If you are gay in America, this is the current patchwork of what marital law looks like.
You might be able to lawfully wed in one state, but not have it legally recognized in another state.
Actually, it is even more complicated then that....
Laws regarding same-sex partnerships in the United States
Same-sex marriage1
Unions granting rights similar to marriage1,2
Legislation granting limited/enumerated rights1
Same-sex marriages performed elsewhere recognized1
No specific prohibition or recognition of same-sex marriages or unions
Statute bans same-sex marriage
Constitution bans same-sex marriage
Constitution bans same-sex marriage and some or all other kinds of same-sex unions
1May include recent laws or court decisions which have created legal recognition of same-sex relationships, but which have not entered into effect yet.
2Same-sex marriage laws in California are complicated; please see the article on same-sex marriage in California.
If that's confusing, simply refer to this State by State chart:
State | Marriage | Same-sex unions | Notes | |||||||
---|---|---|---|---|---|---|---|---|---|---|
Defined | Result | Civil Unions | Domestic Partnership | |||||||
Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status | |||
Alabama | Yes | Yes | Banned | Banned | No | None | ||||
Alaska | Yes | Yes | Banned | No | None | No | None | Petitions are made to start a ban ballot on civil unions too. | ||
Arizona | Yes | Yes | Banned | No | None | No | None | |||
Arkansas | Yes | Yes | Banned | Banned | No | None | ||||
California | Yes | Yes (°) | Banned Ban upheld by California Supreme Court.[3] Ban overturned by theDistrict Court for Northern California, ruling stayed pending appeal. | Yes; Conditional | No | None | No | Yes | Main article:Same-sex marriage in California
Originally granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over a three-year period. Taking effect on January 1, 2005, A.B. 205 extended to domestic partnerships virtually all the legal rights and responsibilities of marriage in California. Thus, domestic partnership in California has been effectively transformed into a civil union status. | |
Colorado | Yes | Yes | Banned | No | Failed (Still Proposed) | Yes | On November 2006 ballot, Colorado banned marriage but rejected areferendum to allow a "civil union"-likedomestic partnership, sustained by aconstitutional amendment. See also this table | |||
Connecticut | No | No | Legal* by Supreme Court decision, then by legislation. | Yes | Expires on 1 October 2010 | Expires on 1 October 2010 | None | None | Main article: Same-sex marriage in Connecticut Connecticut allows full civil marriage licences to same-sex couples. Civil unions expire from 1 October 2010. | |
Delaware | No | Yes | Not legal | Not legal | As Civil Unions Effective 6/1/11 | Yes (Effective 1/1/2012) | No | None | ||
District of Columbia | No | No | Legal | Yes | No | None | No | Legal* | Main article: Same-sex marriage in the District of Columbia Domestic partnerships were enacted in 1992; implemented from 2002 and then expanded from 2003 to 2009. Same-sex marriages were legalized on December 18, 2009 and marriages began on March 9, 2010. | |
Florida | Yes | Yes | Banned | Banned | No | None | ||||
Georgia | Yes | Yes | Banned | Banned | No | None | ||||
Hawaii | Yes | Yes | Ban permitted Not legal. | As Civil Union Effective 1/1/12 | Yes | None (Effective 1/1/12) | No | Legal* | Minimal benefits, available to all adults, including relatives; official terminology isreciprocal beneficiary relationship*.[2] Civil Union Bill 2010 has been approved in the 2010 Senate, vote pending in the Hawaii House Committee. | |
Idaho | Yes | Yes | Banned | Banned | No | None | ||||
Illinois | No | Yes | Not legal | As Civil Unions Effective 6/1/11 | No | YesEffective 6/1/11 | No | None | Petitions are made to start a ban ballot. Marriage or civil union proposition, heading rather to civil unions. | |
Indiana | No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative to start a ban ballot. | |
