Same Sex Marriage License Laws

United States

NOTES:

The information in this article was accurate when it was published. It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans. Please notify us of any oversights or errors.

A

• Alabama: According to Section 30-1-19 aka The Alabama Marriage Protection Act, "A marriage contracted between individuals of the same sex is invalid in this state ... The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued."
• Alaska: Has official registry for same-sex couples, DOMA enacted into state law, and a constitutional amendment banning same-sex marriage.
• Arizona: Has law (DOMA) banning same-sex marriages.
• Arkansas: Has law banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

B

C

• California: Has official registry for same-sex couples and law banning same-sex marriage. Although on 5/15/08 the California Supreme Court ruled that "the right to marry in California extends equally to all, gay and straight alike," Proposition 8 banning gay marriage was approved by voters in November 2008.
  Source: Bob Egelko, "State's top court strikes down marriage ban", SFGate.com, 5/16/08.
• Colorado: Has law (DOMA) banning same-sex marriages.
• Connecticut: Same-sex marriages became legal in Connecticut in November 2008.

D

• Delaware: Has law (DOMA) banning same-sex marriages.
• District of Columbia: Has official registry for same-sex couples and recognizes gay marriages performed in other states. Note: The DC ruling must be reviewed by Congress before it can become law.

E

F

• Florida: Has law (DOMA) banning same-sex marriages.

G

• Georgia: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

H

• Hawaii: Has constitutional law banning same-sex marriages. Also has domestic-partnership laws that provide certain legal rights to gay relationships.

I

• Idaho: Has law (DOMA) banning same-sex marriages.
• Illinois: Has law (DOMA) banning same-sex marriages.
• Indiana: Has law (DOMA) banning same-sex marriages.
• Iowa: Yes, effective April 24, 2009.

J

K

• Kansas: Has law (DOMA) banning same-sex marriages.
• Kentucky: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

L

• Louisiana: Has both a state law (DOMA) and a constitutional amendment banning same-sex marriages.

M

• Maine: Has law (DOMA) banning same-sex marriages but also offers some legal protection to couples registered as domestic partners.
• Maryland: Maryland has a 33-year-old state law defining marriage as a union between a man and woman. It was upheld by the Maryland Court of appeals in September 2007. Read more
• Massachusetts: Has court ruling that strikes down any ban on same-sex marriages.
• Michigan: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.
• Minnesota: Has law (DOMA) banning same-sex marriages.
• Mississippi: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.
• Missouri: Has both a law (DOMA) and a constitutional amendment banning same-sex marriages.
• Montana: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment defining marriage as the union of a man and a woman.

N

• Nebraska: Has constitutional law (DOMA) banning same-sex marriages.
• Nevada: Has constitutional law (DOMA) banning same-sex marriages.
• New Hampshire: Has law banning same-sex marriages. Effective January 1, 2008, same-sex civil unions will be allowed in New Hampshire.
• New Jersey: Does not have law banning same-sex marriages. Same-sex civil unions are allowed in New Jersey.
• New Mexico: Does not have law banning same-sex marriages.
• New York: Does not have law banning same-sex marriages.
• North Carolina: Has law (DOMA) banning same-sex marriages.
• North Dakota: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

O

• Ohio: Has law (DOMA) banning same-sex marriages, and and in November, 2004, passed a constitutional amendment defining marriage as a union between one man and one woman.
• Oklahoma: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.
• Oregon: In November, 2004, voters passed Measure 36 defining marriage as between one man and one woman. This puts the marriages in Multnomah County of 2,961 gay couples into limbo. In the past, the court had issued requirements that gay-marriage licenses be registered.
As of January 1, 2008, residents of Oregon can register for domestic partnerships and receive all the rights, benefits, privileges and immunities that are given to married couples in Oregon.
Oregon Domestic Partnership Information

P

• Pennsylvania: Has law (DOMA) banning same-sex marriages.

Q

R

• Rhode Island: Does not have law banning same-sex marriages.

S

• South Carolina: Has law (DOMA) banning same-sex marriages.
• South Dakota: Has law (DOMA) banning same-sex marriages.

T

• Tennessee: Has law (DOMA) banning same-sex marriages.
• Texas: Has law (DOMA) banning same-sex marriages.

U

• Utah: Has law (DOMA) banning same-sex marriages, and in November, 2004, passed a constitutional amendment banning same-sex marriage.

V

• Vermont: Has law that legalizes and recognizes same-sex civil unions. Effective September 1, 2009, same-sex marriages will be legal in Vermont.
• Virginia: Has law (DOMA) banning same-sex marriages.

W

• Washington: Has law (DOMA) banning same-sex marriages, but does give gay couples some rights normally given to married couples.
• West Virginia: Has law (DOMA) banning same-sex marriages.
• Wisconsin: Has law banning same-sex marriages.
• Wyoming: Has law banning same-sex marriages.

X

Y

Z