state breakdown of gay marriage rights/laws
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State Breakdown of Gay Marriage Rights
By: Amanda Couch, Ellie Houser, and Amy Schmitt
To help you understand…
• The Federal Defense of Marriage Act (DOMA) defines marriage as a legal union between one man and one woman for purposes of all federal laws, and provides that states need not recognize a marriage from another state if it is between persons of the same sex.
• 37 states have their own Defense of Marriage Acts
• 2 more states have strong language that defines marriage as one man and one woman.
• There are 30 states that have constitutional amendments protecting traditional marriage
Alabama
The Alabama Marriage Protection Act
•Marriage between people of the same sex is invalid
•The State of Alabama will not recognize as valid and marriage parties of the same sex, regardless of whether a marriage license was issued
Alaska
• Official registry for same sex couples
• DOMA enacted into state law
• Constitutional amendment banning same-sex marriage
Arizona
•DOMA banning same-sex marriage
Arkansas
• Law banning same-sex marriages
• Constitutional amendment banning same-sex marriage
California
• Official registry for same-sex couples and law banning same-sex marriage
• On 5/15/08 California Supreme Court allowed right to marry equally to gay and straight couples. But 6 months later, Proposition 8 banned gay marriage in November 2008
Colorado
• DOMA bans same-sex marriage
Connecticut
• Same-sex marriages became legal in November 2008
Delaware
• DOMA banning same-sex marriage
District of Columbia
• Official registry for same-sex couples
• Recognizes gay marriages performed in other states
Florida
• DOMA banning same-sex marriages
Georgia
• DOMA banning same-sex marriages
• Passed constitutional amendment banning same- sex marriage in November 2004
Hawaii
• Constitutional law banning same-sex marriages
• Has domestic partnership laws that provide certain legal rights to gay relationships
Idaho
• DOMA banning same-sex marriages
Illinois
• DOMA banning same-sex marriages
Indiana
• DOMA banning same-sex marriages
Iowa
• Same-sex marriages allowed, effective on April 24, 2009
Kansas
• DOMA banning same-sex marriages
Kentucky
• DOMA banning same-sex marriages
• Passed a constitutional amendment banning same-sex marriage in November 2004
Louisiana
• State law (DOMA) banning same-sex marriages
• Also have a constitutional amendment banning same-sex marriages
Maine
• DOMA banning same-sex marriages
• Offers some legal protection to couples registered as domestic partners
Maryland
• Has 33-year-old state law defining marriage as a union between a man and a woman
Massachusetts
• Court ruling that strikes down any ban on same-sex marriages
Michigan
• DOMA banning same-sex marriages
• Passed a constitutional amendment banning same-sex marriages in November 2004
Minnesota
• DOMA banning same-sex marriages
Mississippi
• DOMA banning same-sex marriages
• Passed a constitutional amendment banning same-sex marriages in November 2004
Missouri
• DOMA banning same-sex marriages
• Passed a constitutional amendment banning same-sex marriages in November 2004
Montana
• DOMA banning same-sex marriages
• Passed constitutional amendment defining marriage as the union of a man and a woman
Nebraska
• DOMA banning same-sex marriages
Nevada
• DOMA banning same-sex marriages
New Hampshire
• Law banning same-sex marriages
• Effective January 1,2008 same-sex civil unions were allowed in New Hampshire
New Jersey
• No laws banning same-sex marriages
• Same- sex civil unions allowed
New Mexico
• Does not have law banning same-sex marriages
New York
• Does not have a law banning same-sex marriages
North Carolina
• DOMA banning same-sex marriages
North Dakota
• DOMA banning same-sex marriages
• In November 2004 passed constitutional amendment banning same-sex marriages
Ohio
• DOMA banning same-sex marriages
• In November 2004 passed constitutional amendment banning same-sex marriages
Oklahoma
• DOMA banning same-sex marriages
• In November 2004 passed constitutional amendment banning same-sex marriages
Oregon
• In November 2004, passed Measure 36 defining marriage between one man and one woman
• On January 1, 2008 Oregon residents could register for domestic partnerships and receive all rights, benefits, privileges and immunities that are given to married couples in Oregon
Pennsylvania
• DOMA banning same-sex marriages
Rhode Island
• Does not have a law banning same-sex marriages
South Carolina
• DOMA banning same-sex marriages
South Dakota
• DOMA banning same-sex marriages
Tennessee
• DOMA banning same-sex marriages
Texas
• DOMA banning same-sex marriages
Utah
• DOMA banning same-sex marriages
• Passed a constitutional amendment banning same-sex marriages in November 2004
Vermont
• Law that legalizes and recognizes same-sex civil unions
• Effective September 1, 2009, same-sex marriages legal in Vermont
Virginia
• DOMA banning same-sex marriages
Washington
• DOMA banning same-sex marriages
• Does give gay couples some rights normally given to married heterosexual couples
West Virginia
• DOMA banning same-sex marriages
Wisconsin
• Law banning same-sex marriage
Wyoming
• Law banning same-sex marriages
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