Same-sex marriage law in the United States by state
This article summarizes the same-sex marriage laws of states and similar jurisdictions 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 jurisdictions. Same-sex marriages are currently licensed and recognized in all U.S. states, territories, and the District of Columbia, excepting the aforementioned American Samoa and some Native American tribal jurisdictions.
Contents
- 1 States
- 1.1 Alabama
- 1.2 Alaska
- 1.3 Arizona
- 1.4 Arkansas
- 1.5 California
- 1.6 Colorado
- 1.7 Connecticut
- 1.8 Delaware
- 1.9 Florida
- 1.10 Georgia
- 1.11 Hawaii
- 1.12 Idaho
- 1.13 Illinois
- 1.14 Indiana
- 1.15 Iowa
- 1.16 Kansas
- 1.17 Kentucky
- 1.18 Louisiana
- 1.19 Maine
- 1.20 Maryland
- 1.21 Massachusetts
- 1.22 Michigan
- 1.23 Minnesota
- 1.24 Mississippi
- 1.25 Missouri
- 1.26 Montana
- 1.27 Nebraska
- 1.28 Nevada
- 1.29 New Hampshire
- 1.30 New Jersey
- 1.31 New Mexico
- 1.32 New York
- 1.33 North Carolina
- 1.34 North Dakota
- 1.35 Ohio
- 1.36 Oklahoma
- 1.37 Oregon
- 1.38 Pennsylvania
- 1.39 Rhode Island
- 1.40 South Carolina
- 1.41 South Dakota
- 1.42 Tennessee
- 1.43 Texas
- 1.44 Utah
- 1.45 Vermont
- 1.46 Virginia
- 1.47 Washington
- 1.48 West Virginia
- 1.49 Wisconsin
- 1.50 Wyoming
- 2 Other U.S. jurisdictions
- 3 See also
- 4 References
- 5 External links
States
Alabama
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Texts:
ALABAMA CONSTITUTION - Amendment 774. Sanctity of Marriage Amendment (=Ref.1, cited as the approves of Marriage Amendment)
& ALABAMA CODE - Title 30. Marital and domestic relations - Chapter 1. Marriage.
§ 30-1-19. Marriage, recognition thereof, between persons of the same sex prohibited.(=Ref.2, cited as the "Alabama Marriage Protection Act")
- Ref.1 (b) & Ref.2 (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.
- Ref.1 (c) & Ref.2 (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.
- Ref.1 (d) & Ref.2 (d)
No marriage license shall be issued in the State of Alabama to parties of the same sex.
- Ref.1 (e) & Ref.2 (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.
- Ref.1 (f)
The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
- Ref.1 (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.
Alaska
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Texts:
- ALASKA CONSTITUTION - Article I. Declaration of Rights - §25. Marriage :
To be valid or recognized in this State, a marriage may exist only between one man and one woman.
- ALASKA STATUTES - Section 25. Marital and domestic relations - Chapter 25.05. Alaska marriage code
Section 25.05.013. Same-sex marriage:
(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
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Texts:
- ARIZONA CONSTITUTION - ARTICLE XXX. MARRIAGE:
1. Marriage
Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
- ARIZONA REVISED STATUTES - Title 25 - Marital and Domestic Relations
§ 25-101 Void and prohibited marriages
... C. A marriage between persons of the same sex is void and prohibited.
Arkansas
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Texts:
- Arkansas Constitution Amendment 83:
Section 1. Marriage. Marriage consists only of the union of one man and one woman.
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.
- Arkansas Code Annotated - Title 9. Family law - subtitle 2. Domestic relations - chapter 11. Marriage (law passed 1997)
- Subchapter 1. General Provisions.
Section 9-11-107. Same sex marriage void
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
(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.
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- Subchapter 2. License and Ceremony.
Section 9-11-208. License not issued to persons under age or to persons of the same sex.
(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.
California
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Texts:
- California Constitution - Article I. Declaration of rights.
Section 7.5. - Only marriage between a man and a woman is valid or recognized in California.
- [1] - Division 3. Marriage - Part 1. Validity of Marriage
(a) Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).
Colorado
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Texts:
- COLORADO CONSTITUTION, Art. II, §31:
Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
(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.
Connecticut
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Texts:
A marriage between two persons entered into in this state and recognized as valid in this state may be recognized as a marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, in another state or jurisdiction if one or both persons travel to or reside in such other state or jurisdiction.
