© Copyright 2004 Stateline.org

(Updated June 17, 2004)

Massachusetts became the first state to legalize marriage between members of the same sex May 17, as a result of a November 2003 decision by the state�fs highest court that denying gay and lesbian couples the right to marry violated the state�fs constitution.

Since the Massachusetts Supreme Judicial Court ruling, more than 35 states have introduced legislation aimed at preserving the traditional definition of marriage as a union between a man and a woman.

The legislative activity takes three basic forms:

• State constitutional amendments -- The toughest involves enshrining a ban on marriage of same-sex couples in the state constitution and has been considered by at least 31 states. Lawmakers in 25 states have introduced proposed constitutional amendments and signatures are being gathered in seven states (Arkansas, Massachusetts, Michigan, Montana, North Dakota, Ohio and Oregon) to place gay marriage amendments on the ballot through the citizen initiative process. All would require a statewide vote.
  
  Voters in Missouri will be the first to decide on a constitutional ban on gay marriage, which will be put on the state's primary ballot in August. Lawmakers in five other states - Georgia, Kentucky, Mississippi, Oklahoma and Utah - have approved putting constitutional gay marriage bans on the November ballot. Similar measures were approved by Massachusetts', Tennessee's and Wisconsin�fs legislatures, but must be approved again in 2005 before going to a statewide vote that year in Wisconsin and 2006 in Massachusetts and Tennessee.
  
  Proposed constitutional amendments are still pending in four state legislatures - Delaware, Louisiana, Michigan and North Carolina. Amendments are expected to be introduced in Ohio and Pennsylvania.
  
  
• Marriage statutes -- Sixteen states have debated statutory legislation that would either prohibit same-sex marriage, strengthen pre-existing gay marriage bans and/or prohibit granting marriage-like benefits to same-sex couples in lieu of marriage such as those provided under Vermont�fs civil unions law.
  
  Such measures have been approved by New Hampshire, Ohio, Oklahoma, Utah and Virginia, and are still active in four other states: Louisiana, New Jersey, New York and Tennessee.
  
  
• Non-binding resolutions -- Alabama and Virginia have adopted non-binding resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage. Similar resolutions have been introduced in at least 20 states and are still pending in nine states: California, Illinois, Louisiana, Michigan, New Jersey, Ohio, South Carolina, Tennessee and Texas.

