List of former U.S. state constitutional amendments banning same-sex unions by type

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Further information: Former U.S. state constitutional amendments banning same-sex unions
Former U.S. state constitutional amendments banning same-sex unions in the United States, by state
  Former constitutional amendment bans same-sex marriage, civil unions, and any marriage-like contract between unmarried persons
  Former constitutional amendment bans same-sex marriage and civil unions
  Former constitutional amendment bans same-sex marriage
  No state constitutional amendment banning legal recognition of same-sex unions ever adopted
The adoption of U.S. state constitutional amendments banning legal recognition of same-sex unions over time

Prior to the Supreme Court's decision in Obergefell v. Hodges, U.S. states passed several different types of state constitutional amendments banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as defense of marriage amendments.[1] The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.

Thirty-one U.S. state constitutional amendments banning legal recognition of same-sex unions have been adopted. Of these, nine make only same-sex marriage unconstitutional; seventeen make both same-sex marriage and civil unions unconstitutional; two make same-sex marriage, civil unions, and other contracts unconstitutional; two have been found unconstitutional; and one is unique. Hawaii's amendment is unique in that it does not make same-sex marriage unconstitutional; rather, it allows the state to limit marriage to opposite-sex couples. Virginia's amendment prevents the state from recognizing private contracts that "approximate" marriage. Observers have pointed out that such language encompasses private contracts and medical directives.[2][3] Furthermore, the Michigan Supreme Court has held that the state's amendment bans not only same-sex marriage and civil unions, but also domestic partnership benefits such as health insurance.[4] California Proposition 8 was declared unconstitutional by Vaughn R. Walker, chief judge of the United States District Court for the Northern District of California, on August 4, 2010, in Perry v. Schwarzenegger, and following an appeal to the Supreme Court of the United States California ceased to enforce the amendment in June 2013.[5][6] Utah Constitutional Amendment 3 was declared unconstitutional by Judge Robert J. Shelby of the United States District Court for the District of Utah on December 20, 2013, in Kitchen v. Herbert.[7] Nebraska Initiative Measure 416 was declared unconstitutional by Joseph F. Bataillon, district judge on the United States District Court for the District of Nebraska, in November, 2005 in Citizens for Equal Protection v. Bruning, but his ruling was reversed on appeal by the United States Court of Appeals for the Eighth Circuit, which ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."[8]

This list only covers bans of civil unions, private contracts between same-sex couples and same-sex marriage in state constitutions; state statutes are not listed. The text of these amendments sometimes runs several paragraphs. In this event, excerpts of the most important phrases or sentences are included in this list.

State constitutional amendments are typically approved first by the legislature or special constitutional convention and then by the voters in a referendum. [lower-alpha 1] In some states, one or both of these steps is repeated.[lower-alpha 2] The percentages shown in the list are results from the referendum stage, not the legislative stage.

Former constitutional amendment bans same-sex marriage, civil unions, and any marriage-like contract between unmarried persons

State Year Support vote % Title Amendment Fate
Michigan 2004 59%[11] State Proposal - 04-2[12] 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.[4][13] Ruled unconstitutional in Obergefell v. Hodges.
Nebraska 2000 70%[14] Initiative Measure 416[14] 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.[15] Ruled unconstitutional in Obergefell v. Hodges.
South Dakota 2006 52%[16] South Dakota Amendment C[16] 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.[17] Ruled unconstitutional in Obergefell v. Hodges.
Virginia 2006 57%[18] Marshall-Newman Amendment[18] 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.[19] Ruled unconstitutional in Bostic v. Schaefer.

Former constitutional amendment bans same-sex marriage and civil unions

State Year Support vote % Title Amendment Fate
Alabama 2006 81%[20] Sanctity of Marriage Amendment (Amendment 774)[21] No marriage license shall be issued in the State of Alabama to parties of the same sex... 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. Ruled unconstitutional in Obergefell v. Hodges.
Ruled unconstitutional in Searcy v. Strange.
Arkansas 2004 75%[11] Constitutional Amendment 3[22] (1) Marriage consists only of the union of one man and one woman. (2) Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas.[23] Ruled unconstitutional in Obergefell v. Hodges.
Florida 2008 62%[24] Florida Amendment 2[25] Inasmuch as marriage is the legal union of 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.[25] Ruled unconstitutional in Brenner v. Scott.
Georgia 2004 76%[11] Constitutional Amendment 1[26] (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.[27] Ruled unconstitutional in Obergefell v. Hodges.
Idaho 2006 63%[16] Idaho Amendment 2[16] A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.[28] Ruled unconstitutional in Latta v. Otter.
Kansas 2005 70%[29] Proposed Amendment 1[30] (a) 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.[31] Ruled unconstitutional in Obergefell v. Hodges.
Ruled unconstitutional in Marie v. Moser.
Kentucky 2004 75%[11] Constitutional Amendment 1[32] 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.[33] Ruled unconstitutional in Obergefell v. Hodges.
Louisiana 2004 78%[11] Constitutional Amendment 1[34] 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.[35] Ruled unconstitutional in Obergefell v. Hodges.
North Carolina 2012 61%[36] North Carolina Amendment 1 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.[37] Ruled unconstitutional in General Synod of the United Church of Christ v. Cooper
North Dakota 2004 73%[11] North Dakota Constitutional Measure 1[38] 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.[39] Ruled unconstitutional in Obergefell v. Hodges.
Ohio 2004 62%[11] State Issue 1[40] Only a union between one man and one woman may be a marriage valid in or recognized by this state. 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.[41] Ruled unconstitutional in Obergefell v. Hodges.
Oklahoma 2004 76%[11] State Question 711[42] 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. C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.[43] Ruled unconstitutional in Bishop v. Oklahoma.
South Carolina[lower-alpha 3] 2006 78%[16] South Carolina Amendment 1[16] 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...shall not recognize...any other domestic union, however denominated.[44] Ruled unconstitutional in Condon v. Haley.
Texas 2005 76% Proposition 2 (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. Ruled unconstitutional in Obergefell v. Hodges.
Utah 2004 66%[11] Constitutional Amendment 3[45] 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.[46] Ruled unconstitutional in Kitchen v. Herbert.
Wisconsin 2006 59%[16] Wisconsin Referendum 1[16] 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.[47] Ruled unconstitutional in Wolf v. Walker.