Delaware
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Texts:
- Delaware Statutes title 13, section 101 (a) & (d)
(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew or first cousin.
(d) A marriage obtained or recognized outside the state between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the state.
§ 101. Void and voidable marriages.
(a) 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.
(b) 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:
(1)-(5) [Repealed.]
(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) 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;
(7) 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.
(c) [Repealed.]
(d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State.
(e) 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 (whether designated as a civil union, a domestic partnership or another relationship) 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 (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) if:
(1) Such legal union was validly entered into in such other jurisdiction;
(2) Such legal union would not be prohibited as a marriage by reason of subsection (a) of this section; and
(3) 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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 (including presumptions of parentage, paternity and maternity in Chapter 8 of this title) of different-gender married spouses with respect to a child of whom either spouse becomes the parent during their marriage.
(e) 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 (d) 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.
(f) 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.
- House Bill 75 provides (in part) that on July 1, 2013, section 101(a) was amended striking "between persons of the same gender" from the list of prohibitions; inserting an additional section 101 (e) providing for recognition of out-of-state marriages and civil unions as marriages (except those under the remaining section 101 (a) prohibitions); and inserting section 218 providing for the conversion of civil unions to marriages.
Florida
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Texts:
- Florida Constitution - Article I. Declaration of rights:
Section 27. 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.
- Florida Statutes Annotated - Title XLIII. Domestic relations - Chapter 741. Marriage; Domestic violence.
Section 741.04. Marriage license issued.
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
(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
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Texts:
- Constitution of Georgia. Article I Section IV:
Paragraph I. Recognition of marriage.
(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.
- Georgia Code Annotated - Title 19. Domestic Relations - Chapter 3. Marriage generally - Article 1. General Provisions
Section 19-3-3.1 Same sex marriages prohibited
(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
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Texts:
- Hawaii Constitution, Article 1, Bill of Rights, § 23 MARRIAGE Section 23. The legislature shall have the power to reserve marriage to opposite-sex couples. (Added by HB 117 (1997) and election November 3, 1998)
- Statutes, HAWAII MARRIAGE EQUALITY ACT OF 2013
§572-B Interpretation of terminology to be gender neutral. When necessary to implement the rights, benefits, protections, and responsibilities of spouses under the laws of this State, all gender-specific terminology, such as "husband", "wife", "widow", "widower", or similar terms, shall be construed in a gender-neutral manner. This interpretation shall apply to all sources of law, including statutes, administrative rules, court decisions, common law, or any other source of law.
§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:
(1) 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;
(2) 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;
(3) Neither party has at the time any lawful wife, husband, or civil union partner living, except as provided in section 572-A;
(4) Consent of neither party to the marriage has been obtained by force, duress, or fraud;
(5) Neither of the parties is a person afflicted with any loathsome disease concealed from, and unknown to, the other party;
(6) 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;
(7) 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
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Text:
- IDAHO CONSTITUTION - Article III. Legislative department - §28. Marriage
A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state
- IDAHO CODE - Title 32. Domestic relations - Chapter 2. Marriage; nature and validity of marriage contract
§ 32-209. Recognition of foreign or out-of-state marriages
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
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Texts: Illinois Compiled Statutes
- 750 ILCS 5/201. Formalities.
A marriage between any two (2) adults licensed, solemnized and registered as provided in this Act is valid in this State.
- 750 ILCS 5/212. Prohibited Marriages.
(a) The following marriages are prohibited:... ... (5) Repealed.
- 750 ILCS 5/213.1 Same‑sex marriages; public policy.
Repealed.
Indiana
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Texts:
- Indiana Code - Title 31. Family law and juvenile law - Article 11. Family law: Marriage - Chapter 1. Who may marry
Section 31-11-1-1. Same sex marriages prohibited
(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.
Iowa
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Texts:
- IOWA CODE - TITLE XV. Judicial Branch and judicial procedures - SUBTITLE 1. Domestic relations
CHAPTER 595 Marriage– 595.2. Gender - Age: 1. Only a marriage between a male and a female is valid.
Kansas
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Texts:
- Kansas Constitution, Article 15, Section 16
(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.
- Kansas Statute, Section 23-2501. Nature of marriage relation.
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.
