Current Status Of Same Sex Unions

How The States Treat Same Sex Partnerships

While same sex unions are not supported at the federal level (see Defense of Marriage Act (DOMA)), there are some states that have chosen to offer at least limited benefits to same sex couples, either through civil unions, domestic partnerships or other similar legislation.

In addition, several states currently have legislation pending that would afford certain rights to same sex couples while a few states have yet to define any guidelines at all. 

Currently, only two states allow same sex marriages: Massachusetts and most recently, California . In these states, the courts have held that same sex couples are entitled to obtain a civil marriage along with the rights and benefits that accompany the institution of marriage. These marriages may be in the form of a traditional wedding ceremony or can be performed by a Justice of the Peace or other civil official. See The Complete Guide to Gay and Lesbian Weddings for more information on same sex wedding ceremonies.

Interestingly however, there are a few states such as New Mexico and New York that have chosen to recognize same sex marriages performed in other states even though their own legislation does not provide these rights for their own residents.

Most recently, the New York Supreme Court, Appellate Division ruled that because New York recognizes out-of-state marriages of heterosexual couples, it must extend the same courtesy to same-sex couples who were legally married in another jurisdiction. This decision is expected to be appealed again (the first appeal was declined on May 6, 2008 because of a procedural issue). However, to date, the decision stands and Governor David Paterson has issued a directive to the various state agencies requesting that they begin revising their policies to include same sex marriages legally performed in other venues.

The table below outlines the legal status of same sex marriages or partnerships in each state as of summer 2008:

State	Marriage	Civil Union/ Domestic Partnership	Notes
Alabama	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Alaska	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage; has official registry for same-sex couples to provide benefits to spouses of state and municipal employees
Arizona	No	No	Enacted state-level DOMA to prohibit same sex marriage; initiative to amend constitution failed in 2006
Arkansas	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
California	Yes	Yes	Same sex marriage allowed by California Supreme Court in June 2008
Colorado	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Connecticut		Yes	No laws barring same sex marriage; civil unions offer state-level spousal rights
Delaware	No	No	Enacted state-level DOMA to prohibit same sex marriage
Florida	No	No	Enacted state-level DOMA to prohibit same sex marriage; Constitutional DOMA amendment on the ballot for 2008
Georgia	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Hawaii	No	Yes	Enacted state-level DOMA to prohibit same sex marriage; Constitutional amendment gives legislature authority to pass laws prohibiting same sex marriage
Idaho	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Illinois	No	No	Enacted state-level DOMA to prohibit same sex marriage
Indiana	No	No	Enacted state-level DOMA to prohibit same sex marriage
Iowa	No	No	Enacted state-level DOMA to prohibit same sex marriage
Kansas	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Kentucky	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Louisiana	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Maine	No	Yes	Enacted state-level DOMA to prohibit same sex marriage
Maryland	No	No	Enacted state-level DOMA to prohibit same sex marriage
Massachusetts	Yes		First state to allow same sex marriages
Michigan	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Minnesota	No	No	Enacted state-level DOMA to prohibit same sex marriage
Mississippi	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Missouri	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Montana	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Nebraska	No	No	Constitutional amendment barring same sex marriage
Nevada	No	No	Constitutional amendment barring same sex marriage
New Hampshire	No	Yes	Enacted state-level DOMA to prohibit same sex marriage; civil unions offer state-level spousal rights
New Jersey		Yes	No laws barring same sex marriage; civil unions offer state-level spousal rights
New Mexico		Yes	No laws barring same sex marriage; recognizes same sex marriages performed in other states.
New York		Yes (New York City)	No laws barring same sex marriage; recognizes same sex marriages performed in other states.
North Carolina	No	No	Enacted state-level DOMA to prohibit same sex marriage
North Dakota	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Ohio	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Oklahoma	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Oregon	No	Yes	Constitutional amendment barring same sex marriage
Pennsylvania	No	No	Enacted state-level DOMA to prohibit same sex marriage
Rhode Island		Yes	No laws barring same sex marriage
South Carolina	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
South Dakota	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Tennessee	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Texas	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Utah	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Vermont	No	Yes	Enacted state-level DOMA to prohibit same sex marriage
Virginia	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Washington	No	Yes	Enacted state-level DOMA to prohibit same sex marriage
Washington DC		Yes	DC has recognized domestic partnerships since 1992 and shows support for same-sex marriage but is governed by U.S. Congress
West Virginia	No	No	Enacted state-level DOMA to prohibit same sex marriage
Wisconsin	No	No	Enacted state-level DOMA to prohibit same sex marriage AND Constitutional amendment barring same sex marriage
Wyoming	No	No	Enacted state-level DOMA to prohibit same sex marriage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  Tags : same sex marriage status, same sex marriage by state, same sex marriage laws