Iowa | No | No | Legal* by Supreme Court decision | Yes | No | None | No | None | Main article: Same-sex marriage in Iowa In August 2007, Polk County judge ruled Iowa's statutory ban on same-sex marriage was unconstitutional, but ruling was quickly stayed and appealed. On appeal, the Iowa Supreme Court upheld the Polk County ruling in the case of Varnum v. Brien. Legislative initiative to begin constitutionalban ballot process was unsuccessful in 2009. Republicans in opposition vow to push the issue in 2010 legislative session. | |
Kansas | Yes | Yes | Banned | Banned | Uncertain | |||||
Kentucky | Yes | Yes | Banned | Banned | No | None | ||||
Louisiana | Yes | Yes | Banned | Banned | No | None | ||||
Maine | No (but proposed byRepublicans) | Banned by statute since 1997 and was rejected by "the people's veto" in 2009. | No (rejected by "the people's veto" in 2009) | No (rejected by "the people's veto"in 2009) | No | None | Yes (both opposite sex and same sex) | Legal* | Main article: Domestic partnership in Maine The Maine Domestic Partnership Act came into effect on July 30, 2004.[1] Same-sex couple who married elsewhere may register their marriage as a domestic partnership. The "people's veto" won by 52.9 percent in November 2009. | |
Maryland | No | Yes | Not legal* Same-Sex Marriage Postponed until 2012 | Not legal | No | None | Few rights, unregistered domestic partnerships provide certain limited legal rights - just like Wisconsin, Hawaii and Colorado. | Legal* | Main article: Same-sex marriage in Maryland "The first state law defining marriage as a union between a man and woman was adopted by Maryland in 1973."[1] | |
Massachusetts | No | No | Legal* by Supreme Court decision | Yes. | No | None | No | None | Main article: Same-sex marriage in Massachusetts | |
Michigan | Yes | Yes | Banned | Banned | Banned* by Supreme Court decision | |||||
Minnesota | No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative and petitions are made to start a ban ballot. | |
Mississippi | Yes | Yes | Banned | No | None | No | None | |||
Missouri | Yes | Yes | Banned | No | None | No | None | |||
Montana | Yes | Yes | Banned | No | None | No | None | |||
Nebraska | Yes | Yes | Banned | Banned | Banned | |||||
Nevada | Yes | Yes | Banned | No | No | Yes | Yes | Domestic partnership legislation in Nevada is similar to the Californian/Oregon models. | ||
New Hampshire | No | No | Legal | Yes | No | Legal - Expires on midnight 1/1/2011. | No | None | New Hampshire allows full civil marriage licences to same-sex couples, civil unions to expire and convert into marriage from 1 January 2011. | |
New Jersey | Proposal rejected | No* | None | As civil unions | No | Legal | No | No more but present valid ones allowed. | Main article: Same-sex marriage in New Jersey The state of New Jersey has neither allowed nor recognized marriages between couples of the same-sex. However, the New Jersey Supreme Court, in Lewis v. Harris, required the New Jersey Legislature to change state law by April 24, 2007 to afford same-sex couples the same rights as heterosexual couples.[4] A bill now allows civil unions that will supersede domestic partnerships. These are no more applied but may remain for the present ones. | |
New Mexico | No | No | None | None | No | None | No | None | Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). | |
New York | Yes | Yes | Legal* Approved June 24, 2011 | Yes, by governmental entities; seeSame sex marriage in New York. | Yes | None | No | None | Main article: Same-sex marriage in New York | |
North Carolina | No | Yes | Not legal | Not legal | No | None | No | None | Legislative initiative to start a ban ballot. | |
North Dakota | Yes | Yes | Banned | Banned | No | None | ||||
Ohio | Yes | Yes | Banned | Banned | No | None | ||||
Oklahoma | Yes | Yes | Banned | Banned | No | None | ||||
Oregon | Yes | No | Banned* | No | Legal | No | Yes | Main article: Same-sex marriage in Oregon Domestic partnership legislation in Oregon is very similar to the California and Nevada model. | ||
Pennsylvania | No | Yes | Not legal | Not legal | No | None | No | None | Petitions are made to start a ban ballot. | |
