Yahoo! Mail - richardmangus@yahoo.com Print - Close Window From:"Mangus, Richard E" To:"'Richard'" Subject:home - Stateline.org 50-state rundown on gay marriage laws - prin ter-fiendly version Date:Sun, 4 Apr 2004 16:42:20 -0500 Politics & policy news, state by state © Copyright 2004 Stateline.org Tuesday, March 30, 2004 50-state rundown on gay marriage laws By Kavan Peterson, Staff Writer, Stateline.org (Updated April 1, 2004) More than 35 states have introduced legislation this year aimed at preserving the traditional definition of marriage as a union between a man and a woman. In March, lawmakers in Utah and Georgia approved putting state constitutional amendments banning same-sex marriage before voters on the November ballot. Similar measures were approved by Massachusetts' and Wisconsin's legislatures in March but must be approved again in 2005 before going to a statewide vote in 2006. Constitutional bans on same-sex marriage also have been introduced in 23 other states. Such measures have failed in 11 states, but the debate is still raging in these 12: Alabama, Delaware, Illinois, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, North Carolina, Pennsylvania, Tennessee and Vermont. All would require passage by the legislature and then a statewide vote. In Arkansas, Montana and Oregon, signatures are being gathered to place gay marriage amendments on the ballot in November through the citizen initiative process. Four states - Alaska, Hawaii, Nebraska and Nevada - already have bans against same-sex marriage written into their constitutions. Sixteen states have debated legislation that would change their statutes to 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. Such measures have been approved by Ohio and Utah and are still active in 10 other states: Connecticut, Iowa, New Hampshire, New Jersey, New York, Oklahoma, Rhode Island, South Carolina, Tennessee, Virginia. Bills failed in Maryland, South Dakota, Washington and Wyoming. Alabama and Virginia have adopted non-binding resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage. Similar resolutions are pending in 14 states: Arizona, Arkansas, California, Colorado, Georgia, Illinois, Iowa, Kentucky, Michigan, Mississippi, Ohio, South Carolina, Tennessee and West Virginia. 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. Three states (Maryland, New Hampshire and Wyoming) have laws prohibiting same-sex marriage that predate the federal DOMA. California, Hawaii, New Jersey and Vermont provide certain privileges to same-sex couples, short of marriage. Massachusetts is the only state slated to allow legal marriages between persons of the same sex starting May 17. Six states (California, Massachusetts, New York, Rhode Island, Vermont and Wisconsin) have introduced legislation this year that would permit same-sex couples to marry. Following is a 50-state roundup of current law and proposals to change state marriage laws. The proposals comprise state constitutional amendments, changes to state law and non-binding resolutions. 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). Three amendments to the state constitution introduced Feb. 3. One would prohibit courts in Alabama from considering the definition of marriage. The other two would ban issuance of marriage licenses to same-sex couples and abolish the recognition of common law marriages (HB 283, HB 414, HB 94). 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). Still pending is a resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage (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. 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 has issued more than 3,200 marriage licenses to same-sex couples.) The state will extend certain state-level marriage benefits to those on a domestic partners' registry starting Jan. 1, 2005. Legislation: 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 introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (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 introduced urging Congress to pass a federal constitutional amendment banning same-sex marriage (HR 1063). HAWAII Current law: DOMA written into constitution 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 has stalled in a Senate committee, likely ending its chances of going before voters in November (HJR 009). ILLINOIS Current law: DOMA adopted as state law Legislation: Four similar state constitutional amendments banning same-sex marriage introduced (HJRCA 24, SJRCA 56, HJRCA 25, HJRCA 31). 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). Still pending is a proposed state law that would prohibit recognition of same-sex marriage or any legal union that provides marriage-like benefits (SF 216). Resolutions urging Congress to pass a federal constitutional amendment banning same-sex marriage also have been introduced (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 House but rejected by the Senate, effectively killing the measure (HCR 5033). KENTUCKY Current law: DOMA adopted as state law Legislation: House Democrats are attempting to block a Senate-passed state constitutional amendment banning same-sex marriage (SB 245). The House passed a resolution urging Congress to adopt a federal marriage amendment (HCR 17). LOUISIANA Current law: DOMA adopted as state law Legislation: State constitutional amendments banning same-sex marriage introduced in both houses of the Legislature (HB 61, HB 767, SB 159, SB 166). 