User:Mimich/Sandbox 1
Laws permitting civil unions or domestic partnerships
Same sex marriage, civil unions, and domestic partnerships prohibited]]
M? Same sex marriage allowed soon ?
U Civil Union when same sex marriage not allowed
P Domestic partnership when same sex marriage not allowed
No state law banning same sex marriage (however, judicial or executive rulings prevent same sex marriage)
State law banning same sex marriage
State law banning same sex marriage and civil unions
Amendment bans same-sex marriage
Amendment bans same-sex marriage and civil unions
Bans gay marriage, civil unions, and any marriage-like contract between unmarried persons]]
Same-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." In 2003, the U.S. Supreme Court's decision in Lawrence v. Texas paved the way for same-sex marriage to emerge as a hot-button political issue. Since Massachusetts became the first state to legalize same-sex marriage in 2004, other states have rushed to either restrict or liberalize their own marriage laws.
This article tracks the status of those laws. It is intended only as a resource for the bottom line current legal status of same-sex unions right now regardless of pending litigation. See same-sex marriage legislation in the United States for the outcome of specific legislation and same-sex marriage legislation in the United States by state for detailed descriptions.
Marriage is defined as the union of one man and one woman in at least 42 states.[1] Currently, 27 states have added defense of marriage amendments to their constitutions. There is one state that recognizes same-sex marriages, and a total of six (plus the District of Columbia) that recognize some form of same-sex civil unions or domestic partnerships. [2]
State-by-state listing
[edit]Below is the status of the law in each of the 50 states, plus the District of Columbia. AS OF 23 April 2007 !
- The Marriage Defined column tells whether that state contains any statutes or constitutional language that defines marriage as between a man and a woman or otherwise bans same-sex marriages.
- The Constitution sub-column gives links to the constitutionnal amendment story, if existing.
- The Statute leads to the corresponding section of Same-sex marriage legislation in the United States by state to afford full legislation about constitution and statutes. (Under construction, if not afforded, see HRC and Domawatch links below that page).
- The other links (licences - Civil unions status - domestic partnership status - provides for appropriate page denominations according to marriage - civil unions - domeptic partnership and shows the existing pages if the link is active. Civil unions denomination is left in the plural form because it is the rule used for other countries (see Category:Marriage, unions and partnerships by country below )
- The details for the marriage recognition (Recogn.) are to be find with the marriage licence link when active. Since a constitutionnal ban is potentially for a quite long term, I have merged the marriage licence and recognition in such case for relevant states.
- Def. means constitutionnal definition amendment for the corresponding unions or partnership. When it happens to be the same constitutionnal definition amendment as the link in the Marriage Defined - Constitution column, I have merged the Def. and Status column. Otherwise another link is proposed to the other relevant amendment in the Def. column in relevant cases.
- The blue squares show what is allowed and green ones, potential changes in nearby future.
- The notes column gives better detail and recent possibilities.
