Gay marriage laws.

Act 2 Sc 2. Page 55 Norman: "I'm in favor of Massachusetts Gay Marriage Law." 50-state rundown on gay marriage laws By Kavan Peterson, Staff Writer

For an updated backgrounder on this subject, click here. (Updated Nov. 3, 2004) Six months after gay and lesbian couples began legally marring in Massachusetts, opponents of same-sex marriage swept Election Day, with voters in 11 states approving constitutional amendments codifying marriage as an exclusively heterosexual institution. The amendments won in Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Oklahoma, Ohio, Utah and even Oregon the one state where gay rights activists had hoped to prevail. The amendments passed with a 3-to-1 margin in Kentucky, Georgia and Arkansas, 3-to-2 in Ohio and 6-to-1 in Mississippi. Bans passed by narrower margins in Oregon, about 57 percent, and Michigan, about 59 percent. "Yesterday's vote reveals once again the broad support for protecting marriage among the American people," said Tony Perkins, president of the conservative Family Research Council. Gay-rights activists have filed challenges to the new amendments in Georgia and Oklahoma. In Louisiana, a judge recently struck down a constitutional same-sex marriage ban approved in September on grounds that it improperly dealt with more than one issue by banning not only same-sex marriage but also any legal recognition of domestic partnerships or civil unions. Louisiana's constitution requires that amendments be limited to a single-subject. Three other states that also have single-subject requirements - Georgia, Ohio and Oklahoma may face legal challenges similar to the one in Louisiana, said Kristina Wilfore, executive direct of the Ballot Initiative Strategy Center , a Washington, D.C.-based organization that supports progressive ballot measures. Since Massachusetts began allowing gay and lesbian couples to wed last May, 13 states have approved constitutional bans on same-sex marriage. This number includes Missouri, which approved such a measure in August. The amendments in Mississippi, Montana and Oregon refer only to marrriage, specifying that it should be limited to unions of one man and one woman. The measures in Arkansas, Georgia, Kentucky, Michigan, North Dakota, Ohio, Oklahoma and Utah call for a ban on civil unions or other partnership benefits as well. None of these states allowed gay marriage before, but the stakes were highest in Oregon, where city officials in Portland married nearly 3,000 same-sex couples last spring before a judge halted the practice. The state's highest court will hear arguments Dec. 15 on the validity of those marriages. National and local gay-rights groups campaigned vigorously in Oregon, raising and spending millions of dollars, but they failed to defeat the amendment, which is expected to lead to the nullification of the 3,000 same-sex marriages. "It is always wrong to put basic rights up to a popular vote," said Matt Foreman, executive director of the National Gay and Lesbian Task Force. "In the end, the U.S. Supreme Court will decide on marriage equality and it will base its decision on the U.S. Constitution, not anything in any of the state constitutions." Currently, more than 20 lawsuits seeking same-sex marriage rights are being pursued in 11 states: California, Connecticut, Florida, Indiana, Maryland, Massachusetts, Nebraska, New Jersey, New York, Oregon and Washington. Most of the suits are modeled after a Massachusetts case filed by seven same-sex couples who successfully argued that the Bay State Constitution guarantees them the right to marry. Washington state's Supreme Court is expected soon to hear appeals of two lower court rulings that struck down the state's six-year-old statute banning same-sex couples from marrying. Lawsuits pending in California and New Jersey also have been appealed to their state's highest courts and could be decided in the next year. Courts that already have looked at the issue in Massachusetts, Vermont, Alaska and Hawaii have ruled in favor of gay unions. In both Alaska and Hawaii, however, the court rulings later were overridden by state constitutional amendments banning same-sex marriage. Vermont's high court allowed the Legislature to ban same-sex marriage as long as it provided an alternative for gays and lesbians called civil unions, while the Massachusetts Supreme Judicial Court ordered its Legislature to provide nothing less than marriage. Since the Massachusetts 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 were adopted by 13 states in 2004. In seven states - Georgia, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma and Utah - Legislators approved putting constitutional amendments on ballots, while in the six other states - Arkansas, Michigan, Montana, North Dakota, Ohio and Oregon the measures were advanced by conservative, church-backed citizens groups that collected signatures on petitions. All required a statewide vote to pass. Missouri voters approved a same-sex marriage-ban amendment August 2. On Oct. 5, a Louisiana judge struck down the constitutional ban on same-sex marriage that voters had overwhelmingly approved Sept. 18. Voters in Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah approved their amendments on