- Kansas Statute Section 23-2508. Validity of marriages contracted without state.
All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. 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
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Texts:
- Kentucky Constitution, Section 233A
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.
Section 402.005 Definition of marriage.
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.
Section 402.020 Other prohibited marriages.
(1) Marriage is prohibited and void: (d) Between members of the same sex;
Section 402.040 Marriage in another state
(1) 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.
(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.
Section 402.045 Same-sex marriage in another jurisdiction void and unenforceable.
(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
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Texts:
- Louisiana Constitution, Article XII, section 15. Defense of Marriage
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.
Article 89. Impediment of same sex
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 (Title II of Book IV of the Civil Code)
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
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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.[1]
Maryland
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Valid Marriages
(a) Construction. — This section may not be construed to invalidate any other provision of this title.
(b) In general. — Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State.
[An. Code 1957, art. 62, § 1; 1984, ch. 296, § 2.]
Prohibited Marriages
(a) In general.- Any marriage performed in this State that is prohibited by this section is void.
(b) Marriages within 3 degrees of direct lineal consanguinity or within first degree of collateral consanguinity prohibited; penalties.-
(1) A man may not marry his:
(i) grandmother; (ii) mother; (iii) daughter; (iv) sister; or (v) granddaughter.
(2) A woman may not marry her:
(i) grandfather; (ii) father; (iii) son; (iv) brother; or (v) grandson.
(3) 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.
(c) Certain marriages within other degrees of affinity or consanguinity prohibited; penalties.-
(1) A man may not marry his:
(i) grandfather's wife; (ii) wife's grandmother; (iii) father's sister; (iv) mother's sister; (v) stepmother; (vi) wife's mother; (vii) wife's daughter; (viii) son's wife; (ix) grandson's wife; (x) wife's granddaughter; (xi) brother's daughter; or (xii) sister's daughter.
(2) A woman may not marry her:
(i) grandmother's husband; (ii) husband's grandfather; (iii) father's brother; (iv) mother's brother; (v) stepfather; (vi) husband's father; (vii) husband's son; (viii) daughter's husband; (ix) husband's grandson; (x) brother's son; (xi) sister's son; or (xii) granddaughter's husband.
[An. Code 1957, art. 27, §§ 390, 391; art. 62, §§ 1, 2; 1984, ch. 296, § 2; 2002, ch. 424.]
Massachusetts
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Michigan
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Texts:
- Michigan Constitution, Article I, Section 25
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.
551.1 Marriage between individuals of same sex as invalid contract.[2]
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.[3]
(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.
551.272 Marriage not between man and woman invalidated.[4]
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
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A civil marriage, so far as its validity in law is concerned, is a civil contract between two persons, to which the consent of the parties, capable in law of contracting, is essential.
Mississippi
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Texts:
- Mississippi Constitution, Article 14, Section 263A
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.
- Mississippi Code § 93-1-1. Certain marriages declared incestuous and void.
(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. [5]
Missouri
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Texts:
- Missouri Constitution, Article I Bill of Rights
Section 33.Marriage, validity and recognition.
That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.
- Missouri Annotated Statutes - Chapter 451. Marriage, Marriage Contracts, and Rights of Married Women
section 451.022. Public policy, same sex marriages prohibited—license may not be issued.
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
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Texts:
- Montana Constitution - Article XIII. General Provisions
Section 7. Marriage Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.
- Montana Code Annotated - Title 40. Family law - Chapter 1. Marriage
Section 40-1-103. General Provisions --- Formalities.
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.
(1) The following marriages are prohibited: ... (d) a marriage between persons of the same sex.
Nebraska
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Texts:
Article I, Section 29. Marriage; same-sex relationships not valid or recognized. 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
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Texts:
- Nevada Constitution- Article I. Declaration of Rights.
Section 21. Limitation on recognition of marriage.
Only a marriage between a male and female person shall be recognized and given effect in this state.
New Hampshire
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Text:
457:1-a Equal Access to Marriage. – Marriage is the legally recognized union of 2 people. Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated "bride", "groom", or "spouse." Source. 2009, 59:1, eff. January 1, 2010.
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 male below the age of 14 years and no female below the age of 13 years shall be capable of contracting a valid marriage that is entered into by one male and one female, and all marriages contracted by such persons shall be null and void. No male below the age of 18 and no female below the age of 18 shall be capable of contracting a valid marriage between persons of the same gender, 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. January 1, 2010.
