State Laws and Constitutional Amendments Targeting Same-Sex Relationships

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Date

Date: 
06/03/2013

Alabama

Constitutional Law:

AL CONST 2005-35 (Approved 2006)

(a) This amendment shall be known and may be cited as the Sanctity of Marriage Amendment.

(b) 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 this 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.

(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.

(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.

(e) 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.

(f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.

(g) A union replicating marriage of or between persons of the same sex in the State of Alabama or 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 as a marriage or other union replicating marriage.

Statutory Law:

AL ST § 30-1-19 (Approved 1998)

(a) This section shall be known and may be cited as the "Alabama Marriage Protection Act."

(b) 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 the 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.

(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.

(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.

(e) 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

Constitutional Law:

AK CONST Art. 1, § 25 (Approved 1998)

To be valid or recognized in this State, a marriage may exist only between one man and one woman.

Statutory Law:

AK ST § 25.05.011

(a) Marriage is a civil contract entered into by one man and one woman that requires both a license and solemnization.

AK ST § 25.05.013

(a) 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.

(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.

Arizona

Constitutional Law:

AZ CONST. Art. 30 § 1 (Proposition 102, Approved 2008)

Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

Statutory Law:

AZ ST § 25-101

C. Marriage between persons of the same sex is void and prohibited.

AZ ST § 25-112

A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by § 25-101.

B. Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by § 25-101.

C. Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.

Arkansas

Constitutional Law:

AR CONST Amend. 83, § 1 (Approved 2004)

Marriage consists only of the union of one man and one woman.

AR CONST Amend. 83, § 2

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.

AR CONST Amend. 83, § 3

The Legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.

Statutory Law:

AR ST § 9-11-107

(a) 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.

(b) This section shall not apply to a marriage between persons of the same sex.

AR ST § 9-11-109

Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.

AR ST § 9-11-208

(b) 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.

(c) 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.

(d) However, nothing in this section shall prevent an employer from extending benefits to persons who are domestic partners of employees.

California

Constitutional Law:

CA CONST. Art. I, Section 7.5 (Proposition 8, Approved 2008)

Only marriage between a man and a woman is valid or recognized in California.

Statutory Law:

CA FAM § 300

Marriage is a personal relation arising out of a civil contract between a man and a woman…

CA FAM § 308.5

Only marriage between a man and a woman is valid or recognized in California.

Colorado

Constitutional Law:

CO CONST Art. 2, § 31 (Approved 2006)

Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

Statutory Law:

CO ST § 14-2-104

(1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if:

(a) It is licensed, solemnized, and registered as provided in this part 1; and

(b) It is only between one man and one woman.

(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.

Florida

Constitutional Law:

FL CONST Art. 1 § 27 (Proposition 2, Approved 2008)

Marriage defined.—Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

Statutory Law:

FL ST § 741.04

(1) 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.

FL ST § 741.212

(1) 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.

(2) 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 (1) or a claim arising from such a marriage or relationship.

(3) 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

Constitutional Law:

GA CONST Art. 1, § 4, P I (Approved 2004)

(a) 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.

(b) 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.

Statutory Law:

GA ST § 19-3-3.1

(a) 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.

(b) 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

Constitutional Law:

HI CONST Art. 1, § 23

The legislature shall have the power to reserve marriage to opposite-sex couples.

Statutory Law:

HI ST § 572-1 [T]he marriage contract…shall be only between a man and a woman…

HI ST § 572-1.5 Whenever used in the statutes or other laws of Hawaii, ‘marriage’ means the union licensed under section 572-1.

HI ST § 572-1.6 Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization of same-sex relationships by religious organizations; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii.

Idaho

Constitutional Law:

ID CONST Art. III, § 28 (Approved 2006)

A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.

Statutory Law:

ID ST § 32-201

(1) Marriage is a personal relation arising out of a civil contract between a man and a woman…

ID ST § 32-209

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

Statutory Law:

IL ST CH 750 § 5/201

A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State.

IL ST CH 750 § 5/212

(a) The following marriages are prohibited:

(5) a marriage between 2 individuals of the same sex.

IL ST CH 750 § 5/213.1

A marriage between 2 individuals of the same sex is contrary to the public policy of this State.

Indiana

Statutory Law:

IN ST 31-11-1-1

(a) Only a female may marry a male. Only a male may marry a female.

(b) 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.

Kansas

Constitutional Law:

KS CONST Art. 15, § 16 (Approved 2005)

(a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.

(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.

Statutory Law:

KS ST § 23-101

(a) The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law.

KS ST § 23-115

It is the strong public policy of this state only to recognize as valid marriages from other states that are between a man and a woman.

Kentucky

Constitutional Law:

KY Const § 233A (Approved 2004)

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.

Statutory Law:

KY ST § 402.005

As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) 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.