ALABAMA
• Current law: DOMA adopted as state law
• Legislation:Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage has been adopted. (HJR 129). State constitutional amendment to ban same-sex marriage introduced but failed.
  ALASKA
• Current law: DOMA written into state constitution and state law
• Legislation: None
  ARIZONA
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment was introduced but failed (SCR 1015). A resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage passed the state House but failed in the Senate(SCM 1004).
  ARKANSAS
• Current law: DOMA adopted as state law
• Legislation: Signatures are being gathered to place a state constitutional amendment to ban same-sex marriage on the ballot in November, bypassing the Legislature. At least 80,000 signatures must be collected by July 2, 2004 to make November's ballot. Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (SR 12).
  CALIFORNIA
• Current law: State law, passed by public referendum, bans same-sex marriage (In defiance of that law, San Francisco issued more than 3,200 marriage licenses to same-sex couples. The state high court is expected to rule on the validity of those marriages). The state will extend certain state-level marriage benefits to those on a domestic partners�f registry starting Jan. 1, 2005.
• Legislation: Assembly Judiciary committee on April 20 became the first legislative body in America to approve a measure that would allow same-sex couples to wed (AB 1967). The measure must pass the Assembly and Senate and be approved by Gov. Arnold Schwarzenegger before going into effect, but May 18 its sponsor said it is not likely to go to the floor for a vote. Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (AJR 67).
  COLORADO
• Current law: DOMA adopted as state law
• Legislation: Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage was introduced, but died (HJR04-1013).
  CONNECTICUT
• Current law: State adoption statute refers to marriage as a union between a man and a woman.
• Legislation: Bill introduced to allow same-sex couples to marry (HBO 3069).
  DELAWARE
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment forbidding same-sex marriages and civil unions introduced March 31, but Senate President Thurman G. Adams (D) said he will stop the measure from coming to a vote (SB 246).
  FLORIDA
• Current law: DOMA adopted as state law
• Legislation: None
  GEORGIA
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature and now goes to a statewide vote in November. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage was introduced but died in committee (HR 1063).
  HAWAII
• Current law: Constitutional amendment giving the legislature the right to reserve marriage to opposite-sex couples. DOMA passed by the legislature and adopted as state law by public referendum. But Hawaii law provides limited state benefits to same-sex partners.
• Legislation: None.
  IDAHO
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment banning same-sex marriage passed the state House Feb. 11, but was not voted on in the Senate before the legislature adjourned in March (HJR 009).
  ILLINOIS
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendments banning same-sex marriage introduced but failed to pass (HJRCA 24, SJRCA 56, HJRCA 25, HJRCA 31). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage .
  INDIANA
• Current law: DOMA adopted as state law
• Legislation: The Legislature adjourned March 4, effectively killing a proposed state constitutional amendment banning same-sex marriage. The measure passed the state Senate but stalled in the House when Democrats refused to bring it to a vote. Republicans unsuccessfully attempted to force a vote by stalling all legislative activity for one week by refusing to enter the House chambers. (HJR 3, SJR 7).
  IOWA
• Current law: DOMA adopted as state law
• Legislation: Senate voted down a state constitutional amendment banning same-sex marriage (SJR 2002). Proposed state law that would prohibit recognition of same-sex marriage or any legal union that provides marriage-like benefits failed (SF 216). Resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage also have been introduced and approved by committees in both chambers (HJR 2002, SJR 2005).
  KANSAS
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment banning same-sex marriage and benefits that associate marriage to other relationships was approved by the state Senate May 1 but narrowly defeated in the state House May 4 (HCR 5005). A similar measure had narrowly passed the House in March but was voted down by the Senate.
  KENTUCKY
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature April 19 and now goes to a statewide vote in November (SB 245). A resolution urging Congress to adopt a federal marriage amendment passed the House but died in the Senate (HCR 17).
  LOUISIANA
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendments banning same-sex marriage passed the Senate (SB 166) and state House May 18 (HB 61). HB 61 won Senate approval June 9 and if the House agrees to the Senate's more stringent language the measure will go to a statewide vote Sept. 18. The House wanted a vote Nov. 2 to coincide with the presidential election. If the House rejects the Senate version the measure will go back to conference committee. Marriage statute introduced in Senate that would strengthen existing DOMA by prohibiting the recognition of civil unions, domestic partnerships, or similar relationships granted in other states (SB 159). Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced (HCR 29).
  MAINE
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment banning same-sex marriage was proposed but failed in both legislative chambers.
  MARYLAND
• Current law: The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973.
• Legislation: State constitutional amendment and proposed state law banning same-sex marriage were introduced and defeated (HB 16, HB 728, SB 746).
  MASSACHUSETTS
• Current law: The Massachusetts Supreme Judicial Court has ordered legislation to allow same-sex couples to marry by May 17, 2004.
• Legislation: State constitutional amendment banning same-sex marriages but establishing civil unions gained preliminary approval March 29 during the state Constitutional Convention. The measure must be approved in identical form during the next legislative session in 2005 before going to a statewide vote in 2006. Three bills introduced to permit same-sex couples to marry but are not likely to come to a vote (HB 3556, HB 3677, SB 935). A citizen initiated petition drive is under way to amend the constitution to ban same-sex marriage and civil unions, but 2008 is the soonest it could come to a statewide vote.
  MICHIGAN
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment banning same-sex marriage failed to receive the necessary two-thirds vote to pass the state House March 9 (HJR 21). A similar amendment is pending in the state Senate, but observers do not expect the measure to come up for a vote (SJR 5). Citizen initiative group gathering signatures to place a state constitutional amendment to ban same-sex marriage on the ballot in November, bypassing the Legislature. Resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage also have been introduced (HR 109, SCR 31) .
  MINNESOTA
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment banning same-sex marriage was introduced but died when the legislature adjourned May 14 without voting on the measure.
  MISSISSIPPI
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature and will go to a statewide vote in November. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage passed the Senate (SCR 519). Awaits action in the House.
  MISSOURI
• Current law: DOMA adopted as state law