457:46 Obtaining Legal Status of Marriage. –
- I. Notwithstanding the provisions of RSA 457-A, no new civil unions shall be established on or after January 1, 2010. Two consenting persons who are parties to a valid civil union entered into prior to January 1, 2010 pursuant to this chapter may apply and receive a marriage license and have such marriage solemnized pursuant to RSA 457, provided that the parties are otherwise eligible to marry under RSA 457 and the parties to the marriage are the same as the parties to the civil union. Such parties may also apply by January 1, 2011 to the clerk of the town or city in which their civil union is recorded to have their civil union legally designated and recorded as a marriage, without any additional requirements of payment of marriage licensing fees or solemnization contained in RSA 457, provided that such parties' civil union was not previously dissolved or annulled. Upon application, the parties shall be issued a marriage certificate, and such marriage certificate shall be recorded with the division of vital records administration. Any civil union shall be dissolved by operation of law by any marriage of the same parties to each other, as of the date of the marriage stated in the certificate.
- II. Two persons who are parties to a civil union established pursuant to RSA 457-A that has not been dissolved or annulled by the parties or merged into a marriage in accordance with paragraph I by January 1, 2011 shall be deemed to be married under this chapter on January 1, 2011 and such civil union shall be merged into such marriage by operation of law on January 1, 2011.
Source. 2009, 59:5, eff. January 1, 2010; 61:3, eff. January 1, 2010 at 12:02 a.m.
New Jersey
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New Mexico
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- New Mexico Statutes §40-1-4..
All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.
New York
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North Carolina
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Texts:
- North Carolina Constitution - ARTICLE XIV MISCELLANEOUS
Sec. 6. Marriage. - "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts."
- North Carolina General Statutes - Chapter 51. Marriages - Article 1. General Provisions
Section 51‑1. Requisites of marriage; solemnization.
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
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Texts:
- North Dakota Constitution Article XI. General provisions.
Art. XI - Section Section 28. 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.
- North Dakota Century Code - Title 14 Domestic Relations and Persons
Section 14-03-01. What constitutes marriage - Spouse defined. 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.
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
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Texts:
- Ohio Constitution - Article XV. Miscellaneous - section 11 Marriage Amendment
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.
- Ohio Revised Code - Title XXXI Domestic Relations - Children
§ 3101.01. Persons who may be joined in marriage; minor to obtain consent; public policy of state concerning same-sex marriage and extension of certain benefits to nonmarital relationships.
(A) ... A marriage may only be entered into by one man and one woman. ...
(B) ...
(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
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Texts:
- Oklahoma Constitution - Article 2 Bill of rights - Section 35
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.
- Oklahoma Statutes - Title 43. Marriage and Family
§43-3.1. Recognition of marriage between persons of same gender prohibited. 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
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Texts:
- Oregon Constitution - Article XV Miscellaneous
Section 5a. Policy regarding marriage. It is the policy of Oregon, and its subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage.
Pennsylvania
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Texts:
- Pennsylvania Consolidated Statutes - Title 23 Domestic Relations - Chapter 17. Miscellaneous provisions relating to marriage
§ 1704. Marriage between persons of the same sex. 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
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South Carolina
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Texts:
- South Carolina Constitution Article XVII Miscellaneous Matters, Section 15
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.
- South Carolina Code of Laws - Title 20. Domestic Relations - Chapter 1. Marriage
Section 20-1-10. Persons who may contract matrimony.
(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(B) 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.
(C) 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
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Texts:
- South Dakota Constitution - Article XXI Miscellaneous; Section 9. Marriage
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.
- South Dakota Codified Laws - Title 25. Domestic relations - Chapter 01. Validity And Performance Of Marriages
25-1-1 Marriage defined—Consent and solemnization required.
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
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Texts:
- Tennessee Constitution - Article XI. MISCELLANEOUS PROVISIONS
Section 18. Marital contract defined. 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. Any policy or law or judicial interpretation, purporting 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 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.
- Tennessee Code Annotated - Title 36. Domestic Relations - Chapter 3. Marriage - Part 1. License
36-3-113. Marriage between one man and one woman only legally recognized marital contract.
