 Signed Yes Yes
Rhode Island July 2020 Marriage (expansion)[260] 34 1 64 1 Signed Yes Yes
Rhode Island July 2020 Marriage (expansion)[261] 36 1 67 1 Signed Yes Yes
Indiana 2023 Marriage (codification)[262] Pending
Michigan 2023 Marriage (codification)[263] Pending
North Carolina 2023 Marriage (partial statutory codification)[264] Pending
Pennsylvania 2023 Marriage (codification)[265] Pending
North Carolina 2023 Marriage (partial statutory codification)[266] 50 0 Pending
Nebraska September 15, 2023 Marriage (partial statutory codification)[267] Pending
Kansas January 8, 2024 Marriage (codification)[268] Pending

Notes:

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[269] Passed Passed Signed Yes Yes2
Texas June 1973 Marriage[270][271] Passed Passed Signed Yes Yes
Oklahoma February 1975 Marriage[272] Passed Passed Signed Yes Yes
Arizona April 1975 Marriage[273] Passed Passed Signed Yes Yes
Virginia August 1975 Marriage[274] Passed Passed Signed Yes Yes2
Utah April 1977 Marriage[275] Passed Passed Signed Yes Yes
Florida June 1977 Marriage[276][277][278] 37 0 101 11 Signed Yes Yes
Illinois June 1977 Marriage[279] Passed Passed Signed Yes Yes2
California August 1977 Marriage[280] 23 5 68 2 Signed Yes Yes2
Wyoming October 1977 Marriage[281] Passed Passed Signed Yes Yes
Wisconsin July 1979 Marriage[282] Passed Passed Signed Yes Yes
New Hampshire July 1987 Marriage[283][284] Passed Passed Signed Yes Yes2
New Hampshire March 1994 Recognition of out-of-state marriage[285] 11 12 — — — No No
Guam May 1994 Marriage[286] — Passed Signed Yes Yes2
Hawaii June 1994 Marriage[287] Passed Passed Signed Yes Yes2
Utah March 1995 Marriage[288] Passed Passed Signed Yes Yes
South Dakota January 1996 Marriage[289][290][291] 26 8 49 18 Signed Yes Yes
Idaho February 1996 Marriage[290][292] 24 6 66 4 Signed Yes Yes
Idaho March 1996 Recognition of out-of-state marriage[293] 28 4 59 6 Signed Yes Yes
Colorado March 1996 Marriage[294] Passed Passed Vetoed No No
Kansas April 1996 Marriage[290][295] 39 1 87 38 Signed Yes Yes
Georgia April 1996 Marriage[289][290][296] 47 0 135 10 Signed Yes Yes
Arizona May 1996 Marriage[289][290][297] 21 9 50 5 Signed Yes Yes
Alaska May 1996 Marriage and civil union[290][298][299] 16 3 31 9 —3 Yes Yes
Illinois May 1996 Marriage[300][301] 42 9 87 17 Signed Yes Yes2
Tennessee May 1996 Marriage[289][290] Passed 90 1 Signed Yes Yes
South Carolina May 1996 Marriage[302][303] Passed 82 0 Signed Yes Yes
Michigan June 1996 Marriage[304][305] 31 2 88 14 Signed Yes Yes
Michigan June 1996 Recognition of out-of-state marriage[304][305] Passed 74 28 Signed Yes Yes
Delaware June 1996 Marriage[306] 17 3 39 0 Signed Yes Yes2
North Carolina June 1996 Marriage and recognition of out-of-state marriage[307][308][309] 41 4 98 10 Signed Yes Yes
Missouri July 1996 Marriage[310] 29 2 131 10 Signed Yes Yes
California August 1996 Marriage[311] 20 21 Passed — No No
Oklahoma September 1996 Marriage[289][290] 42 2 99 0 Signed Yes Yes
Pennsylvania October 1996 Marriage[312][313] 43 5 189 13 Signed Yes Yes
Mississippi February 1997 Marriage[314] 50 0 118 3 Signed Yes Yes
Arkansas February 1997 Marriage[289][315] 34 0 92 2 Signed Yes Yes
North Dakota February 1997 Marriage[289][316] 43 6 73 18 Signed Yes Yes