• Legislation: The Missouri Supreme Court ruled June 3 that a proposed gay marriage ban, which was to be put to a statewide vote in November, should be put on the August primary ballot. The state's highest court said Secretary of State Matt Blunt could not put off the vote until the fall's general election, as many Republicans had wanted.
• 
  MONTANA
• Current law: DOMA adopted as state law
• Legislation: Signatures are being gathered to place a state constitutional amendment to ban same-sex marriage on the ballot in November, bypassing the Legislature, which is out of session until 2005.
  NEBRASKA
• Current law: DOMA written into state constitution
• Legislation: None
  NEVADA
• Current law: DOMA written into state constitution
• Legislation: None
  NEW HAMPSHIRE
• Current law: State law bans same-sex marriage and pre-dates DOMA laws.
• Legislation: The state House and Senate have approved a bill that would reinforce a state law banning same-sex marriages and prohibit recognition of gay marriages performed elsewhere (SB 427). Republican Gov. Craig Benson has said he would sign it.
  NEW JERSEY
• Current law: State law provides for a domestic partners�f registry with marriage-like benefits for same-sex couples.
• Legislation: Bill introduced proposing adoption of DOMA to prevent gay and lesbian couples from marrying (AB 460). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage .
  NEW MEXICO
• Current law: No public policy
• Legislation: None
  NEW YORK
• Current law: No public policy
• Legislation: State law proposed that would prohibit recognition of same-sex marriages or civil unions performed elsewhere (A 2998). Bill that would recognize same-sex marriage has been proposed in the state Senate (SB 3816) and in the Assembly (AB 7392); three bills to extend some marriage benefits to same-sex couples have been introduced in the state Assembly (AB 2998, AB 3129, AB 8844).
  NORTH CAROLINA
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment banning same-sex marriage has been written, but lawmakers say it is unlikely to introduced until 2005.
  NORTH DAKOTA
• Current law: DOMA adopted as state law
• Legislation: Opponents of gay marriage have filed to collect signatures in order to place a state constitutional amendment to ban same-sex marriage on the ballot in November. The group must collet 25,688 signatures by August 3 to make November's ballot.
  OHIO
• Current law: DOMA adopted as state law
• Legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (SCR 23). Opponents of gay marriage have filed to collect signatures in order to place a state constitutional amendment to ban same-sex marriage on the ballot in November. The group must collet 317,000 signatures by August 2 and the measure must then be approved by the legislature before going on the ballot.
  OKLAHOMA
• Current law: DOMA adopted as state law
• Legislation: The legislature approved putting a state constitutional amendment defining marriage as the union between a man and a woman to a statewide vote in November (SJR 46). Legislation strengthening the state�fs existing DOMA law was approved. Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (HR 1028).
  OREGON
• Current Law: No public policy (Multnomah County officials in Portland issued marriage licenses to 3,000 same-sex couples before being ordered to stop by a circuit court judge April 20. The case is likely to go to the state Supreme Court).
• Legislation: Citizen ballot initative filed to begin collecting signatures to place a state constitutional amendment to ban same-sex marriage on the November ballot, bypassing the Legislature. Signatures cannot be gathered until a lawsuit filed by the American Civil Liberties Union seeking to invalidate the initiative is settled.
  PENNSYLVANIA
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment is expected to be introduced.
  RHODE ISLAND
• Current law: No public policy
• Legislation: Two bills to adopt state DOMA laws were introduced but failed (HB 7395, HB 7571). Bill that would recognize same-sex marriage has been proposed
  SOUTH CAROLINA
• Current law: DOMA adopted as state law
• Legislation: Bill that would strengthen the state�fs existing DOMA by forbidding the state to recognize same-sex marriages or to grant marriage-like benefits to same-sex couples pased the House but failed in the Senate (HB 4657). Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage died in a House committee (H 4736).
  SOUTH DAKOTA
• Current law: DOMA adopted as state law
• Legislation: Bill that would strengthen the state�fs existing DOMA by forbidding the state to recognize same-sex marriage or to grant marriage-like benefits to same-sex couples was introduced but failed (HB 1289).
  TENNESSEE
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment banning same-sex marriages gained preliminary approval by both houses of the legislature (HJR 990). The measure must be approved in identical form during the next legislative session in 2005 before going to a statewide vote in 2006.Senate passed a bill March 31 that would strengthen the state�fs existing DOMA by forbidding the state from recognizing a �gcivil union or domestic partnership between individuals of the same sex" (SB 2661). Was voted down by a House committee but may be reintroduced. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage passed by the Senate and a House committee (SJR 27).
  TEXAS
• Current law: DOMA adopted as state law
• Legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage.
  UTAH
• Current law: DOMA adopted as state law
• Legislation: A state constitutional amendment defining marriage as the union between a man and a woman and barring state recognition of any "domestic partnership" was approved by the Legislature and now goes to a statewide vote in November. A bill changing state law to do essentially the same thing was passed by the Legislature and signed by the governor (SB 24).
  VERMONT
• Current law: State law defines marriage as union between man and woman, but civil unions created in 2000 to provide same-sex couples access to state-level marriage benefits.
• Legislation: State constitutional amendment banning same-sex marriage introduced but failed (PR0005). Bill that would allow same-sex couples to marry was introduced but failed (HB 676). Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage was introduced but failed.
  VIRGINIA
• Current law: DOMA adopted as state law
• Legislation: Both chambers of the Legislature have approved a bill reaffirming that Virginia has no constitutional or legal obligation to recognize marriages, civil unions or domestic partnership contracts between same-sex couples (HB 751). Gov. Mark Warner (D) has not indicated whether he will sign the bill, but it passed by a veto-proof majority. Resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage passed both houses of the Legislature (HJR 187, SJR 91).
  WASHINGTON
• Current law: DOMA adopted as state law
• Legislation: State constitutional amendment and state law banning same-sex marriage were introduced but died in committee when the legislature adjourned (HJR 4220).
  WEST VIRGINIA
• Current law: DOMA adopted as state law
• Legislation: Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage
  WISCONSIN
• Current law:No DOMA, but state supreme court ruling and Attorney�fs General opinion held that only heterosexual marriages are legal.
• Legislation: State constitutional amendment banning same-sex marriage and civil unions has been approved by the both chambers of the Legislature. The legislation must clear both houses again in the 2005 session before going before voters in a statewide referendum. Proposed statute to establish a state DOMA was approved by the Legislature but vetoed by Democratic Gov. Jim Doyle in 2003. (SJR, 63, AJR 66).
  WYOMING
• Current law: State law bans same-sex marriage and pre-dates DOMA laws.
• Legislation: Legislation to enact a state law modeled after DOMA was introduced but failed.