Election Day. Similar measures were approved by legislatures in Massachusetts, Tennessee and Wisconsin, but must be approved again in 2005 before going to a statewide vote that year in Wisconsin and in 2006 in Massachusetts and Tennessee. Three states Alaska, Nebraska and Nevada already had bans against same-sex marriage written into their constitutions. A fifth state, Hawaii, passed an amendment reserving the right to define marriage for the state Legislature, which bans gay marriage. Marriage statutes -- Sixteen states debated and five of those adopted -- statutory legislation this year that 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's civil unions law. Those that toughened their marriage laws were New Hampshire, Ohio, Oklahoma, Utah and Virginia. Non-binding resolutions -- At least 20 states considered non-binding resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage, and two Alabama and Virginia adopted them. A federal constitutional amendment was proposed in Congress but the Senate in July failed to rally enough support to bring it to a vote. Republican leaders vow to bring it up again this fall. Thirty-nine states already prohibit gay and lesbian couples from marrying with laws modeled after the federal Defense of Marriage Act (DOMA). Passed by Congress in 1996, the federal DOMA bars federal recognition of same-sex marriages and allows states to ignore gay marriages performed elsewhere. Four states (Maryland, New Hampshire, Wisconsin and Wyoming) have laws or court rulings prohibiting same-sex marriage that predate the federal DOMA. Following is a 50-state roundup of current law and proposals to change state marriage laws. Based on information compiled from Stateline.org news reports, the Human Rights Campaign and the National Conference of State Legislatures. 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 written into state constitution and state law Legislation: A state constitutional amendment to ban same-sex marriage placed on the November ballot through the citizen initiative process was approved by voters. 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' 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, but the legislation has not been considered by full Assembly (AB 1967). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (AJR 67). Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (AJR 67). Court action:State Supreme Court on August 12 nullified nearly 4,000 marriage licenses issued to same-sex couples in San Francisco in violation of state law. The high court is expected to hear a separate case that will decide on the constitutionality of banning same-sex marriage at a later date. 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). Court action:Gay and Lesbian Advocates and Defenders, the legal group that won marriage rights for same-sex couples in Massachusetts, filed a lawsuit in state court Aug. 25 on behalf of seven same-sex couples seeking the right to marry. 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) has blocked the measure from coming to a vote (SB 246). FLORIDA Current law: DOMA adopted as state law Legislation: None Court action: Miami lawyer Ellis Rubin has filed 8 lawsuits 3 federal cases and 5 state cases in 2004 on behalf of about 40 same-sex couples. Two of the federal cases seek recognition of marriages performed in Canada and Florida and challenge the federal Defense of Marriage Act. The other cases were filed on behalf of unwed same-sex couples seeking the right to marry. None have gone to trial yet. The National Center for Lesbian Rights has filed a lawsuit on behalf of six same-sex couples challenging Florida's same-sex marriage ban. GEORGIA Current law: DOMA written into state constitution and state law Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature and by 85 percent of voters on Nov. 2. Court action:A trial court judge dismissed a lawsuit Sept. 29 seeking to remove the same-sex marriage ban from the ballot. Gay-rights advocates say they will re-file the lawsuit now that the amendment has been approved by voters. 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). Court action: The Indiana Civil Liberties Union filed a lawsuit on behalf of three same-sex couples challenging Indiana's same-sex marriage ban. The case was dismissed by a trial court judge in 2003 and is currently pending in the state Court of Appeals. 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 written into state constitution and 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 by nearly 75 percent of voters Nov. 2. LOUISIANA Current law: DOMA written into state constitution and state law Legislation: Constitutional amendment restricting marriage to opposite-sex couples and prohibiting state officials and courts from recognizing same-sex marriages or civil unions performed elsewhere was passed by a 4-to-1 margin Sept. 18. Court action: A district judge struck down the constitutional ban on same-sex marriage Oct. 5, ruling that the measure was flawed as drawn up by the Legislature because the provision had more than one purpose banning not only same-sex marriage but also civil unions. Opponents plan to appeal the ruling. 