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 (HB 3556, HB 3677, SB 935). 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 (SJR 5). 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 rejected by the Senate (SF 2715). Similar measure is pending in the House (HF 2798). MISSISSIPPI Current law: DOMA adopted as state law Legislation: State constitutional amendment banning same-sex marriage was passed in the state Senate March 16 (SCR 514). The measure will go before voters in November if approved by the House, where a similar measure passed March 1 (HRC 56). Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage also has been introduced (SCR 519). MISSOURI Current law: DOMA adopted as state law Legislation: The state Senate approved an amendment to the state constitution March 1 that would ban same-sex marriages (SJR 29). A joint version of the Senate bill is expected to pass the House by a large majority, putting it on the November ballot (HJR 39). 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. 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 Senate approved a bill March 11 that would reinforce a state law banning same-sex marriages and prohibit recognition of gay marriages performed elsewhere (SB 427). If approved by the House, 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). 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 2220); three bills to extend some marriage benefits to same-sex couples have been introduced in the state Assembly (AB 2998, AB 3129, AB 7392, 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: None 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). OKLAHOMA Current law: DOMA adopted as state law Legislation: Proposed amendments to the state constitution banning same-sex marriage have been introduced, but observers expect none to pass (HJR 1042, HJR 1045, HJR 1065, SJR 38, SJR 46). Three bills that would strengthen the state's existing DOMA law have been introduced (HB 2207, HB 2255, HJR 1055) plus a resolution 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 began issuing marriage licenses to same-sex couples March 2). Legislation: Signatures are being gathered to try to place a state constitutional amendment to ban same-sex marriage on the ballot in August or November, bypassing the Legislature. PENNSYLVANIA Current law: DOMA adopted as state law Legislation: Republican lawmakers are attempting to amend a broadly supported adoption bill with provisions that would ban same-sex marriages, prohibit recognition of gay marriages or civil unions performed elsewhere and outlaw the recognition of common-law marriages (HB 343). State constitutional amendment is expected to be introduced. RHODE ISLAND Current law: No public policy Legislation: Two bills to adopt state DOMA laws have been introduced (HB 7395, HB 7571). SOUTH CAROLINA Current law: DOMA adopted as state law Legislation: House approved a 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 (HB 4657); awaits action in the Senate. Resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage died in committee (H 4736). SOUTH DAKOTA Current law: DOMA adopted as state law Legislation: Bill introduced 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 (HB 1289). TENNESSEE Current law: DOMA adopted as state law Legislation: 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). State constitutional amendment banning same-sex marriage was approved by the House but is stalled in the Senate (HJR 990). Also pending is a resolution urging Congress to pass a federal constitutional amendment banning same-sex marriage (SJR 27). TEXAS Current law: DOMA adopted as state law Legislation: None 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: DOMA adopted as state law, but civil unions created in 2000 to provide same-sex couples access to state-level marriage benefits. Legislation: A state constitutional amendment banning same-sex marriage is expected to be introduced this legislative session. A bill has been introduced that would allow same-sex couples to marry (HB 676). 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 banning same-sex marriage has been introduced (HJR 4220). WEST VIRGINIA Current law: DOMA adopted as state law Legislation: None WISCONSIN Current law: State law bans same-sex marriage and pre-dates DOMA laws. 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. Related Stateline.org stories Gay marriage a complex political, legal issue Massachusetts ruling stirs gay union backlash Gay marriage and death penalty rulings roil states Gay marriage ruling puts lawmakers on the spot Contact Kavan Peterson at kpeterson@stateline.org © Copyright 2004 Stateline.org <> http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&print=1&id=353 058 Attachment Stateline.org_50_state_rundown_on_gay_marriage_laws___printer_fiendly_version.url .url file