Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

2004 Arkansas     ^—TOP—^
Marriage consists only of the union of one man and one woman. 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. 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.

2004 Georgia     ^—TOP—^
(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.

2005 Kansas     ^—TOP—^
(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.

2004 Kentucky     ^—TOP—^
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.

2004 Louisiana     ^—TOP—^
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.

2004 Michigan     ^—TOP—^
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.

2000 Nebraska     ^—TOP—^
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.

2004 North Dakota     ^—TOP—^
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 effect.

2004 Ohio     ^—TOP—^
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.

2004 Oklahoma     ^—TOP—^
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.

2004 Utah     ^—TOP—^
(1) Marriage consists only of the legal union between a man and a woman.(2) No other domestic status or union, however denominated, between persons is valid or recognized or may be authorized, sanctioned, or given the same or substantially equivalent legal effect as a marriage.

1998 Alaska     ^—TOP—^
To be valid or recognized in this State, a marriage may exist only between one man and one woman.

2004 Mississippi     ^—TOP—^
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.

2004 Missouri     ^—TOP—^
That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.

2004 Montana     ^—TOP—^
Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.

2004 Oregon     ^—TOP—^
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.

2002 Nevada     ^—TOP—^
Only a marriage between a male and female person shall be recognized and given effect in this state.

1997 Hawaii     ^—TOP—^
The legislature shall have the power to reserve marriage to opposite-sex couples.

Alabama     ^—TOP—^
DOMA adopted as state law

Section 1. This act shall be known and may be cited as the "Alabama Marriage Protection Act."

Section 2. (a) 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.

(b) 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.

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

(d) 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.

Section 3. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming a law.

2005 Legislation: State constitutional amendment to ban same-sex marriage introduced.

*A constitutional amendment protecting marriage passed the Alabama legislature in March. This resolution will go to voters during the next statewide election that is scheduled for June 2006. Category 1

Arizona     ^—TOP—^
DOMA adopted as state law

Void and prohibited marriages

A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void.

B. Notwithstanding subsection A, first cousins may marry if both are sixty- five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce.

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

Legislation: State constitutional amendment to ban same-sex marriage introduced
HCR 2027: Status: In (H) Last Acton: Referred to Committee on Judiciary and Rules 2-3-05 Second Read 2-7-05. Category 2

California     ^—TOP—^
DOMA adopted as state law

Proposition 22 states: "Only marriage between a man and a woman is valid or recognized in California" (approved on March 7, 2000 by a margin of 61 to 39).

Legislation: State constitutional amendment to ban same-sex marriage introduced
ACA3: In (Assembly) Last Action: 12-7-04 -May be heard in committee January 6th
SCA 1: Status: In Senate Judiciary Committee: Last Action: 1-27-05 Sent to Committee on Judiciary

Legislation that would legalize same-sex marriage introduced (gender neutral marriage)
AB19: (In Assembly) Last Action: 1/6/05 Referred to Committee on Judiciary

Judicial Action: Richard Kramer, a San Francisco Superior Court Judge ruled Monday March 14th that California marriage laws were unconstitutional. In his ruling the judge wrote, "It appears that no rational purpose exists for limiting marriage in this state to opposite-sex partners." This case will be appealed.

Colorado     ^—TOP—^
DOMA adopted as state law

Marriage Protection Act (2000)
Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 14-2-104, Colorado Revised Statutes, is amended to read:

14-2-104. Formalities.

(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.

(3) NOTHING IN THIS SECTION SHALL BE DEEMED TO REPEAL OR RENDER INVALID ANY OTHERWISE VALID COMMON LAW MARRIAGE BETWEEN ONE MAN AND ONE WOMAN.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Legislation: No Constitutional Amendment Bills. 1 bill: Prohibits a relationship that is not marriage between a man and one woman from receiving, in the state of Colorado, the totality of legal benefits, protections, and responsibilities that uniquely accrue to persons in a relationship of marriage between one man and one woman by operation of Colorado law, whether the relationship was entered into the state of Colorado or in another state.

SB 140: Status (In S): Last Action: 2-16-05 Assigned to State Veterans Military Affairs: Postpone Indefinitely.

Delaware     ^—TOP—^
DOMA adopted as state law

13 Del.C. § 101

§ 101 Void and voidable marriages.

(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender.

Legislation: State constitutional amendment to ban same-sex marriage introduced
SB 15: Status: In Senate Judiciary Committee. Last Action: Read for first time 1-25-05
Category 1

Florida     ^—TOP—^
DOMA adopted as state law

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.

Legislation: NONE

Idaho     ^—TOP—^
DOMA adopted as state law

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.

Legislation: State constitutional amendment to ban same-sex marriage introduced but failed to gain the necessary two-thirds support in the state Senate (SJR 101).