(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
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Texts:
- Texas Constitution - Article 1. Bill of Rights - Section 32 - Marriage
(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.
- Texas Family Code - TITLE 1. The marriage relationship
Chapter 2. The marriage relationship - Section 2.001. Marriage licence.
(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.
Chapter 6. Suit for dissolution of marriage - Section 6.204. Recognition of same-sex marriage of union.
- (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
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Texts:
- Utah Constitution - Article 01. Declaration of Rights
Section 29. Marriage.
(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.
- Utah Code - Title 30. Husband and Wife - Chapter 01. Marriage
30-1-2. Marriages prohibited and void.
The following marriages are prohibited and declared void: ... (5) between persons of the same sex.
30-1-4.1. Marriage recognition policy.
(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.
Vermont
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Texts:
- Title 15. Domestic Relations - Chapter 1. Marriage
§ 8. Marriage definition.
Marriage is the legally recognized union of any two (2) adult persons.
Virginia
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| Same-sex marriage ban declared unconstitutional? | Same-sex marriage legal? |
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Texts:
- Virginia Constitution - Article I. Bill of Rights - Section 15-A. Marriage.
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.
- Code of Virginia - Title 20. Domestic relations
§ 20-45.2. Marriage between persons of same sex.
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.
§ 20-45.3. Civil unions between persons of same sex.
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
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| Same-sex marriage ban declared unconstitutional? | Same-sex marriage legal? |
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| N/A |
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Texts:
- Washington Revised Code - Title 26. Domestic relations - Chapter 04. Marriage
26.04.010. Marriage contract– Void marriages.
(1) Marriage is a civil contract between two persons who have each attained the age of eighteen years, and who are otherwise capable.
(3) 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
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Texts:
- West Virginia Code - Chapter 48. Domestic relations - Article 2. Marriage
§48-2-603. Certain acts, records, and proceedings not to be given effect in this state.
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
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Texts:
- Wisconsin Constitution - Article XIII. Miscellaneous provisions
- Section 13. Marriage. 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.
- Wisconsin Statutes - Chapter 765. The Family Code (765-768)
765.001(2) Intent. - Extract:
- ... 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....
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.
(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.
- (3) No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction, if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.
765.30 Penalties.
- (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
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Texts:
- Wyoming Statutes - Title 20. Domestic relations - Chapter 1. Husband and wife - Article 1. Creation of marriage
20-1-101. Marriage a civil contract.
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.
Other U.S. jurisdictions
American Samoa
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Undetermined
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District of Columbia
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| Same-sex marriage ban declared unconstitutional? | Same-sex marriage legal? |
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| N/A |
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Guam
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Puerto Rico
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Texts:
- Puerto Rico Civil Code - Title 31 Civil Code - Subtitle 1 Persons - Part III Marriage - Chapter 29 Nature of Marriage
§ 221. Definition, validity, and dissolution of marriage. Marriage is a civil institution, originating in a civil contract whereby a man and a woman mutually agree to become husband and wife and to discharge toward each other the duties imposed by law. It is valid only when contracted and solemnized in accordance with the provisions of law, and it may be dissolved before the death of either spouse only in the cases expressly provided for in this title. Any marriage between persons of the same sex or transsexuals contracted in other jurisdictions shall not be valid or given juridical recognition in Puerto Rico.
Northern Mariana Islands
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U.S. Virgin Islands
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Texts:
- Virgin Islands Code - Title 16 V.I.C. (2013) Marriage
§ 31. Nature of marriage. Marriage is hereby declared to be a civil contract which may be entered into between a male and a female in accordance with law.
See also
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- In general
- In the United States
- Same-sex marriage in the United States
- Public opinion of same-sex marriage in the United States
- Same-sex marriage in the Fourth Circuit
- Same-sex marriage in the Tenth Circuit
- Same-sex marriage in New England
- Same-sex marriage legislation in the United States
- Same-sex marriage status in the United States by state
- Rights and responsibilities of marriages in the United States
- Defense of Marriage Act
- Marriage Protection Act of 2007
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage Amendment
- Domestic partnership in the United States
- Freedom to Marry
- History of civil marriage in the United States
References
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- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ http://www.miamiherald.com/news/nation-world/article4150987.html
External links
State by state:
- Domawatch.org (against same-sex marriage)
- HRC marriage center (in favor of same-sex marriage)
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