Rhode Island | No | No | Proposed | Yes | No | Proposed | No | None | Does not contain any public policy explicitly banning same-sex marriage nor defining marriage as between a man and a woman (effectively making the state neutral). Does not award marriage licenses, but does extend limited rights to same-sex couples.[2]Now this is the basis on which RI will recognize the same-sex couples married in Massachusetts according to the Attorney General. | |
South Carolina | Yes | Yes | Banned | Banned | Yes | None | ||||
South Dakota | Yes | Yes | Banned | Banned | Banned | |||||
Tennessee | Yes | Yes | Banned | No | None | No | None | |||
Texas | Yes | Yes | Banned | Banned | No | None | ||||
Utah | Yes | Yes | Banned | Banned | No | None | ||||
Vermont | No | No | Legal[5] | Yes | No | No more but present valid ones allowed. | No | None | Vermont allows full civil marriage licences to same-sex couples. Civil unions still recognised before 31 August 2009, but can not be performed after that date - also there is no "conversion into civil marriage" (as CT and NH have done). | |
Virginia | Yes | Yes | Banned | Banned | Banned | |||||
Washington | No | Yes | Not legal * | As domestic partners | No | None | Yes (same-sex only) | Legal | Main article: Same-sex marriage in Washington Same-sex couple who married elsewhere may register their marriage as a domestic partnership. The 2009 reforms called the"all-but-marriage" law will come into effect from December 3, 2009, since it wasapproved by voters by 53 percent. | |
West Virginia | No | Yes | Not legal | Not legal | No | None | No | None | Petitions are made to start a ban ballot. | |
Wisconsin | Yes | Yes | Banned | Banned | Yes | Yes | Domestic partnerships provide certain limited legal rights - just like Hawaii, Maryland and Colorado. | |||
Wyoming | No | Yes | Not legal | Not legal | No | None | No | None | State law pre-dates DOMA.[1] | |
State | Marriage | Same-sex unions | Notes | |||||||
Defined | Result | Civil Unions | Domestic Partnership | |||||||
Constitution | Statute | Licenses |
Clear now?
As much as it is a small victory for "States Rights" to one by one, individually fight in each state for the equal right of marriage for some, because it is not Federal, the laws do not follow over state lines.
How would you like it if you got married in one state, but the marriage was not legally binding in another?
How about Oregon, passed a law making gay marriage legal, then having it overturned & the marriages reversed?
Can you imagine getting the you are now "unmarried" due to political changes, notice in the mail??
Yes, No, Banned, Pending, Conditional, Postponed, Civil Unions, Domestic Partnership.... what a mess.
Speaking of messes, that State by State spreadsheet spilled over.
The "Notes" section will make your head spin:
California:
Same-sex marriage in California
Click here to go to the Wikipedia page site source.
Speaking of messes, that State by State spreadsheet spilled over.
The "Notes" section will make your head spin:
California:
Same-sex marriage in California
- 2 Attempts to pass marriage have been vetoed by Governor Arnold Schwarzenegger.
- Supreme Court struck down ban on same-sex marriage (In Re Marriage Cases).
- Proposition 8 qualifies by petition as an initiative for constitutional amendment to ban marriage.
Originally granting only hospital visitation rights, the scope of domestic partnerships was gradually expanded over a three-year period. Taking effect on January 1, 2005, A.B. 205 extended to domestic partnerships virtually all the legal rights and responsibilities of marriage in California. Thus, domestic partnership in California has been effectively transformed into a civil union status.
Iowa:
Same-sex marriage in IowaIn August 2007, Polk County judge ruled Iowa's statutory ban on same-sex marriage was unconstitutional, but ruling was quickly stayed and appealed. On appeal, the Iowa Supreme Court upheld the Polk County ruling in the case of Varnum v. Brien.
Legislative initiative to begin constitutionalban ballot process was unsuccessful in 2009. Republicans in opposition vow to push the issue in 2010 legislative session.
Washington: Same-sex couple who married elsewhere may register their marriage as a domestic partnership. The 2009 reforms called the"all-but-marriage" law will come into effect from December 3, 2009, since it wasapproved by voters by 53 percent.