Former constitutional amendment bans same-sex marriage

State Year Support vote % Title Amendment Fate
Alaska 1998 68%[48] Ballot Measure 2, Joint Resolution 42[48] To be valid or recognized in this State, a marriage may exist only between one man and one woman.[49] Ruled unconstitutional in Hamby v. Parnell.
Arizona 2008 56%[24] Arizona Proposition 102[50] Only a union of one man and one woman shall be valid or recognized as a marriage in this state.[50] Ruled unconstitutional in Connolly v. Jeanes.
California 2008 52%[24] California Proposition 8[51] Only marriage between a man and a woman is valid or recognized in California.[51] Ruled unconstitutional in Hollingsworth v. Perry.
Colorado 2006 56%[16] Colorado Amendment 43[52] Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.[52] Ruled unconstitutional in Brinkman v. Long.
Missouri 2004 72%[53] Constitutional Amendment 2[54] To be valid and recognized in this state, a marriage shall exist only between a man and a woman.[55] Ruled unconstitutional in Obergefell v. Hodges.
Mississippi 2004 86%[11] Mississippi Amendment 1[11] Marriage may take place and may be valid under the laws of this state only between a man and a woman.[56] Ruled unconstitutional in Obergefell v. Hodges.
Montana 2004 67%[11] Montana Initiative 96[11] Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.[57] Ruled unconstitutional in Rolando v. Fox.
Nevada 2000, 2002[lower-alpha 2] 69.6%; 67.1%[lower-alpha 2] Nevada Question No. 2[10] Only a marriage between a male and female person shall be recognized and given effect in this state.[58] Ruled unconstitutional in Sevcik v. Sandoval.
Oregon 2004 57%[11] Oregon Ballot Measure 36[59] Only a marriage between one man and one woman shall be valid or legally recognized as a marriage.[60] Ruled unconstitutional in Geiger v. Kitzhaber.
Tennessee 2006 81%[16] Tennessee Amendment 1[61] 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.[61] Ruled unconstitutional in Obergefell v. Hodges.

Failed amendments

  • Arizona Proposition 107 – On November 7, 2006, Arizona rejected a constitutional amendment banning same-sex marriage and civil unions by 52% of the vote. Two years later Arizona voters approved a more narrow amendment banning only same-sex marriage.
  • Minnesota Amendment 1 – On November 6, 2012, Minnesota rejected a constitutional amendment banning gay marriage with 53% of the electorate opposed. A majority of all votes cast would be required to amend the state constitution.

Notes

  1. ↑ The mechanics differ: 17 states allow constitutional amendments to be proposed by popular initiative, all allow the legislature to start the process, and five allow special conventions to start the process. In all states, though, the amendment is approved by elected members of a constitutional convention or elected legislators at least once, with varying standards for approval of the measure. Voters then vote directly on the resulting referendum, except in Delaware, where constitutional amendments are voted on and ratified only by the state legislature.[9]
  2. ↑ 2.0 2.1 2.2 Amendments to the Nevada state constitution must be approved by the voters in two consecutive elections.[10]
  3. ↑ South Carolina's Amendment explicitly disavows a Virginia-type regime that would affect private contracts: "This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments."[44]

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  4. ↑ 4.0 4.1 National Pride At Work, Inc. et al. v. Governor of Michigan et al., 748 N.W.2d 524 (Mich 2008).
  5. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ Derek Kitchen v. Gary R. Herbert (D. Utah December 20, 2013). Text
  8. ↑ Citizens for Equal Protection v. Bruning, F.3d 859 (8th Cir 2006).
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found. (subscription required)
  10. ↑ 10.0 10.1 Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  11. ↑ 11.00 11.01 11.02 11.03 11.04 11.05 11.06 11.07 11.08 11.09 11.10 11.11 11.12 11.13 Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ 14.0 14.1 Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  16. ↑ 16.0 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ 18.0 18.1 Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  23. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  24. ↑ 24.0 24.1 24.2 Lua error in package.lua at line 80: module 'strict' not found.
  25. ↑ 25.0 25.1 Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  27. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  28. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  29. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  30. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  31. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  32. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  33. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  34. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  35. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  36. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  37. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  38. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  39. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  40. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  41. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  42. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  43. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  44. ↑ 44.0 44.1 Lua error in package.lua at line 80: module 'strict' not found.
  45. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  46. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  47. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  48. ↑ 48.0 48.1 Lua error in package.lua at line 80: module 'strict' not found.
  49. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  50. ↑ 50.0 50.1 Lua error in package.lua at line 80: module 'strict' not found.
  51. ↑ 51.0 51.1 Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  52. ↑ 52.0 52.1 Lua error in package.lua at line 80: module 'strict' not found.
  53. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  54. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  55. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  56. ↑ Lua error in package.lua at line 80: module 'strict' not found.[dead link]
  57. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  58. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  59. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  60. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  61. ↑ 61.0 61.1 Lua error in package.lua at line 80: module 'strict' not found.[dead link]

External links

  • Lua error in package.lua at line 80: module 'strict' not found.
  • Lua error in package.lua at line 80: module 'strict' not found.
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