| 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
|
Rejected | Yes | Not legal | Not legal | No | None | No | None | Constitutional amendment narrowly rejected by voters | |
 Arkansas
|
Yes | Yes | Banned | Banned | No | None | ||||
 California
|
No | Yes (°) | Not legal* | Not legal | No | None but |
No | Legal | Main article: Same-sex marriage in California* ° Attempts to pass marriage is vetoed by Governor Arnold Schwarzenegger. ° A Supreme Court decision is expected. ° Petitions are made to start a ban ballot. 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 | None | NO! | Rejected | On November 2006 ballot, Colorado banned marriage but rejected a referendum to allow a "civil union"-like domestic partnership, sustained by a constitutionnal amendment. See also this table | ||
 Connecticut
|
No | Yes | Not legal but bill proposed* |
Not legal | No | Legal | ? | ? | Main article: Same-sex marriage in Connecticut* Does not award marriage licenses to same-sex couples but the civil unions confer "all of the state-level spousal rights and responsibilities."[2] | |
 Delaware
|
No | Yes | Not legal | Not legal | No | None | No | None | ||
 District ofColumbia |
No | No | Not legal | Not legal | No | None | No | Legal* | Main article: Domestic partnership in District of Columbia*
Enacted 1992; implemented 2002; expanded 2006 | |
| State | Marriage | Same-sex unions | Notes | |||||||
| Defined | Result | Civil Unions | Domestic Partnership | |||||||
| Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status | |||
 Florida
|
No | Yes | Not legal | Not legal | No | None | No | None | Petitions are made to start a ban ballot. | |
 Georgia
|
Yes | Yes | Banned | Banned | No | None | ||||
 Hawaii
|
Yes | Yes | Ban permitted Not legal. |
Not legal | No | None (proposed) |
No | Legal* | Minimal benefits, available to all adults, including relatives; official terminology is reciprocal beneficiary relationship*.[2] Bill proposed to afford civil unions but killed in Judiciary Committee. | |
 Idaho
|
Yes | Yes | Banned | No | None | No | None | |||
 Illinois
|
No | Yes | Not legal | Not legal | No | None but proposed | 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 | Yes | Not legal | Not legal | No | None | No | None | Idem (see above link). | |
 Kansas
|
Yes | Yes | Banned | Banned | No | None | ||||
 Kentucky
|
Yes | Yes | Banned | Banned | No | None | ||||
 Louisiana
|
Yes | Yes | Banned | Banned | No | None | ||||
 Maine
|
No | Yes | Not legal | Not legal | No | None | No | Legal* | Main article: Domestic partnership in Maine* The Maine Domestic Partnership act came into effect on July 30, 2004.[1] | |
 Maryland
|
No | Yes | Not legal* | Not legal | No | None | No | None | 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* | |
| State | Marriage | Same-sex unions | Notes | |||||||
| Defined | Result | Civil Unions | Domestic Partnership | |||||||
| Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status | |||
 Michigan
|
Yes | Yes | Banned | Banned | No | None | ||||
 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 | EVERYTHING IS BANNED ! | ||||
 Nevada
|
Yes | Yes | Banned | No | None | No | None | |||
 New Hampshire
|
No | Yes | Not legal | Not legal | No | None but proposed |
No | None | State law pre-dates DOMA.[1] Proposals to introduce civil unions passed the House and OK for governor. | |
 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.[3] 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
|
No | No | Not allowed by court* |
None | No | None | No | None | Main article: Same-sex marriage in New York* | |
| State | Marriage | Same-sex unions | Notes | |||||||
| Defined | Result | Civil Unions | Domestic Partnership | |||||||
| Constitution | Statute | Licenses | Recogn. | Def. | Status | Def. | Status | |||
 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 | None but proposed |
No | None | Main article: Same-sex marriage in Oregon* Bill proposed to afford "civil union"-like legal package. | ||
 Pennsylvania
|
No | Yes | Not legal | Not legal | No | None | No | None | Petitions are made to start a ban ballot. | |
 Rhode Island
|
No | No | None | Yes | 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). 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 Massachussetts according to the Attorney General. | |
 South Carolina
|
Yes | Yes | Banned | Banned | Yes | OK for them |
||||
 South Dakota
|
Yes | Yes | Banned | Banned | Banned | EVERYTHING IS 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 | Yes | Not legal but proposed |
Not legal | No | Legal | No | None | Vermont civil unions provide same-sex couples access to state-level marriage benefits.[1] Parties to a civil union are entitled to all of the state-level spousal rights and responsibilities and only for couples who live in the state of Vermont.[2] A proposition is made to legalize marriage. | |
 Virginia
|
Yes | Yes | Banned | Banned | Banned | EVERYTHING IS BANNED ! | ||||
 Washington
|
No | Yes | Not legal * |
Not legal | No | None | No | Legal | Main article: Same-sex marriage in Washington * | |
 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 | No | None | ||||
 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 | Recogn. | Def. | Status | Def. | Status | |||
See also
[edit]In General
[edit]In USA
[edit]- Same-sex marriage in the United States
- Same-sex marriage in the United States public opinion
- Same-sex marriage legislation in the United States
- Same-sex marriage legislation in the United States by state
- Same-sex marriage status in the United States by state !!!!!!!! effacer lien dans la page définitive !!!!!!!!!!!!!!!!!!