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). Court action: The American Civil Liberties Union filed a lawsuit July 7, 2004 challenging the state's same-sex marriage ban on behalf of nine same-sex couples and a man whose partner recently died. 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. Court action: Gay and Lesbian Advocates and Defenders filed a lawsuit July 2004 challenging a 1913 law that prohibits out-of-state same-sex couples from marrying in Massachusetts. On August 17, a trial court upheld the 1913 law but GLAD said it will appeal the ruling. MICHIGAN Current law: DOMA written into state constitution and state law Legislation: State constitutional amendment banning same-sex marriage placed on the Nov. 2 ballot by citizen initiative groups and approved by 59 percent of voters. Court action: The state Court of Appeals ruled Sept. 3 that the proposed constitutional ban on same-sex marriage should appear on the Nov. 2 ballot even though the state canvassing board could not overcome a partisan deadlock to certify the measure. 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 written into state constitution and state law Legislation: State constitutional amendment defining marriage as the union between a man and a woman was approved by the Legislature and passed by voters on Nov. 2. MISSOURI Current law: DOMA adopted as state law and written into constitution Aug. 3 Legislation: None MONTANA Current law: DOMA written into state constitution and state law Legislation: State constitutional amendment banning same-sex marriage placed on the Nov. 2 ballot by citizen initiative groups and approved by voters. NEBRASKA Current law: DOMA written into state constitution Legislation: None Court action: The American Civil Liberties Union filed suit in 2003 in federal court in Nebraska challenging the state's constitutional amendment banning same-sex marriage. 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' 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 . Court action: Lambda Legal filed a case on behalf of seven same-sex couples seeking the right to marry. A trial court judge dismissed the case in November 2003. Lambda is seeking an appeal to the state Supreme Court. 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). Court action: Lambda filed a case March 5, 2004 on behalf of a same-sex couple seeking the right to marry. The American Civil Liberties Union filed a case July 1, 2004 on behalf of 13 same-sex couples seeking the right to marry. Neither case has gone to trial yet. NORTH CAROLINA Current law: DOMA adopted as state law Legislation: State constitutional amendments banning same-sex marriage were introduced but no action was taken before the legislature adjourned July 18 (H1606, S1057). NORTH DAKOTA Current law: DOMA written into state constitution and state law Legislation: State constitutional amendment banning same-sex marriage placed on the Nov. 2 ballot by citizen initiative groups and approved by voters. OHIO Current law: DOMA written into state constitution and state law Legislation: State constitutional amendment banning same-sex marriage placed on the Nov. 2 ballot by citizen initiative groups and approved by voters. 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's existing DOMA law was approved. Resolution introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (HR 1028). OREGON Current Law: DOMA written into state constitution (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: State constitutional amendment banning same-sex marriage placed on the Nov. 2 ballot by citizen initiative groups and approved by 55 percent of voters. Court action: The American Civil Liberties Union has filed a lawsuit seeking recognition of nearly 3,000 marriage licenses granted to same-sex couples by Multnomah County officials. A trial court judge ruled in April 2004 that the marriages were valid and banning same-sex marriage violates the state's constitution. The state Court of Appeals upheld that ruling in July but has stayed the decision until the state Supreme Court considers the matter. A hearing is scheduled before the high court on Nov. 17. 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's 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's 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's existing DOMA by forbidding the state from recognizing a "civil 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 written into state constitution and 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 by voters Nov. 2. 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). Court action: A second Superior Court judge ruled Sep. 7 that banning same-sex couples from marrying violates the state's constitution. If the case, argued by the American Civil Liberties Union on behalf of 11 same-sex couples, is taken up by the state Supreme Court, it likely will be joined with a similar lawsuit filed by Lambda Legal that resulted in the state's first Superior Court ruling to strike down the state's ban against same-sex marriage on Aug. 2. Both judges delayed implementing their ruling to let the high court take up the case. 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's 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 http://www.stateline.org/live/ViewPage.action?siteNodeId=136&languageId=1&contentId=15576