Illinois     ^—TOP—^
DOMA adopted as state law

5/213.1. Same-sex marriages public policy

§ 213.1. Same-sex marriages public policy. A marriage between 2 individuals of the same sex is contrary to the public policy of this State.

Indiana     ^—TOP—^
DOMA adopted as state law

Ind. Code § 31-11-1-1

Indiana's Marriage Recognition Statute Reads:

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

Legislation: State constitutional amendment to ban same-sex marriage introduced

On March 22nd a Constitutional marriage amendment (SJR 7) was approved. The resolution needs to pass consecutive, separately elected General Assemblies before the amendment can be sent to voters. The resolution could be on the 2008 ballot if the resolution is passed again in 2007 or 2008.

Iowa     ^—TOP—^
DOMA adopted as state law

IA ST ' 595.2

595.2. Age - gender

1. Only a marriage between a male and a female is valid.

Legislation: State constitutional amendment to ban same-sex marriage introduced
SJR2: Status: In (S) Subcommittee: Last Action: 1-25-05 Referred to State Government Category 2
HJR1: Status: In (H) Judiciary Committee. Last Action: 2-16-05 Introduced: Referred to Judiciary Committee: Category 1

Maine     ^—TOP—^
DOMA adopted as state law

19-A Maine Rev. Stat. Ann. § 701

Prohibited marriages exceptions

1. Marriage out of State to evade law. When residents of this State, with intent to evade this section and to return and reside here, go into another state or country to have their marriage solemnized there and afterwards return and reside here, that marriage is void in this State.

5. Same sex marriage prohibited. Persons of the same sex may not contract marriage.

Legislation: State constitutional amendment to ban same-sex marriage introduced.

LD 1294: Status: In House: Last Action: 3-15-05 Referred to Committee on Judiciary Category 1

Draft: LR 1862 An Act To Promote the Sanctity of Marriage, sponsored by Rep. Cressey, Jr. of Cornish

Minnesota     ^—TOP—^
DOMA adopted as state law

Minn Stat. Ann. § 517.01

Marriage a civil contract

Marriage, so far as its validity in law is concerned, is a civil contract between a man and a woman, to which the consent of the parties, capable in law of contracting, is essential. Lawful marriage may be contracted only between persons of the opposite sex and only when a license has been obtained as provided by law and when the marriage is contracted in the presence of two witnesses and solemnized by one authorized, or whom one or both of the parties in good faith believe to be authorized, so to do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void.

Legislation: State constitutional amendment to ban same-sex marriage introduced
HF6: Status: (House) in Committee: Last Action: Committee Report to Pass as amended and referred to Rules and Legislative Committee (3-29-05) Category 1

New Hampshire     ^—TOP—^
DOMA adopted as state law

This state shall not give effect to any 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 or the legal equivalent of marriage under the laws of such other state, territory, possession, or tribe, or a right or claim arising from such relationship. For purposes of this section, "marriage" means only a legal union between one man and one woman as husband and wife.

Legislation:
Last year New Hampshire closed the loophole that would have required the state to recognize non-resident couples that marry under laws in another state that do not comply with NH law and decide to become residents in NH. At that time, there was a commission established: Specific language follows:

The commission shall examine all aspects of same sex civil marriage and the legal equivalent thereof, whether referred to as civil unions, domestic partnerships, or otherwise. The commission's study shall include, but shall not be limited to:

I. All the legal and policy implications of extending some or all of the rights and responsibilities of marriage to same sex couples.

II. Examination of all issues of civil rights, responsibilities, laws, and legal obligations related to same sex unions, including the applicability of the laws of other states to New Hampshire.

After the report is filed, work will be done in order to introduce a constitutional marriage amendment.

North Carolina     ^—TOP—^
DOMA adopted as state law

§ 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.

Legislation: State constitutional amendment to ban same-sex marriage introduced
HB 55: Status: In House : Last Action: 2-3-05 Referred to Judiciary Committee. Category 1
SB8: Status: In [S] Last Action: Ref To Committee On Ways and Means on 01/31/2005: Category 1

Pennsylvania     ^—TOP—^
DOMA adopted as state law

§ 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.

Legislation: None. *Work is being done with several pro-family organizations and attorneys for language to submit as a Constitutional Amendment for protecting marriage during this session.

South Dakota*     ^—TOP—^
DOMA adopted as state law

S.D. Cod. Laws § 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.

Legislation: State constitutional amendment to ban same-sex marriage introduced
HRJ 1001: Status: Waiting for 2006 vote: Last Action: Passed Senate 20Y 14-N Amendment waiting for 2006 election. Category 1

South Carolina     ^—TOP—^
DOMA adopted as state law

South Carolina Code of Laws SECTION 20-1-15. Prohibition of same sex marriage [SC ST SEC 20-1-15] A marriage between persons of the same sex is void ab initio and against the public policy of this State.