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- Defense of marriage amendment
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Freedom to Marry Coalition
References
[edit]- ^ a b c d e f Stateline.org 50-state rundown on gay marriage laws Accessed November 14, 2006
- ^ a b c d e Human Rights Campaign State by State Information Accessed November 14, 2006
- ^ http://www.judiciary.state.nj.us/opinions/supreme/a-68-05.pdf
For the checking purpose proposed above the table,
type : Category:Marriage, unions and partnerships by country
instead of
Same-sex_marriage_legislation_in_the_United_States_by_state
(this sentence avoids this sandbox to be in the category page - in the real page the category link will be done correctly)
Timetable of same-sex marriage enforcements
[edit]Same-sex marriage has been legally in force since:
- April 1 2001 : Netherlands - 1st Nation to allow it nationwide
- June 1 2003 : Belgium - 2nd Nation to allow it nationwide
- June 10 , 2003 : Canada - province of Ontario
- July 8, 2003 : Canada - province of British Columbia
- March 19, 2004 : Canada - province of Quebec since
- May 17, 2004 : USA - Commonwealth of Massachusetts
- July 14, 2004 : Canada - Yukon territory
- September 16, 2004 : Canada - province of Manitoba
- September 24, 2004 : Canada - province of Nova Scotia
- November 5, 2004 : Canada - province of Saskatchewan
- December 21, 2004 : Canada - province of Newfoundland and Labrador
- June 23 , 2005 : Canada - province of New Brunswick
- July 3, 2005 : Spain - 3rd Nation to allow it nationwide
- July 20, 2005 : Canada - 4th Nation to allow it nationwide
- December 1, 2006 : South Africa - 5th Nation to allow it nationwide
| Date | Country Name | Juridiction Name | Nation | Juridiction |
|---|---|---|---|---|
| April 1 2001 | Netherlands | Nationwide | 1st | 1st |
| June 1 2003 | Belgium | Nationwide | 2nd | 2nd |
| June 10 , 2003 | Canada | province of Ontario | 3rd | |
| July 8, 2003 | Canada | province of British Columbia | 4th | |
| March 19, 2004 | Canada | province of Quebec | 5th | |
| May 17, 2004 | USA | Commonwealth of Massachusetts | 6th | |
| July 14, 2004 | Canada | Yukon territory | 7th | |
| September 16, 2004 | Canada | province of Manitoba | 8th | |
| September 24, 2004 | Canada | province of Nova Scotia | 9th | |
| November 5, 2004 | Canada | province of Saskatchewan | 10th | |
| December 21, 2004 | Canada | province of Newfoundland and Labrador | 11th | |
| June 23 , 2005 | Canada | province of New Brunswick | 12th | |
| July 3, 2005 | Spain | Nationwide | 3rd | 13 th |
| July 20, 2005 | Canada | Nationwide | 4th | 14th |
| July 20, 2005 | Canada | province of Alberta | 14th | |
| July 20, 2005 | Canada | province of Prince Edward Island | 14th | |
| July 20, 2005 | Canada | Nunavut territory | 14th | |
| July 20, 2005 | Canada | Northwest Territories | 14th | |
| December 1, 2006 | South Africa | Nationwide | 5th | 18th |
Timetable of same-sex unions enforcements
[edit]
| Date | Country Name | Juridiction Name |
Legislation Name | Nation | Juridiction |
|---|---|---|---|---|---|
| October 1, 1989 | Denmark | Nationwide | Registreret partnerskab (registered partnership) | ||
| August 1, 1993 | Norway | Nationwide | Registrert partnerskap (registered partnership) | ||
| (1994) | Israel 1 | Nationwide | |||
| January 1, 1995 | Sweden (June 23, 1994) | Nationwide | Registrerat partnerskap (registered partnership) | ||
| (1996) | Denmark | Greenland | Registreret partnerskab (registered partnership) | ||
