Same-sex marriage law in the United States by state
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the possible exception of American Samoa and some tribal nations.
Alabama
Texts:- Amendment 774. Sanctity of Marriage Amendment
& - Title 30. Marital and domestic relations - Chapter 1. Marriage.
§ 30-1-19. Marriage, recognition thereof, between persons of the same sex prohibited.
- Ref.1 & Ref.2
- Ref.1 & Ref.2
- Ref.1 & Ref.2
- Ref.1 & Ref.2
- Ref.1
- Ref.1
Alaska
Texts:- - Article I. Declaration of Rights - §25. Marriage :
- - Section 25. Marital and domestic relations - Chapter 25.05. Alaska marriage code
A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.
A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.
Arizona
Texts:- - ARTICLE XXX. MARRIAGE:
Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
- - Title 25 - Marital and Domestic Relations
... C. A marriage between persons of the same sex is void and prohibited.
Arkansas
Texts:- Amendment 83:
Section 2. Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.
- - Title 9. Family law - subtitle 2. Domestic relations - chapter 11. Marriage
- * Subchapter 1. General Provisions.
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Section 9-11-109. Validity of foreign marriages
All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
This section shall not apply to a marriage between persons of the same sex.
- * Subchapter 2. License and Ceremony.
It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
California
Texts:- - Article I. Declaration of rights.
- - Division 3. Marriage - Part 1. Validity of Marriage
Colorado
Texts:- , Art. II, §31:
- :
It is licensed, solemnized, and registered as provided in this part 1; and
It is only between one man and one woman.
Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph of subsection of this section shall not be recognized as valid in this state.
Connecticut
| Ban declared unconstitutional? | Legalized by state? |
Texts:
Marriage means the legal union of two persons.
Delaware
Texts:- , section 101 &
A marriage obtained or recognized outside the state between persons prohibited by subsection of this section shall not constitute a legal or valid marriage within the state.
§ 101. Void and voidable marriages.
A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.
A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:
-
Divorced, unless a certified copy of the divorce decree or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;
On probation or parole from any court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a marriage license a written consent to such person's proposed marriage from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully marry.
A marriage obtained or recognized outside the State between persons prohibited by subsection of this section shall not constitute a legal or valid marriage within the State.
For all purposes of the laws of this State, 2 persons of the same gender who are parties to a legal union other than a marriage established in another jurisdiction shall be afforded and shall be subject to the same rights, benefits, protections, responsibilities, obligations and duties as are afforded and imposed upon married spouses if:
Such legal union was validly entered into in such other jurisdiction;
Such legal union would not be prohibited as a marriage by reason of subsection of this section; and
Such legal union affords and imposes on such individuals under the laws of the jurisdiction establishing such union substantially the same rights, benefits, protections, responsibilities, obligations and duties as a marriage.
§ 129. Equal treatment of marital relationships.
All laws of this State applicable to marriage or married spouses or the children of married spouses, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, shall apply equally to same-gender and different-gender married couples and their children.
Parties to a marriage shall be included in any definition or use of terms such as "dependent," "family," "husband," "wife," "widow," "widower," "immediate family," "next of kin," "spouse," "stepparent," "tenants by the entirety" and other terms, whether or not gender specific, that denote a spousal or familial relationship, or a person in a spousal or familial relationship, as those terms are used throughout the Code, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of the laws of this State, including in equity, regardless of whether the parties to a marriage are the same gender or different genders.
To the extent that provisions of the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, adopt, refer to, or rely upon in any manner, provisions of United States federal law that would have the effect of treating differently same-gender married spouses or their children as compared to different-gender married spouses or their children, same-gender married spouses and their children shall be treated in all respects by the laws of this State as if United States federal law recognizes a marriage between persons of the same gender in the same manner as the laws of this State.
The rights of same-gender married spouses, with respect to a child of whom either spouse becomes the parent during their marriage, shall be the same as the rights of different-gender married spouses with respect to a child of whom either spouse becomes the parent during their marriage.
Notwithstanding anything to the contrary contained in, and in addition to any other rights afforded under, Chapter 31 of Title 16, if a married person is the legal parent of a child at the birth of the child, including pursuant to subsection of this section, such person shall be entitled to have his or her name entered on the original certificate of birth as a parent of the child.
