Same Sex Marriage Laws

Updated May 9, 2013

New Development

Rhode Island, Delaware and Minnesota became the 10th, 11th and 12th states, along with the District of Columbia, to allow same-sex marriages. Rhode Island Governor Lincoln Chafee signed the legislation on May 2, 2013, and the law goes into effect Aug.1, 2013. In Delaware, Governor Jack Markell signed the bill on May 7 and it takes effect on July 1, 2013. Minnesota Governor Mark Dayton signed his state’s bill on May 14 and it takes effect on Aug. 1, 2013. The Rhode Island and Delaware  laws convert civil unions to marriage and all three states’  laws recognize civil unions and same sex marriages from other jurisdictions. The laws do not require religious organizations to recognize or solemnize same-sex marriages.

State legislatures have been deeply involved in the public debates about how to define marriage and whether the official recognition of “marriage” should be extended to same-sex couples. Eleven states and the District of Columbia currently have laws that allow same-sex marriages. 

In Massachusetts, Connecticut and Iowa, the states’ highest courts ruled that the state constitution required same-sex couples be accorded the same marriage rights as opposite-sex couples. In Vermont, New Hampshire, the District of Columbia and New York, legislative bodies have passed statutory changes that allow same-sex marriages. The Connectisut legislature also adopted a same-sex marriage statute after the state’s court decision. The Washington and Maryland legislatures passed laws allowing same-sex marriage; in both states, opponents gathered enough signatures to put the issue to a public vote on the November ballot. Voters in both states upheld the laws. Maine voters approved same-sex marriage through a ballot measure. The Rhode Island, Delaware and Minnesota legislatures approved same-sex marriage in May 2013. In addition, the U.S. Supreme Court heard a challenge to California’s constitutional prohibition of same-sex marriage in its spring 2013 term and a decision likely by June 2013.
 

State Same-Sex Marriage Laws: Legislatures and Courts

 

History

The public national discussion around same-sex marriage first began in 1993 when the Hawaii Supreme Court ruled that laws denying same-sex couples the right to marry violated state constitutional equal protection rights unless the state could show a "compelling reason" for such discrimination. Prior to 1993, seven states had laws that defined marriage as a relationship between a man and a woman. 

After the Hawaii court decision raised the possibility that states could recognize same sex marriage, 32 state legislatures (including Hawaii) adopted statutory language defining marriage as a relationship between a man and a woman, including Alaska, which adopted both a statute and the nation’s first constitutional provision prohibiting same-sex marriage. Nebraska adopted a constitutional provision limiting marriage to relationships between a man and a woman. As a result, 40 states had statutory and/or constitutional provisions limiting marriage to opposite-sex couples  by the end of 2000.

In April 2000, Vermont approved landmark legislation to recognize civil unions between same-sex couples, granting them virtually all the benefits, protections and responsibilities that married couples have under Vermont law. The Vermont legislation was a result of the state Supreme Court ruling in Baker v. Vermont that said same-sex couples are entitled, under the state constitution's "Common Benefits Clause," to the same benefits and protections as married opposite-sex couples. The court ruled that the Vermont General Assembly must decide how to provide these benefits and protections, either by legalizing marriage for same-sex couples or by establishing an alternative system.  The Vermont General Assembly chose to preserve marriage as the "legally recognized union of one man and one woman," but at the same time create a parallel system of civil unions for same-sex couples that goes beyond existing "domestic partnership" and "reciprocal beneficiaries" laws that exist in California and Hawaii and in many localities in the United States today.

In Nov. 2003, the Massachusetts Supreme Judicial Court ruled that barring same-sex couples from civil marriage was unconstitutional. The Senate then asked the court for an advisory opinion on the constitutionality of a proposed law that would bar same-sex couples from civil marriage but would create civil unions as a parallel institution, with all the same benefits, protections, rights and responsibilities under law. In February, the court answered, "segregating same-sex unions from opposite-sex unions cannot possibly be held rationally to advance or preserve" the governmental aim of encouraging "stable adult relationships for the good of the individual and of the community, especially its children." Under this decision, the state of Massachusetts began issuing marriage licenses to same-sex couples in May 2004.

In October 2006, the New Jersey Supreme Court ordered the legislature to redefine marriage to include same-sex couples or to establish a separate legal structure, such as civil unions, to give same-sex couples the same rights as heterosexual marriage couples.