Texas February 1997 Marriage[314][317] Passed Passed Signed Yes Yes
Washington February 1997 Marriage[318] 33 15 63 35 Vetoed No No
Virginia March 1997 Recognition of out-of-state marriage[289][319] 40 0 87 9 Signed Yes Yes2
Maine March 1997 Marriage[320] 24 10 106 39 —3 Yes Yes2
Indiana April 1997 Marriage[321][322] 38 10 85 9 Signed Yes Yes
Montana April 1997 Marriage and civil union[289][323] 45 5 73 23 Signed Yes Yes
Florida May 1997 Recognition of out-of-state marriage and civil union[289][324] 33 5 97 19 —3 Yes Yes
Minnesota June 1997 Marriage[290][325] 64 0 108 20 Signed Yes Yes2
Colorado June 1997 Marriage[326] Passed Passed Vetoed No No
Washington February 1998 Marriage[327][328] 34 11 65 28 Vetoed 4 Yes Yes2
Kentucky April 1998 Marriage and recognition out-of-state marriage[290][329] 32 2 84 9 Signed Yes Yes
Alabama May 1998 Marriage[330] 30 0 79 12 Signed Yes Yes
Hawaii November 1998 Marriage[289] Passed Passed Signed Yes Yes2
Puerto Rico March 1999 Marriage[331] Passed Passed Signed Yes Yes
Louisiana July 1999 Marriage and recognition of out-of-state marriage[332] 32 0 95 0 Signed Yes Yes
West Virginia March 2000 Marriage[333] Passed 96 3 Signed Yes Yes
New Hampshire March 2000 Recognition of out-of-state marriage[334] — — 128 232 — No No
Colorado May 2000 Marriage[335] Passed 37 28 Signed Yes Yes
New Hampshire March 2001 Recognition of out-of-state civil union[336] — — 88 276 — No No
Missouri July 2001 Marriage[337] Passed Passed Signed Yes Yes
American Samoa March 2003 Marriage[338] Failed — — — No No
New Hampshire March 2003 Recognition of out-of-state civil union[339] — — Failed — No No
Texas May 2003 Recognition of out-of-state same-sex marriage and civil union[340] Passed Passed Signed Yes Yes
Wisconsin November 2003 Marriage[341][342] 22 10 68 29 Vetoed No No
Ohio February 2004 Marriage, recognition of out-of-state marriage, and civil union[289][343] 72 22 18 15 Signed Yes Yes
Utah March 2004 Civil union[289] Passed Passed Signed Yes Yes
Virginia April 2004 Civil union[289][344] 27 12 69 30 —3 Yes Yes2
New Hampshire May 2004 Recognition of out-of-state marriage[345] 16 7 215 137 Signed Yes Yes2
Wyoming February 2007 Recognition of out-of-state marriage[346] 21 8 — — — No No
New Hampshire March 2008 Recognition of out-of-state union[347] — — Failed — No No
New Hampshire March 2009 Civil union[348] — — 136 205 — No No
New Hampshire February 2010 Marriage[349] — — 109 210 — No No
Wyoming March 2011 Recognition of out-of-state marriage[350] 14 16 31 28 — No No
New Hampshire March 2012 Marriage[351] — — 116 211 — No No
Wyoming February 2014 Recognition of out-of-state marriage[159] — — 29 31 — No 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.

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.[352] Yes Yes

Efforts to enable ban amendment[edit]

State Date Type of same-sex union Upper House Lower house Final
outcome
Yes No Yes No
Hawaii 1996 Marriage ban permitted Passed Placed on Ballot
1997
November 3, 1998 Referendum (69.18%) Yes Yes
Alaska April 17, 1998

May 12, 1998

Same-sex marriage 14 6 28 12 Placed on Ballot
November 3, 1998 Referendum (68.1%) Yes Yes
Indiana February 3, 2004 Same-sex marriage[353] 42 7 — — No No
Georgia February 16, 2004