All persons who enter into same-gender marriages that are solemnized in this State or are created by conversion from a civil union under the laws of this State consent to the nonexclusive jurisdiction of the Family Court of this State for all proceedings for divorce and annulment of such marriage, even if 1 or both parties no longer reside in this State, as set forth in § 1504 of this title.
- provides that on July 1, 2013, section 101 was amended striking "between persons of the same gender" from the list of prohibitions; inserting an additional section 101 providing for recognition of out-of-state marriages and civil unions as marriages ; and inserting section 218 providing for the conversion of civil unions to marriages.
Florida
- - Article I. Declaration of rights:
- - Title XLIII. Domestic relations - Chapter 741. Marriage; Domestic violence.
No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person … unless one party is a male and the other party is a female.
Section 741.212. Marriages between persons of the same sex
Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.
The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state, territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection or a claim arising from such a marriage or relationship.
For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union.
Georgia
Texts:- . Article I Section IV:
This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.
No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship.
- - Title 19. Domestic Relations - Chapter 3. Marriage generally - Article 1. General Provisions
It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.
No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.
Hawaii
Texts:- , ' Section 23. The legislature shall have the power to reserve marriage to opposite-sex couples.
- Statutes, '
§572 -C Reliance on federal law. Any law of this State that refers to, adopts, or relies upon federal law shall apply to all marriages recognized under the laws of this State as if federal law recognized such marriages in the same manner as the laws of this State so that all marriages receive equal treatment.
"§572 - 1 Requisites of valid marriage contract. In order to make valid the marriage contract, which shall be permitted between two individuals without regard to gender, it shall be necessary that:
The respective parties do not stand in relation to each other of ancestor and descendant of any degree whatsoever, two siblings of the half as well as to the whole blood, uncle and niece, uncle and nephew, aunt and nephew, or aunt and niece, whether the relationship is the result of the issue of parents married or not married to each other or parents who are partners in a civil union or not partners in a civil union;
Each of the parties at the time of contracting the marriage is at least sixteen years of age; provided that with the written approval of the family court of the circuit within which the minor resides, it shall be lawful for a person under the age of sixteen years, but in no event under the age of fifteen years, to marry, subject to section 572-2;
Neither party has at the time any lawful wife, husband, or civil union partner living, except as provided in section 572-A;
Consent of neither party to the marriage has been obtained by force, duress, or fraud;
Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;
The parties to be married in the State shall have duly obtained a license for that purpose from the agent appointed to grant marriage licenses;
The marriage ceremony be performed in the State by a person or society with a valid license to solemnize marriages and the parties to be married and the person performing the marriage ceremony be all physically present at the same place and time for the marriage ceremony."
"§572 -3 Contracted without the State. Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State."
Idaho
Text:- - Article III. Legislative department - §28. Marriage
- - Title 32. Domestic relations - Chapter 2. Marriage; nature and validity of marriage contract
All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state.
Illinois
Texts:- 750 ILCS 5/201. Formalities.
Indiana
Texts:- - Title 31. Family law and juvenile law - Article 11. Family law: Marriage - Chapter 1. Who may marry
Only a female may marry a male. Only a male may marry a female.
A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.
Iowa
Texts:- - TITLE XV. Judicial Branch and judicial procedures - SUBTITLE 1. Domestic relations
CHAPTER 595 Marriage– 595.20. Foreign marriages — validity. A marriage which is solemnized in any other state, territory, country, or any foreign jurisdiction which is valid in that state, territory, country, or other foreign jurisdiction, is valid in this state if the parties meet the requirements for validity pursuant to section 595.2, subsection 1, and if the marriage would not otherwise be declared void.
Kansas
Texts:- , Article 15, Section 16
No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.
- Kansas Statute, . Nature of marriage relation.
- Kansas Statute . Validity of marriages contracted without state.
Kentucky
Texts:- , Section 233A
As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.
Section 402.020 Other prohibited marriages.
Marriage is prohibited and void: Between members of the same sex;
Section 402.040 Marriage in another state
If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.
A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.
Section 402.045 Same-sex marriage in another jurisdiction void and unenforceable.