On May 15, 2008, the California Supreme Court ruled that same-sex couples should have the right to marry.  The ruling took effect mid-June and same-sex marriages were performed in California for a short period of time before a ballot initiative defining marriage between one man and one woman was certified in late summer.  Proposition 8 passed in November 2008, again banning same-sex marriage in California.  Proposition 8 was challenged in early 2009, but the California Supreme Court upheld the law in May 2009. In August 2010, a federal district judge ruled that the Proposition 8 ban on same-sex marriages violated the equal protection provisions of the U.S. Constitution. The decision was appealed and enforcement (allowing same-sex marriages to be performed) has been delayed until it can be heard by the 9th Circuit Court of Appeals. In February 2012, the U.S. Ninth Circuit Court of Appeals upheld the 2010 U.S. District Court decision that declared invalid Proposition 8. The 2-1 decision reinstates the right to marriage for same-sex couples in California, unless a higher court reverses that decision. In June 2012, the 9th Circuit Court of Appeals refused to rehear the case. The case will now go to the U.S. Supreme Court, which announced in December 2012 it would review the Proposition 8 ruling with a decision likely by June 2013.
 
In October 2008, the Connecticut Supreme Court ruled that a ban against same-sex marriage was in violation of the equal protection clause in the state constitution.  Connecticut became the second state to allow same-sex marriage.  As of October 2009, civil unions were no longer offered.

In April 2009, the Iowa Supreme Court ruled that the state's ban against same-sex marriage was unconstitutional.  Iowa began performing same-sex marriages in June 2009.

In April 2009, the Vermont legislature passed a bill allowing same-sex marriage. Governor Douglas vetoed the bill, but the veto was overridden by the legislature. Vermont became the first state where the legislature, without judicial mandate, passed a statute to allow same-sex marriage. 

The Maine legislature passed and Governor Baldacci signed legislation in May 2009 allowing same sex marriage; however, opponents successfully petitioned a referendum on the issue for the November ballot. Voters approved the referendum effectively repealing the law in November 2009. 
 
New Hampshire quickly followed, passing legislation in June 2009, bringing the total number of states to allow same-sex marriage to six. 

In December 2009, the District of Columbia Council passed a same-sex marriage law, subject to a congressional review period. 

In June 2011, the New York Assembly passed legislation allowing same-sex marriage. Governor Andrew Cuomo immediately signed the legislation. The law took effect 30 days after signing, making same-sex marriages available in New York in late July 2011.

The Washington state legislature and governor approved legislation in February 2012 establishing same-sex marriage that will take effect in June 2012 unless opponents obtain enough signatures to file a referendum challenging the law. In June 2012 opponents gathered enough signatures to put the issue on the ballot in November. Voters upheld the law and same-sex marriage goes into effect December 6, 2012.

The New Jersey legislature passed a same-sex marriage bill in February 2012, but the measure was vetoed by Governor Christie. The legislature has until January 2014 to over-ride the veto with two-thirds of the Assembly and Senate needed to do so.

Maryland passed a same-sex marriage bill in February 2012 and was signed by Governor O’Malley on March 1. The measure will go into effect in January 2013, unless opponents obtain enough signatures to file a referendum challenging the law. On June 7, 2012, the state verified enough signatures to put the issue on the November ballot. Voters upheld the law and it goes into effect on January 1, 2013.  The first same-sex marriage licenses were issued on December 6, 2012 with an effective date of January 1, 2013.

In November 2012, voters in Maine approved a ballot measure legalizing same-sex marriage. It is the first time voters have been asked to legalize same-sex marriage rather than prohibit it. The measure will go into effect December 29, 2012.

Rhode Island passed same-sex marriage legislation and Governor Chafee signed the bill into law on May 2, 2013. The bill converts civil unions to marriage and recognizes civil unions and same sex marriage from other jurisdictions. The law does not require religious organizations to recognize or solemnize same-sex marriages. The law goes into effect August 1, 2013.

Delaware passed same-sex marriage legislation and Governor Markell signed the bill into law on May 7, 2013. The law converts civil unions to marriage and recognizes civil unions and same sex marriage from other jurisdictions. The law does not require religious organizations to recognize or solemnize same-sex marriages. The law goes into effect July 1, 2013.