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 State Laws Limiting Marriage to Opposite-Sex Couples
Updated March 2013
Thirty-eight states have defined marriage as between a man and a woman in state law. Most states do so by adopting “defense of marriage” language that defines marriage in a way similar to the language in the federal Defense of Marriage Act (DOMA) —“the word 'marriage' means only a legal union between one man and one woman as husband and wife.” Other states prohibit same sex marriages or marriages between persons of the same sex or gender.
Thirty states have placed that language in their state constitutions, usually adopted by the state’s legislature and by a popular vote. (26 of these states also have statutory provisions adopting this language). Eight states have only statutory language that defines marriage as a relationship between a man and a woman.
State Laws Defining Marriage as a Relationship between a Man and a Woman
For more information on defense of marriage acts (DOMA) and same-sex marriage issues, please contact Jack Tweedie in the Denver office at 303.856.1546 or cyf-info@ncsl.org. For federal marriage issues, contact Sheri Steisel in the D.C. office at 202.624.5400 or fedhumserv-info@ncsl.org.
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| ©2013 National Conference of State Legislatures. All Rights Reserved. |
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