KY ST § 402.020

(1) Marriage is prohibited and void:

(d) Between members of the same sex

KY ST § 402.040

(2) 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.

KY ST § 402.045

(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.

(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.

Louisiana

Constitutional Law:

LA CONST Art. 12, § 15 (Approved 2004)

Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.

Statutory Law:

LA C.C. Art. 86

Marriage is a legal relationship between a man and a woman

LA C.C. Art. 89

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.

LA C.C. Art. 96

A purported marriage between parties of the same sex does not produce any civil effects.

LA C.C. Art. 3520

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.

Michigan

Constitutional Law:

MI CONST Art. 1, § 25 (Approved 2004)

To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

Statutory Law:

MI ST 551.1

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.

MI ST 551.2

So far as its validity in law is concerned, marriage is a civil contract between a man and a woman…

MI ST 551.271

 (1) 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 .

(2) 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.

MI ST 551.272

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.

Mississippi

Constitutional Law:

MS CONST Art. 14, § 263A (Approved 2004)

Marriage may take place and may be valid under the laws of this state only between a man and a woman. A marriage in another state or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this state and is void and unenforceable under the laws of this state.

Statutory Law:

MS ST § 93-1-1

(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.

MS ST § 93-1-3

Any attempt to evade section 93-1-1 by marrying out of this state and returning to it shall be within the prohibitions of said section.

Missouri

Constitutional Law:

MO CONST Art. 1, § 33 (Approved 2004)

That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.

Statutory Law:

MO ST 451.022

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

Constitutional Law:

MT CONST Art. 13, § 7 (Approved 2004)

Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.

Statutory Law:

MT ST 40-1-103

Marriage is a personal relationship between a man and a woman…

MT ST 40-1-401

 (1) The following marriages are prohibited:

(d) a marriage between persons of the same sex.

(4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.

Nebraska

Constitutional Law:

NE CONST Art. I, § 29 (Approved 2000)

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

Constitutional Law:

NV CONST Art. 1, § 21 (Approved 2000 and 2002)

Only a marriage between a male and female person shall be recognized and given effect in this state.

New Mexico

Statutory Law:

NM ST § 40-1-1

Marriage is contemplated by the law as a civil contract, for which the consent of the contracting parties, capable in law of contracting, is essential.

NM ST § 40-1-10

Each couple desiring to marry in New Mexico shall obtain a license from a county clerk and file the same for recording in the county issuing the license, following the marriage ceremony. Except as provided in Section 40-1-6 NMSA 1978, a county clerk shall issue no license for the marriage of any person under the age of majority without the consent of his parent or guardian. It shall be the duty of each county clerk to require the affidavit of at least two reliable persons who are acquainted with the age of the applicant for license, as to the age of whom a county clerk may be in doubt, and the failure of any county clerk to perform his duty under this section shall be grounds for the removal of the county clerk from office, in the manner provided for the removal from office of county officers for misfeasance or malfeasance in office.

Letter from Patricia A. Madrid, Attorney General, State of New Mexico, to Senator Timothy Z. Jennings (Feb. 20, 2004), available at: http://www.ago.state.nm.us/divs/civil/opinions/a2004/SameSexMarriages.htm.

New Mexico statutes, as they currently exist, contemplate that marriage will be between a man and a woman. The New Mexico legislature has adopted a marriage application form that requires a male applicant and a female applicant. See NMSA 1978, Section 40-1-18. The rights of married persons are set forth as applicable to a husband and a wife. See NMSA 1978, Sections 40-2-1 through 40-2-9. The property rights of married persons are expressed as existing between a husband and a wife. See NMSA 1978, Sections 40-3-1 through 40-3-17. The evidentiary privilege between spouses, as established by the New Mexico Supreme Court, is limited to communications that occur while the parties are husband and wife. See Rule 11-505 (B) NMRA. The generally accepted definition of “Husband” is a married man. Black’s Law Dictionary, Sixth Edition. “Wife” is defined as a woman united to a man by marriage. Id. Thus, it appears that the present policy of New Mexico is to limit marriage to a man and a woman.

Thus, in my judgment, no county clerk should issue a marriage license to same sex couples because those licenses would be invalid under current law.

North Carolina

Constitutional Law:

A state constitutional amendment was voted into effect on May 8, 2012, banning same-sex unions and defining marriage between a man and a woman as the only valid "domestic legal union" in the state.

Statutory Law:

NC ST § 51-1

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…

NC ST § 51-1.2

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

Constitutional Law:

ND CONST Art. 11, § 28 (Approved 2004)

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.

Statutory Law:

ND ST 14-03-01

Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife.

ND ST 14-03-08

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

Constitutional Law:

OH CONST Art. XV, § 11 (Approved 2004)

Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state 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 effect of marriage.