A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.
Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.
Louisiana
Texts:- , Article XII, section 15. Defense of Marriage
Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.
Article 96. Civil effects of absolutely null marriage; putative marriage
§4. A purported marriage between parties of the same sex does not produce any civil effects.
Article 3520. Marriage
A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.
B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.
Maine
Texts:Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §650, as enacted by PL 1997, c. 65, §2, is repealed.
Sec. 2. 19-A MRSA §650-A is enacted to read:
§ 650-A. Codification of marriage
Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships, including, but not limited to, "spouse," "family," "marriage," "immediate family," "dependent," "next of kin," "bride," "groom," "husband," "wife," "widow" and "widower," must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law.
Sec. 3. 19-A MRSA §650-B is enacted to read:
§ 650-B. Recognition of marriage licensed and certified in another jurisdiction
A marriage of a same-sex couple that is validly licensed and certified in another jurisdiction is recognized for all purposes under the laws of this State.
Sec. 4. 19-A MRSA §651, sub-§2, as amended by PL 1997, c. 537, §12 and affected by §62, is further amended to read:
2. Application. The parties wishing to record notice of their intentions of marriage shall submit an application for recording notice of their intentions of marriage. The application may be issued to any 2 persons otherwise qualified under this chapter regardless of the sex of each person. The application must include a signed certification that the information recorded on the application is correct and that the applicant is free to marry according to the laws of this State. The applicant's signature must be acknowledged before an official authorized to take oaths. Applications recording notice of intentions to marry must be open for public inspection in the office of the clerk. When the application is submitted, the applicant shall provide the clerk with the social security numbers of the parties. The application must include a statement that the social security numbers of the parties have been provided to the clerk. The clerk shall record the social security numbers provided by each applicant. The record of the social security numbers is confidential and is not open for public inspection.
Sec. 5. 19-A MRSA §655, sub-§3 is enacted to read:
3. Affirmation of religious freedom. This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.
Maryland
- ..
Construction. — This section may not be construed to invalidate any other provision of this title.
In general. — Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State.
Marriages within certain degrees of relationship void; penalties
Any marriage performed in this State that is prohibited by this section is void.
An individual may not marry the individual's:
grandparent;
parent;
child;
sibling; or
grandchild.
An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $1,500.
An individual may not marry the individual's:
grandparent's spouse;
spouse's grandparent;
parent's sibling;
stepparent;
spouse's parent;
spouse's child;
child's spouse;
grandchild's spouse;
spouse's grandchild; or
sibling's child.
An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.
Massachusetts
| Ban declared unconstitutional? | Legalized by state? |
Michigan
Texts:- , Article I, Section 25
Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
551.271 Marriages solemnized in another state validated.
Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws.
This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.
551.272 Marriage not between man and woman invalidated.'
This state recognizes marriage as inherently a unique relationship between a man and a woman, as prescribed by section 1 of chapter 83 of the Revised Statutes of 1846, being section 551.1 of the Michigan Compiled Laws, and therefore a marriage that is not between a man and a woman is invalid in this state regardless of whether the marriage is contracted according to the laws of another jurisdiction.
Minnesota
Mississippi
Texts:- , Article 14, Section 263A
- § 93-1-1. Certain marriages declared incestuous and void.
Missouri
Texts:- , Article I Bill of Rights
That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.
- - Chapter 451. Marriage, Marriage Contracts, and Rights of Married Women
1. It is the public policy of this state to recognize marriage only between a man and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex will not be recognized for any purpose in this state even when valid where contracted.
Montana
Texts:- - Article XIII. General Provisions
- - Title 40. Family law - Chapter 1. Marriage
Marriage is a personal relationship between a man and a woman arising out of a civil contract to which the consent of the parties is essential.
Section 40-1-401. Prohibited marriages– contracts.
The following marriages are prohibited:... a marriage between persons of the same sex.
Nebraska
Texts:Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.
Nevada
Texts:- - Article I. Declaration of Rights.
Only a marriage between a male and female person shall be recognized and given effect in this state.
