By Sara Stout Ashcraft
The Daily Record Newswire
Changes in the status of same-sex marriage and civil unions have occurred over the past year in some states, while in other states legislation has been recently introduced.
Below is a listing of the current status of laws regarding same-sex marriage and civil unions in the 50 states and the District of Columbia. While I have attempted to be as accurate as possible, sources are not completely in agreement, and I suggest that if it is critical for a reader to ascertain the exact status in a particular jurisdiction, official state sources be consulted.
Alabama: State constitution bans same-sex marriage and other same-sex unions.
Alaska: State constitution bans same-sex marriage.
Arizona: State constitution bans same-sex marriage.
Arkansas: State constitution bans same-sex marriage and other same-sex unions.
California: Unions granting marriage-like rights authorized; Constitutionality of Proposition 8 passed by voters banning same-sex marriage in legal limbo in federal and state courts.
Colorado: State constitution bans same-sex marriage; Statute-created limited rights for same-sex relationships.
Connecticut: Same-sex marriage authorized.
District of Columbia: Same-sex marriage authorized.
Delaware: Statute bans same-sex marriage.
Florida: State constitution bans same-sex marriage and other same-sex unions.
Georgia: State constitution bans same-sex marriage and other same-sex unions.
Hawaii: Statute bans same-sex marriage; Statute-created limited rights for same-sex relationships.
Idaho: State constitution bans same-sex marriage and other same-sex unions.
Illinois: Statute bans same-sex marriage.
Indiana: Statute bans same-sex marriage.
Iowa: Same-sex marriage authorized.
Kansas: State constitution bans same-sex marriage and other same-sex unions.
Kentucky: State constitution bans same-sex marriage and other same-sex unions.
Louisiana: State constitution bans same-sex marriage and other same-sex unions.
Maine: Statute bans same-sex marriage; Statute-created limited rights for same-sex relationships.
Maryland: Statute-created limited rights for same-sex relationships; State AG opinion to recognize same-sex marriages performed elsewhere.
Massachusetts: Same-sex marriage authorized.
Michigan: State constitution bans same-sex marriage and other same-sex unions.
Minnesota: Statute bans same-sex marriage.
Mississippi: State constitution bans same-sex marriage.
Missouri: State constitution bans same-sex marriage.
Montana: State constitution bans same-sex marriage.
Nebraska: State constitution bans same-sex marriage and other same-sex unions.
Nevada: State constitution bans same-sex marriage; Unions granting marriage- like rights authorized.
New Hampshire: Same-sex marriage authorized.
New Jersey: Unions granting marriage-like rights authorized.
New Mexico: Same-sex marriages performed elsewhere recognized.
New York: Same–sex marriages performed elsewhere recognized.
North Carolina: Statute bans same-sex marriage.
North Dakota: State constitution bans same-sex marriage and other same-sex unions.
Ohio: State constitution bans same-sex marriage and other same-sex unions.
Oklahoma: State constitution bans same-sex marriage and other same-sex unions.
Oregon: State constitution bans same-sex marriage; Unions granting marriage-like rights authorized.
Pennsylvania: Statute bans same-sex marriage.
Rhode Island: No specific prohibition or recognition of same-sex marriage or unions; Legislation introduced to extend civil marriage to same-sex couples, but religious institutions not required to perform marriage.
South Carolina: State constitution bans same-sex marriage and other same-sex unions.
South Dakota: State constitution bans same-sex marriage and other same-sex unions.
Tennessee: State constitution bans same-sex marriage.
Texas: State constitution bans same-sex marriage and other same-sex unions.
Utah: State constitution bans same-sex marriage and other same-sex unions.
Vermont: Same-sex marriage authorized.
Virginia: State constitution bans same-sex marriage and other same-sex unions.
Washington: Statute bans same-sex marriage; Unions granting marriage-like rights authorized.
West Virginia: Statute bans same-sex marriage.
Wisconsin: State constitution bans same-sex marriage and other same-sex unions; Statute-created limited rights for same-sex relationships.
Wyoming: Statute bans same-sex marriage.
For a period of time in 2008, California issued same-sex marriage licenses pursuant to a ruling by the California Supreme Court. On Nov. 4, 2008, Proposition 8, which limits marriage to one man and one woman, was approved by the electorate. However, the constitutionality of this ban is currently in limbo between the federal Ninth Circuit Court of Appeals and the California Supreme Court.
Further, as new sessions rev up in state legislatures, bills both for and against same-sex marriage are being trotted out. In New York, newly-installed Gov. Andrew Cuomo has expressed a desire to authorize same-sex marriage, and a bill is being introduced to do just that.
The Maryland legislature is expected to be presented with a similar bill. In Wyoming, opponents of same-sex marriage have already introduced a bill to prohibit recognition of same-sex marriage performed in other jurisdictions, while in Iowa others seek to overturn the court ruling authorizing same sex marriage.
Sara Stout Ashcraft is a partner in Ashcraft, Franklin, Young & Peters LLP. She concentrates her practice in the areas of matrimonial and family law.