Statutory Law:

OH ST § 3101.01

(A) … A marriage may only be entered into by one man and one woman. …

(C)

(1) 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.

(2) 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.

(3) 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 (C)(3) of this section shall be construed to do either of the following:

(a) 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;

(b) Affect the validity of private agreements that are otherwise valid under the laws of this state.

(4) 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

Constitutional Law:

OK CONST Art. 2, § 35 (Approved 2004)

A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.

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.

Statutory Law:

OK ST T. 43 § 3

A. Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex.

OK ST T. 43 § 3.1

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.

Oregon

Constitutional Law:

OR CONST Art. XV, § 5a (Approved 2004)

It is the policy of Oregon, and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage.

Statutory Law:

OR ST § 106.010 Marriage as civil contract; age of parties. Marriage is a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150.

OR ST § 106.300 to 106.340 DOMESTIC PARTNERSHIP

May be cited as the Oregon Family Fairness Act

OR ST § 106.310 (1) “Domestic partnership” means a civil contract described in ORS 106.300 to 106.340 entered into in person between two individuals of the same sex who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.

OR ST § 106.340 Certain privileges, immunities, rights, benefits and responsibilities granted or imposed. (1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is granted on equivalent terms, substantive and procedural, to an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

(2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is imposed on equivalent terms, substantive and procedural, on an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

(3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a partner with respect to a child of either of the partners.

(4) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a former or surviving spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a former or surviving partner with respect to a child of either of the partners.

(8) For purposes of administering Oregon tax laws, partners in a domestic partnership, surviving partners in a domestic partnership and the children of partners in a domestic partnership have the same privileges, immunities, rights, benefits and responsibilities as are granted to or imposed on spouses in a marriage, surviving spouses and their children.

Pennsylvania

Statutory Law:

PA ST 23 Pa.C.S.A. § 1704

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

South Carolina

Constitutional Law: (Approved 2006)

SC CONST Art. XVII, § 15

Lawful domestic unions recognizable in State; domestic unions created in another jurisdiction.

A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.

Statutory Law:

SC ST § 20-1-15

A marriage between persons of the same sex is void ab initio and against the public policy of this State.

South Dakota

Constitutional Law: (Approved 2006)

SD CONST Art. 21, § 9

Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.

Statutory Law:

SD ST § 25-1-1

Marriage is a personal relation, between a man and a woman…

SD ST § 25-1-38

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

Constitutional Law: (Approved 2006)

TN CONST Art. 11, § 18

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.

Statutory Law:

TN ST § 36-3-113

(a) 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 (1) man and one (1) 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.

(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.

(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.

(d) 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

Constitutional Law:

TX CONST Art. 1, § 32

(a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

Statutory Law:

TX FAMILY § 2.001

(a) 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.

(b) A license may not be issued for the marriage of persons of the same sex.

TX FAMILY § 6.204

 (a) In this section, "civil union" means any relationship status other than marriage that:

(1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and

(2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.

(b) 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.

(c) The state or an agency or political subdivision of the state may not give effect to a:

(1) 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

(2) 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

Constitutional Law: (Approved 2004)

UT CONST Art. 1, § 29

(1) Marriage consists only of the legal union between a man and a woman.

(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

Statutory Law:

UT ST § 30-1-2

The following marriages are prohibited and declared void:

(5) between persons of the same sex.

UT ST § 30-1-4.1

(1)

(a) 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.

(b) 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.

(2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.

Virginia

Constitutional Law: (Approved 2006)

VA CONST Art. 1, § 15-A

That only a union between one man and one woman may be a marriage valid in or recognized by this 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.

Statutory Law:

VA ST § 20-45.2

A marriage between persons of the same sex is prohibited. Any marriage entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created by such marriage shall be void and unenforceable.

VA ST § 20-45.3

A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.

Washington

Statutory Law:

Same-sex marriage allowed. February 13, 2012, Washington Governor Christine Gregoire signed a same-sex marriage bill that had been passed by both houses of the state legislature. Voters approved the legislation in a referendum held on November 6, 2012. The law took effect on December 6 and the first marriages were celebrated on December 9, 2012.

West Virginia

Statutory Law:

WV ST § 48-2-603

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

Constitutional Law: (Approved 2006)

WI CONST Art. 13, § 13

Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.

Statutory Law:

WI ST 765.001

(2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family… Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support.…

WI ST 765.01

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.

WI ST 765.04

(1) 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.

WI ST 765.30

(1) The following may be fined not more than $10,000 or imprisoned for not more than 9 months or both:

(a) Penalty for marriage outside the state to circumvent the laws. Any person residing and intending to continue to reside in this state who goes outside the state and there contracts a marriage prohibited or declared void under the laws of this state.

Wyoming

Statutory Law:

WY ST § 20-1-101

Marriage is a civil contract between a male and a female person…