Legislation: State constitutional amendment to ban same-sex marriage introduced

HB3133: Status: In Senate Committee. Last Action: Passed House 96Y 3-N (3-1-05) retained place on calendar and recommitted to committee on Judiciary (3-17-05)

SC 183: Status: Residing in the Senate Committee on Judiciary: Last Action: Referred to Committee on Judiciary on 1/11/05: Category 1

Legislation introduced to amend Law Code:

H 3140: Status: Residing in the House Committee on Judiciary: Last Action: Referred to Committee on Judiciary:

Tennessee     ^—TOP—^
DOMA adopted as state law

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 longstanding 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

Legislation: State constitutional amendment banning same-sex marriages gained preliminary approval by both houses of the legislature (HJR 990). The measure has been reintroduced and must be approved in identical form in the 2005 legislative session before going to a statewide vote in 2006.

SJR 0031: Status: Last action: Passed House Y-88, N-7 Category 2 The amendment successfully passed two consecutive sessions of the Tennessee General Assembly by a 2/3 supermajority. The general public is scheduled to vote on the amendment in November 2006. Category 2

SJR 0031: Status: Last Action: Placed on Senate Calendar: Adopted 29-Y 3-N ( 2-28-05) Category 1 ( Tennessee's legislature is only one step away from sending a marriage amendment to voters in 2006. An amendment passed the Tennessee Senate 29-3 Feb. 28 and now must pass the House.)

HJR 0024: Status: In House Calendar and Rules Committee. Last Action: Placed on Calendar: Calendar and Rules Committee for 3/8/05 Category 1

Texas     ^—TOP—^
DOMA adopted as state law

TX Family § 2.001 and 3.401

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

Virginia**     ^—TOP—^
DOMA adopted as state law

Va. Code § 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.

Legislation: State constitutional amendment to ban same-sex marriage approved Feb. 8. The measure must be voted on by the legislature again in 2006 before going to a statewide vote.
Category 1

West Virginia     ^—TOP—^
DOMA adopted as state law

WV. Stat. 48-1-18a

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 any other state, territory, possession or tribe or a right or claim arising from the relationship shall not be given effect by this state.

Legislation: None

Washington     ^—TOP—^
DOMA adopted as state law

Wa. Stat. 26.04.010

Marriage is a civil contract between a male and a female.

Wa Stat. 26.04.010

(1) Marriage in the following cases are prohibited:

(c) When the parties are persons other than a male and a female.

Legislation: State constitutional amendment to ban same-sex marriage introduced

SJR 8209: Status: In Committee: Last Action: 2-3-05 Referred to judiciary committee. Category 1

SJR 8210: Status: In Committee: Last Action: First Reading, referred to judiciary committee 2-9-05 Category 1

HJR 4208: Status In Committee: Last Action: First Reading, referred to Juvenile and Family Law. 1-31-05 Category 1

HJR 4207: Status: In Committee: Last Action: First Reading, referred to Juvenile and Family Law. 1-31-05 Category 1

Maryland     ^—TOP—^
Legislation: State Law banning same sex-marriage
HB 693: 2-17-05 Status: In the House: Last Action: Hearing Scheduled for 2/24/05
Category: 2
HB1220: Status: In House: Last Action: Hearing Scheduled for 2-24-05 Category 2

New Mexico     ^—TOP—^
Legislation:
SJR: Status: (S) Last Action: Referred to Senate Rules Committee Category 2.

New Jersey     ^—TOP—^
Legislation: State constitutional amendment to ban same-sex marriage introduced
ACR 212 Status: In Judiciary Committee, Last Action: Referred to Assembly Judiciary Committee: Category 3

New York     ^—TOP—^
Legislation: None

Rhode Island     ^—TOP—^
Legislation: To allow for same sex marriage bill introduced.
SB 216: Status: In (S Committee) Last Action: Referred to Senate Judiciary Committee (2-2-05)

Vermont     ^—TOP—^
Legislation: None

Wisconsin     ^—TOP—^
Legislation: None found **According to Stateline: State constitutional amendment banning same-sex marriage and civil unions was approved by the Legislature in 2004. The legislation must be approved again in the 2005 session before going before voters in a statewide referendum.

Wyoming     ^—TOP—^
Legislation: **According to Stateline: Legislation to enact a state law modeled after DOMA introduced.

Massachusetts     ^—TOP—^

Marriage of man to certain relatives

No man shall marry his mother, grandmother, daughter, granddaughter, sister, stepmother, grandfather'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 or mother's sister.
(Massachusetts General Laws Ann. ch. 207 section 1)

Sources
Stateline
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=429948&columns=false

DOMA Watch
http://www.domawatch.org/stateissues/index.html