| (1996) | Hungary 1 | Nationwide | |||
| (1996) | Iceland | Nationwide | Staðfesta samvist (confirmed cohabitation) | ||
| (1999) | France | Nationwide | Pacte civil de solidarité (civil solidarity pact) | ||
| (2001) | Germany | Nationwide | Eingetragene Lebenspartnerschaft (registered life partnership) |
||
| (2001) | Portugal | Nationwide | União de facto (De facto union) | ||
| (2002) | Finland | Nationwide | Rekisteröity parisuhde (registered partnership) | ||
| (2003) | Croatia 1 | Nationwide | |||
| (2003) | Austria 1 | Nationwide | |||
| (2004) | Luxembourg | Nationwide | Partenariat enregistré/eingetragene partnerschaft (registered partnership) |
||
| (2005) | New Zealand | Nationwide | Civil union | ||
| (2005) | United Kingdom | Nationwide | Civil partnership | ||
| (2005) | Andorra | Nationwide | Unio estable de parella (stable union of pairs) | ||
| July 1, 2006 | Czech Republic | Nationwide | Registrované partnerství (registered partnership) | ||
| July 23, 2006 | Slovenia (July 2005) | Nationwide | Registrirana istospolna partnerska skupnost | ||
| (2007) | Switzerland | Nationwide | Partenariat enregistré/Eingetragene Partnerschaft (registered partnership) |
RHODE ISLAND LEGISLATURE
[edit]House Bill No.5356 {LC775/1} by Crowley (D), Coderre E (D), Shanley (D), Lally (D), Jackson (D) = C.U. Anti-M
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS -- CIVIL UNIONS
(create a law to authorize civil unions including the requirements, procedures and dissolution thereof) Marriage = man + woman !!
February 07 2007 Introduced, referred to House Judiciary
House Bill No.5643 {LC1995/1} by McManus (R), Ajello (D), Story (R) = C.U. paraM
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS
(provide for civil unions in Rhode Island)
February 28 2007 Introduced, referred to House Judiciary
House Bill No.6081 {LC709/1} by Handy (D), Fox (D), Ajello (D), Gemma (D), Almeida (D) = Pro-M
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY
(broaden the definition of persons eligible to marry to include persons of the same gender/also provide that members of the clergy would not be required to officiate at any particular marriage)
March 01 2007 Introduced, referred to House Judiciary
House Bill No.6159 {LC2610/1} by San Bento (D), Corvese (D), Palumbo (D), Brien (D), Melo (D) = Anti-M
ENTITLED : AN ACT RELATING TO DOMESTIC RELATIONS -- PERSONS ELIGIBLE TO MARRY
March 14 2007 Introduced, referred to House Judiciary
| District | Representative | Party | Residence | C.U. Anti-M Feb.7 |
C.U. paraM Feb.28 |
Pro-M Mar.1 |
Anti-M Mar.14 |
|---|---|---|---|---|---|---|---|
| 33 | Donald J. Lally, Jr. | D | Narragansett | X | |||
| 35 | John P. Shanley, Jr. | D | South Kingstown | X | |||
| 60 | Elaine A. Coderre | D | Pawtucket | X | |||
| 73 | J. Russell Jackson | D | Newport | X | |||
| 75 | Paul W. Crowley | D | Newport | X | |||
| 46 | William J. McManus | R | Lincoln | X | |||
| 66 | Susan Story | R | Barrington | X | |||
| 3 | Edith H. Ajello | D | Providence | X | X | ||
| 4 | Majority Leader Gordon D. Fox | D | Providence | X | |||
| 12 | Joseph S. Almeida | D | Providence | X | |||
| 18 | Arthur Handy | D | Cranston | X | |||
| 20 | Al Gemma | D | Warwick | X | |||
| 16 | Peter G. Palumbo | D | Cranston | X | |||
| 50 | Todd R. Brien | D | Woonsocket | X | |||
| 55 | Arthur J. Corvese | D | North Providence | X | |||
| 58 | William San Bento, Jr. | D | Pawtucket | X | |||
| 64 | Helio Melo | D | East Providence | X |