States That Allow Same-Sex Marriage
Download article as a PDFThe state of same-sex marriage in America is constantly evolving. From its early beginnings, both proponents and opponents of same-sex marriage have asserted controversial arguments concerning the definition, application, and legality of marriage as it applies to men and women of the same sex.
Ever since 2003, when Massachusetts became the first state to legalize same-sex marriage, legislatures in many states have been called to answer the same call. While legal issues concerning same-sex marriage continue to grow, so might states that allow same-sex marriage laws.
Below are states that currently allow same-sex marriage. Note that is a fluid list - states across the country are signing bills into law at a fast pace. Click on the state name to be directed to the actual text of the state law.
Connecticut legalized themarriage of same-sex couples on November 12, 2008. Connecticut became the third state (after California and Massachusetts) to authorize same-sex couples to marry. A noteworthy case out of the Supreme Court of Connecticut, Kerrigan v. Commissioner of Public Health , held that the Connecticut State Constitution does not permit the state to exclude same-sex couples from civil marriage.
When Gov. Jack Markell signing HB 75 into law on May 7, 2013, Delaware became the latest colonial state to allow same-sex marriage. Like Rhode Island, Delaware also made civil unions a thing of the past.
After a flurry of court cases concerning same-sex marriage in the nation, Iowa was added to the list of states that allowed same-sex unions when the court in Varnum v. O'Brien ruled that the ban on same-sex marriage under the constitution was a form of unconstitutional sexual-orientation discrimination.
The Maine legislature passed a bill legalizing same-sex marriage in 2009, but it was repealed by popular vote later that year. But gay marriage was again made legal in 2012, this time in the general election. It passed by 53 percent, which is the same percentage of voters who rejected it in 2009.
A bill legalizing same-sex marriage was passed in 2012 and signed by the governor, with an enactment date of Jan. 1, 2013. But the law was put to a referendum on the 2012 general election ballot, passing with the support of more than 52 percent of Maryland voters.
Massachusetts became the first state to issue marriage licenses to same-sex couples beginning in 2004. The Supreme Court ruled in Goodrich v. Department of Public Heath that the state could not deny civil marriage to two members of the same sex who wished to marry, and that the same laws and procedures that govern traditional marriage also apply to same-sex marriage.
The Minnesota gay-marriage bill reframes all marriages as "civil marriages," removes gender from the state's definition of eligible partners to a marriage, and will allow marriages to begin August 1, 2013. The Minnesota House voted 75-59 in favor of same-sex marriage on May 9, 2013, the state Senate voted 37-30 in favor of same-sex marriage on May 13, 2013, and Governor Mark Dayton signed the bill on May 14, 2013.
New Hampshire legalized same-sex marriage after Governor John Lynch became only the second Governor to sign a bill (HB 73) that allowed same-sex unions. The new law extending marriage rights to gay and lesbian couples took effect on January 1, 2010.
On June 24, 2011, New York officially enacted the Marriage Equality Act, becoming the sixth state in the United States to legalize same sex marriages. The legislation passed after several weeks of intense negotiations and fund raising and lobbying efforts on both sides of the issues.
Rhode Island became the sixth and final New England state to approve marriage equality -- and the 10th nationwide (at the time). The Rhode Island legislature passed a bill legalizing same-sex marriage on May 2, 2013; it goes into effect on August 1, 2013.
In 1999, The Vermont Supreme Court ruled in Baker v. Vermont that same-sex couples are "entitled under Chapter I, Article 7, of the Vermont Constitution to the same benefits and protections afforded by Vermont law to married opposite-sex couples."
On February 8, 2012, the Washington State Senate passed a bill that legalized same-sex marriage. The Senate passed the bill 28-21, with four Republican Senators crossing party lines in the vote. The bill was signed into law by Governor Christin Gregoire, but challenged by a petition. The law was put to a referendum on the 2012 general election ballot, where it passed with 51.8 percent of the vote.
The District of Columbia overwhelmingly passed legilsation (by an 11-2 vote) in early December 2009 when it recognied same-sex marriages as a legal union. D.C. now has elected to ban any vote that attempts to ban same-sex marriage because it would be a violation of human rights.