February 26, 2004

March 31, 2004

Same-sex marriage and civil unions 40 14 117 50 No No
122 52 Placed on Ballot
November 2004 Referendum (76.2%) Yes Yes
Missouri March 1, 2004

May 14, 2004

Same-sex marriage 130 26 26 6[354] Placed on Ballot
August 3, 2004 Referendum (70.6%) Yes Yes
Mississippi March 1, 2004

April 7, 2004

Same-sex marriage 97 17 51 0 Placed on Ballot
November 2004 Referendum (86.01%) Yes Yes
Utah March 3, 2004 Same-sex marriage and civil unions[355] 20 7 58 14 Placed on Ballot
November 2004 Referendum (65.86%) Yes Yes
Louisiana May 17, 2004

May 18, 2004

June 6, 2004

June 15, 2004

Same-sex marriage and civil unions 31 6 64 29 No No
87 11 Placed on Ballot
88 13
September 18, 2004 Referendum (77.79%) Yes Yes
Kentucky April 2004 Same-sex marriage and civil unions[356][357] 33 5 85 11 Placed on Ballot
November 2004 Referendum (74.55%) Yes Yes
Oklahoma April 2004 Same-sex marriage and civil unions 26 19 92 4 Placed on Ballot
November 2004 Referendum (75.58%) Yes Yes
Kansas January/February 2005 Same-sex marriage and civil unions 28 11 86 37 Placed on Ballot
April 2005 Referendum (69.94%) Yes Yes
Texas May 2005 Same-sex marriage and civil unions[358] 21 8 101 29 Placed on Ballot
November 2005 Referendum (76.25%) Yes Yes
Alabama March 2005 Same-sex marriage and civil unions 30 0 85 7 Placed on Ballot
June 2006 Referendum (81.2%) Yes Yes
South Carolina March 1, 2005

April 14, 2005

Same-sex marriage and civil unions 96 3 42 1 Placed on Ballot
November 2006 Referendum (77.97%) Yes Yes
January 25, 2007

February 27, 2007

92 7 41 1
South Dakota February 2005 Same-sex marriage and civil unions 20 14 55 14 Placed on Ballot
November 2006 Referendum (51.83%) Yes Yes
Wisconsin March 2004 Same-sex marriage and civil unions 20 13 68 27 Advanced
February 2006 19 14 62 31 Placed on Ballot
November 2006 Referendum (59.4%) Yes Yes
Tennessee May 2004 Same-sex marriage 28 1 85 5 Advanced
March 2005 29 3 88 7 Placed on Ballot
November 2006 Referendum (81.25%) Yes Yes
Idaho February 2006 Same-sex marriage and civil unions[359] 26 9 53 17 Placed on Ballot
November 2006 Referendum (63.4%) Yes Yes
Virginia February 26, 2005

January 15, 2006

March 7, 2006

All types of same-sex unions[360] 30 10 79 17 Placed on Ballot
28 11 85 12
November 2006 Referendum (57.06%) Yes Yes
Pennsylvania June 2006 Same-sex marriage[360] 38 12 136 61 Advanced
2007/2008 — — — — No No
Arizona May/June 2008 Same-sex marriage 14 11 35 25 No No
16 4 Placed on Ballot
November 2008 Referendum (56.2%) Yes Yes
Wyoming February 2009 Same-sex marriage[361] — — 25 35 No No
West Virginia March 2009 Same-sex marriage[362] — — 30 67 No No
Indiana January 2010 Same-sex marriage and civil unions[363] 38 10 — — No No
New Hampshire February 2010 Same-sex marriage[364] — — 135 201 No No
Wyoming January 2011 Same-sex marriage[365] 20 10 — — No No
Iowa February 2011 Same-sex marriage — — 62 37 No No
North Carolina September 2011 Same-sex marriage and civil unions[366] 30 16 75 42 Placed on Ballot
May 2012 Referendum (61.04%) Yes Yes
Minnesota May 2011 Same-sex marriage[367] 37 27 70 62 Placed on Ballot
November 2012 Referendum (47.44%) No No
Indiana March 2011 Same-sex marriage and civil unions[353] 40 10 70 26 No No, Bill was amended
Indiana February 2014 Same-sex marriage[368][369] 32 17 57 40 Advanced
2015 — — — — No No

Notes:

  • 1 Subsequently, repealed.