4 comments:
the whole thing is so ridiculous. in 20 or 30 years, there will be marriage equality for everyone, and people will wonder what the big fuss was about.
I was thinking some playwright/author could write a great play/story about a gay couple traveling cross country. Married legally in NY, cross a state line you are *living in sin*/banned, cross another state line you are a civil union, unmarried again, then a domestic partner in yet another state.
But to think one could cross the state line & be unmarried has to be one of the shittiest civil/equal rights injustices of the 21st century.
What IS the big fuss about anyway?
Part of the big fuss is the Federal Gmnt has no spine & throws it to be a "states rights" issue.
Too much of a hot button issue.
Eventually it will wind up in the Supreme Court... just not this one stacked by the Bush family.
Batshit Bachmann is even worse.
I've taken a fair amount of flak from the O-Bots for letting President Pootie Tang have it for his weaseling on marriage equality.
But the final straw for me with him came when he gave a speech last week to a group of champagne queers at a LGBT/DNC event in Manhattan. He posited that marriage equality isn't a Federal matter but a states rights matter.
Pootie Tang said the following:
“Part of the reason that DOMA doesn’t make sense is that traditionally marriage has been decided by the states and right now, I understand there is a little debate going on here in New York about whether to join five other states and DC in allowing civil marriage for gay couples. And I want to say that under the leadership of Governor Cuomo, with the support of Democrats and Republicans, New York is doing exactly what democracies are supposed to to do. There is a debate, there is a deliberation about what it means here in New York to treat people fairly in the eyes of the law and that is — look, that’s the power of our democratic system.“
Imagine that? Just a couple of decades ago, Pootie Tang's mama wouldn't have been prevented from marrying her black, African husband thanks to miscegenation laws.
It wasn't until 1967, in Loving v. Virginia, the remaining anti-miscegenation laws were struck down as unconstitutional by the Supreme Court of the United States that such discrimination ended.
President Pootie Tang can't have it both ways. He can't say he's opposed to DOMA but believes marriage is between a man and a woman and hide behind the dreadful states rights as the standard.
But like most lawyers, Pootie Tang is a slippery devil.
Christopher~ When reasoning about if something is fair, I like to flip the circumstance.
What if hetero marriages were treated currently as gay marriages are?
Of course that would not be acceptable.
Your marriage expires @ the state border.
There are so many legal rights, not to mention just the peace of mind that a marriage is recognized universally, that go with the legal
recognition of being married.
That "States rights" & isn't democracy & debate wonderful line is spineless.
That is the "plan" Cheney & Bush had.
Civil & Equal rights should not be a haphazard
state by state nightmare.
Imagine if they told the black civil rights groups there would be no Federal enforcement of civil rights, each state would have to hash it out on their own?
DOMA does not make sense to
Here are some of the legal rights that married couples have and gays and lesbians are denied:
Joint parental rights of children
Joint adoption
Status as "next-of-kin" for hospital visits and medical decisions
Right to make a decision about the disposal of loved ones remains
Immigration and residency for partners from other countries
Crime victims recovery benefits
Domestic violence protection orders
Judicial protections and immunity
Automatic inheritance in the absence of a will
Public safety officers death benefits
Spousal veterans benefits
Social Security
Medicare
Joint filing of tax returns
Wrongful death benefits for surviving partner and children
Bereavement or sick leave to care for partner or children
Child support
Joint Insurance Plans
Tax credits including: Child tax credit, Hope and lifetime learning credits
Deferred Compensation for pension and IRAs
Estate and gift tax benefits
Welfare and public assistance
Joint housing for elderly
Credit protection
Medical care for survivors and dependents of certain veterans
These are just a few of the 1400 state and federal benefits that gays and lesbians are denied by not being able to marry. Most of these benefits cannot be privately arranged or contracted for within the legal system.
It's not an issue for him, because he's got his legally recognized marriage. And a tax cut for the wealthy to boot!
What's the problem??
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