The US Senate is set to consider a constitutional amendment which would define marriage as a legal state conferred only on heterosexuals.
Currently, 39 states have laws modeled after the federal Defense of Marriage Act.
| State |
Legal Status |
Amendment |
| Alabama |
Federal Defense of Marriage Act (DOMA) adopted as state law |
No |
| Alaska |
State constitutional
amendment to ban gay marriage modeled on DOMA; favorable
Court ruling. |
Yes |
| Arkansas |
Constitutional amendment to ban gay marriage, civil unions, and partnership benefits; this was a citizen initiative. |
Yes |
| Arizona |
On 2006 ballot: a constitutional amendment to ban gay marriage, civil unions, and partnership benefits; this is a citizen initiative. |
No |
| California |
State law banning same-sex marriage on appeal to State Supreme Court. |
No |
| Colorado |
Federal DOMA adopted as state law |
No |
| Connecticut |
Civil unions put into law in 2005. |
No |
| Delaware |
Federal DOMA adopted as state law |
No |
| Florida |
Federal DOMA adopted as state law |
No |
| Georgia |
Constitutional amendment to ban gay marriage, civil unions, and partnership benefits; this was a legislative initiative |
Yes |
| Hawaii |
State constitutional amendment; legislature also approved DOMA, but state
also provides some benefits to same-sex partners |
Yes |
| Idaho |
Federal DOMA adopted as state law |
No |
| Illinois |
Federal DOMA adopted as state law |
No |
| Indiana |
Federal DOMA adopted as state law |
No |
| Iowa |
Federal DOMA adopted as state law |
No |
| Kansas |
Federal DOMA adopted as constitutional amendment |
Yes |
| Kentucky |
Constitutional amendment to ban gay marriage, civil unions, and partnership benefits; this was a legislative initiative |
Yes |
| Louisiana |
Federal DOMA adopted as state law and constitutional amendment |
Yes |
| Maine |
Federal DOMA adopted as state law |
No |
| Maryland |
In 1973, became the first state to define marriage
as being between a man and a woman |
No |
| Massachusetts |
Same-sex marriage upheld by State Supreme Court in
November 2003; marriage amendment proposed. |
No |
| Michigan |
Constitutional amendment to ban gay marriage, civil unions, and partnership benefits |
Yes |
| Minnesota |
Federal DOMA adopted as state law |
No |
| Mississippi |
Constitutional amendment to ban gay marriage; this
was a legislative initiative |
Yes |
| Missouri |
Federal DOMA written into constitution 3 August 2004 |
Yes |
| Montana |
Constitutional amendment to ban gay marriage |
Yes |
| Nebraska |
Federal DOMA adopted as constitutional amendment. |
Yes |
| Nevada |
Federal DOMA adopted as constitutional amendment. |
Yes |
| New Hampshire |
State law predates DOMA |
No |
| New Jersey |
State law provides for domestic partner registry |
No |
| New Mexico |
No legislative public policy - 2004 Attorney General ruing defines marriage as being heterosexual. |
No |
| New York |
No legislative public policy |
No |
| North Carolina |
Federal DOMA adopted as state law |
No |
| North Dakota |
Constitutional amendment amendment to ban gay marriage, civil unions, and partnership benefits; this was a citizen initiative |
Yes |
| Ohio |
Constitutional amendment amendment to ban gay marriage, civil unions, and partnership benefits; this was a citizen initiative
In Cincinnati, voter's repealed a 1993 ban on laws supporting gay rights;
it was the only city in the nation with that type of law. |
Yes |
| Oklahoma |
Constitutional amendment amendment to ban gay marriage, civil unions, and partnership benefits; this was a legislative initiative |
Yes |
| Oregon |
Constitutional amendment to ban gay marriage;
this was a citizen initiative |
Yes |
| Pennsylvania |
Federal DOMA adopted as state law |
No |
| Rhode Island |
No legislative public policy |
No |
| South Carolina |
Federal DOMA adopted as state law. |
No |
| South Dakota |
Federal DOMA adopted as state law. |
No |
| Tennessee |
Federal DOMA adopted as state law; state constitutional
amendment on track to be ratified by voters in 2006. |
No |
| Texas |
Federal DOMA adopted as state law; voters approved constitutional amendment in 2005. |
Yes |
| Utah |
Voters have ratified state constitutional amendment to ban gay marriage, civil unions, and partnership benefits; this was a legislative initiative. |
Yes |
| Vermont |
High court allowed the Legislature to ban same-sex marriage as long as it provided for civil unions; 2000 |
No |
| Virginia |
Federal DOMA adopted as state law |
No |
| Washington |
Marriage is a civil contract between a male and a female who have each attained the age of eighteen years. Two legal challenges. |
No |
| West Virginia |
Federal DOMA adopted as state law. |
No |
| Wisconsin |
No DOMA but courts have ruled marriage can only
occur between a man and a woman. Constitutional Amendment pending. |
No |
| Wyoming |
State law prohibiting same-sex marriage pre-dates DOMA. "Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential." |
No |