Efforts to ban same-sex unions by constitutional amendment[edit]

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 Initiative Ban on Date Yes Yes vote No No vote Total votes Voter turnout Electorate Final
outcome1
Votes Percentage Votes Percentage
Alabama Amendment 774 Marriage and
civil union 		June 6, 2006 697,591 81.2% 161,694 18.8% 859,285 25.73% 3,338,467 Yes Yes
Alaska Ballot Measure 2 Marriage November 3, 1998 152,965 68.1% 71,631 31.9% 224,596 50.11% 453,332 Yes Yes
Arizona Proposition 107 Marriage and
civil union 		November 7, 2006 721,789 48.2% 775,498 51.8% 1,496,987 38.15% 3,923,786 No No
Arizona Proposition 102 Marriage November 4, 2008 1,258,355 56.2% 980,753 43.8% 2,239,078 55.33% 2,987,451 Yes Yes
Arkansas Constitutional Amendment 3 Marriage and
civil union 		November 2, 2004 753,770 74.95% 251,914 25.04% 1,005,684 51.07% 1,969,208 Yes Yes
California Proposition 8 Marriage November 4, 2008 7,001,084 52.24% 6,401,482 47.76% 13,743,177 61.73% 22,261,504 Yes Yes2
Colorado Amendment 43 Marriage November 7, 2006 855,126 55.02% 699,030 44.98% 1,554,156 47.13% 3,297,308 Yes Yes
Florida Amendment 2 Marriage and
civil union 		November 4, 2008 4,890,883 61.92% 3,008,026 38.08% 8,456,329 66.65% 12,687,407 Yes Yes
Georgia Constitutional Amendment 1 Marriage and
civil union 		November 2, 2004 2,454,930 76.2% 768,716 23.8% 3,223,646 54.84% 5,878,186 Yes Yes
Hawaii Constitutional Amendment 2 Marriage ban
permitted 		November 3, 1998 285,384 69.18% 117,827 28.56% 403,211 68.59% 601,404 Yes Yes3
Idaho Amendment 2 Marriage and
civil union 		November 7, 2006 282,386 63.4% 163,384 36.6% 445,770 49.04% 908,925 Yes Yes
Kansas Proposed amendment 1 Marriage and
civil union 		April 5, 2005 417,675 69.94% 179,432 30.06% 597,107 35.5% 1,688,926 Yes Yes
Kentucky Constitutional Amendment 1 Marriage and
civil union 		November 2, 2004 1,222,125 74.55% 417,097 25.45% 1,639,222 53.6% 3,057,741 Yes Yes
Louisiana Constitutional Amendment 1 Marriage and
civil union 		September 18, 2004 619,908 77.79% 177,067 22.21% 796,975 25.04% 3,182,762 Yes Yes
Michigan State Proposal - 04-2 All types of same-sex unions4 November 2, 2004 2,698,077 58.63% 1,904,319 41.37% 4,602,396 63.36% 7,263,024 Yes Yes
Minnesota Amendment 1 Marriage November 6, 2012 1,399,916 47.44% 1,550,864 52.56% 2,950,780 76.11% 3,876,752 No No
Mississippi Amendment 1 Marriage November 2, 2004 957,104 86.01% 155,648 13.99% 1,112,752 53.78% 2,068,766 Yes Yes
Missouri Constitutional Amendment 2 Marriage August 3, 2004 1,055,771 70.6% 439,529 29.4% 1,495,300 35.76% 4,180,960 Yes Yes
Montana Initiative 96 Marriage November 2, 2004 295,070 66.55% 148,263 33.45% 443,333 63.41% 699,114 Yes Yes
Nebraska Initiative Measure 416 All types of same-sex unions November 7, 2000 450,07 70.36% 189,555 29.64% 639,628 52.24% 1,224,178 Yes Yes
Nevada Question 2 Marriage November 7, 2000 412,688 69.62% 180,077 30.38% 592,765 44.03% 1,346,116

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