New Hampshire
Text:457:2 Marriages Prohibited. – No person shall marry his or her father, mother, father's brother, father's sister, mother's brother, mother's sister, son, daughter, brother, sister, son's son, son's daughter, daughter's son, daughter's daughter, brother's son, brother's daughter, sister's son, sister's daughter, father's brother's son, father's brother's daughter, mother's brother's son, mother's brother's daughter, father's sister's son, father's sister's daughter, mother's sister's son, or mother's sister's daughter. No person shall be allowed to be married to more than one person at any given time.
Source. RS 147:2. CS 156:2. GS 161:2. 1869, 9:2. GL 180:2. PS 174:2. PL 286:2. RL 338:2. RSA 457:2. 1965, 46:1. 1987, 218:2, eff. July 17, 1987. 2009, 59:1, eff. January 1, 2010.
457:1 Purpose and Intent. – The purpose of this chapter is to affirm the right of 2 individuals desiring to marry and who otherwise meet the eligibility requirements of this chapter to have their marriage solemnized in a religious or civil ceremony in accordance with the provisions of this chapter.
Source. RS 147:1. CS 156:1. GS 161:1. 1869, 9:1. GL 180:1. PS 174:1. PL 286:1. RL 338:1. RSA 457:1. 1987, 218:1, eff. July 17, 1987. 2009, 59:1, eff. January 1, 2010.
457:3 Recognition of Out-of-State Marriages. – Every marriage legally contracted outside the state of New Hampshire, which would not be prohibited under RSA 457:2 if contracted in New Hampshire, shall be recognized as valid in this state for all purposes if or once the contracting parties are or become permanent residents of this state subsequent to such marriage, and the issue of any such marriage shall be legitimate. Marriages legally contracted outside the state of New Hampshire which would be prohibited under RSA 457:2 if contracted in New Hampshire shall not be legally recognized in this state. Any marriage of New Hampshire residents recognized as valid in the state prior to the effective date of this section shall continue to be recognized as valid on or after the effective date of this section.
Source. RS 147:3. CS 156:3. GS 161:3. GL 180:3. PS 174:3. PL 286:3. RL 338:3. RSA 457:3. 1965, 252:1. 1973, 145:6. 2004, 100:1, eff. May 14, 2004. 2009, 59:1, eff. January 1, 2010.
457:4 Marriageable. – No person below the age of 16 years shall be capable of contracting a valid marriage, and all marriages contracted by such persons shall be null and void.
Source. 1907, 80:1. PL 286:4. RL 338:4. 2009, 59:2, eff. Jan. 1, 2010. 2018, 272:1, eff. Jan. 1, 2019.
457:46 Obtaining Legal Status of Marriage. –
Source. 2009, 59:5, eff. January 1, 2010; 61:3, eff. January 1, 2010 at 12:02 a.m.
New Jersey
| Ban declared unconstitutional? | Legalized by state? |
New Mexico
- §40-1-4..
New York
1. A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex.
2. No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage, whether deriving from statute, administrative or court rule, public policy, common law or any other source of law, shall differ based on the parties to the marriage being or having been of the same sex rather than a different sex. When necessary to implement the rights and responsibilities of spouses under the law, all gender-specific language or terms shall be construed in a gender-neutral manner in all such sources of law.
North Carolina
Texts:- - ARTICLE XIV MISCELLANEOUS
- - Chapter 51. Marriages - Article 1. General Provisions
A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:...
Section 51-1.2. Marriages between persons of the same gender not valid.
Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.
North Dakota
Texts:- Article XI. General provisions.
- - Title 14 Domestic Relations and Persons
Section 14-03-08. Foreign marriages recognized - Exception. Except when residents of this state contract a marriage in another state which is prohibited under the laws of this state, all marriages contracted outside this state, which are valid according to the laws of the state or country where contracted, are valid in this state. This section applies only to a marriage contracted in another state or country which is between one man and one woman as husband and wife.
Ohio
Texts:- - Article XV. Miscellaneous - section 11 Marriage Amendment
- - Title XXXI Domestic Relations - Children
... A marriage may only be entered into by one man and one woman....
...
Any marriage between persons of the same sex is against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.
Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division of this section shall be construed to do either of the following:
Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;
Affect the validity of private agreements that are otherwise valid under the laws of this state.
Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
Oklahoma
Texts:- - Article 2 Bill of rights - Section 35
B. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.
- - Title 43. Marriage and Family
Oregon
Texts:- - Article XV Miscellaneous
Pennsylvania
Texts:- - Title 23 Domestic Relations - Chapter 17. Miscellaneous provisions relating to marriage
It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.
Rhode Island
Any person who otherwise meets the eligibility requirements of chapters 15-1 and 15-2 may marry any other eligible person regardless of gender.
South Carolina
Texts:- Article XVII Miscellaneous Matters, Section 15
- - Title 20. Domestic Relations - Chapter 1. Marriage
All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or another man.
No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or another woman.
SECTION 20-1-15. Prohibition of same sex marriage.
A marriage between persons of the same sex is void ab initio and against the public policy of this State.
South Dakota
Texts:- - Article XXI Miscellaneous; Section 9. Marriage
- - Title 25. Domestic relations - Chapter 01. Validity And Performance Of Marriages
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
25-1-38. Validity of marriages contracted outside state—Same-sex marriages excluded.
Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.
Tennessee
Texts:- - Article XI. MISCELLANEOUS PROVISIONS
The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one man and one woman, is contrary to the public policy of this state and shall be void and unenforceable in Tennessee. If another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited in this state by the provisions of this section, then the marriage shall be void and unenforceable in this state.
- - Title 36. Domestic Relations - Chapter 3. Marriage - Part 1. License
Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
The legal union in matrimony of only one man and one woman shall be the only recognized marriage in this state.
Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one man and one woman is contrary to the public policy of Tennessee.
If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.
Texas
Texts:- - Article 1. Bill of Rights - Section 32 - Marriage
This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.
- - TITLE 1. The marriage relationship
A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
A license may not be issued for the marriage of persons of the same sex.
Chapter 6. Suit for dissolution of marriage - Section 6.204. Recognition of same-sex marriage of union.
- In this section, "civil union" means any relationship status other than marriage that:
- * is intended as an alternative to marriage or applies primarily to cohabitating persons; and
- * grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.
- A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.
- The state or an agency or political subdivision of the state may not give effect to a:
- * public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or
- * right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.
Utah
- - Article 01. Declaration of Rights
Marriage consists only of the legal union between a man and a woman.
No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
- - Title 30. Husband and Wife - Chapter 01. Marriage
It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.
Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married.
Nothing in Subsection impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.
Vermont
Texts:- Title 15. Domestic Relations - Chapter 1. Civil Marriage
Marriage is the legally recognized union of two people. When used in this chapter or in any other statute, the word "marriage" shall mean a civil marriage. Terms relating to the marital relationship or familial relationships shall be construed consistently with this section for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law.
Virginia
Texts:- - Article I. Bill of Rights - Section 15-A. Marriage.
Commonwealth and its political subdivisions.
This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.
Washington
Texts:- - Title 26. Domestic relations - Chapter 04. Marriage
Marriage is a civil contract between two persons who have each attained the age of eighteen years, and who are otherwise capable.
Where necessary to implement the rights and responsibilities of spouses under the law, gender specific terms such as husband and wife used in any statute, rule, or other law must be construed to be gender neutral and applicable to spouses of the same sex.
West Virginia
Texts:- - Chapter 48. Domestic relations - Article 2. Marriage
A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of the other state, territory, possession, or tribe, or a right or claim arising from such relationship, shall not be given effect by this state.
Wisconsin
Texts:- - Article XIII. Miscellaneous provisions
- - Chapter 765. The Family Code
765.01 A civil contract.
Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.
765.04 Marriage abroad to circumvent the laws.
If any person residing and intending to continue to reside in this state who is disabled or prohibited from contracting marriage under the laws of this state goes into another state or country and there contracts a marriage prohibited or declared void under the laws of this state, such marriage shall be void for all purposes in this state with the same effect as though it had been entered into in this state.
765.30 Penalties.
Wyoming
Texts:- - Title 20. Domestic relations - Chapter 1. Husband and wife - Article 1. Creation of marriage
Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential.
20-1-111. Foreign marriages. All marriage contracts which are valid by the laws of the country in which contracted are valid in this state.