Same-sex marriage legislation in the United States
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In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
or other types of
same-sex union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s. On June 26, 2015, the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled in the case of ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'' that a fundamental right to marry is guaranteed to same-sex couples by the Fourteenth Amendment, and that states must allow same-sex marriage.


Federal level

In 1996, the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
passed and President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
signed Public Law 104-199, the
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
(DOMA). Section 3 of DOMA defines "marriage" and "spouse" for purposes of both federal law and any ruling, regulation, or interpretation by an administrative bureau or agency of the United States government. The impact of Section 2 of DOMA, which relieves jurisdictions within the United States of any obligation to recognize same-sex relationships legally established in any other jurisdiction, is less clear. In ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'', the Supreme Court was asked to determine the constitutionality of Section 3 of DOMA, which defines marriage for federal purposes as the union of a man and a woman. On June 26, 2013, the Supreme Court ruled by a 5-4 vote that the Section 3 of DOMA is unconstitutional. The State Marriage Defense Act, introduced in the House of Representatives on January 9, 2014, would require the federal government to recognize the validity of a marriage based on a person's legal residence (place of domicile), rather than on the validity of the marriage when and where it was solemnized (place of celebration). The Obama administration has generally used the latter standard. Its sponsors described it as a way to clarify the federal government's response to ''Windsor'' and restore the ability of the a state to control the definition of marriage within its borders. In ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protect ...
'', the Supreme Court was asked to determine the constitutionality of state bans on same-sex marriage licenses as well as state bans on recognition of same-sex marriages from other states. On June 26, 2015, the court ruled by a 5-4 vote that the Fourteenth Amendment obliges states to license same-sex marriages and to recognize same-sex marriages from other states. In the , and Congresses, the
Respect for Marriage Act The Respect for Marriage Act (RFMA; ) is a landmark United States federal law passed by the 117th United States Congress and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal gover ...
(RFMA) was introduced by House and Senate Democrats to repeal DOMA. These efforts eventually prevailed in 2022, with the bill passing the House 267–157 and the Senate 61–36. President Joe Biden signed the bill into law on December 13, 2022.


State level


Efforts to enable same-sex unions

Votes by state legislatures to recognize various types of same-sex unions, sorted by date: Notes: * Veto overridden * People's veto ( Maine Question 1, 2009) * People's veto failed ( Washington Referendum 71, Washington Referendum 74,
Maryland Question 6 Question 6 (colloquially called the Maryland same-sex marriage referendum) is a referendum that appeared on the general election ballot for the U.S. state of Maryland to allow voters to approve or reject the Civil Marriage Protection Act—a bi ...
) * The bill was allowed to lapse into law.


Efforts to prohibit same-sex unions

Votes by state legislatures to prohibit recognition of various types of same-sex unions, sorted by date: Notes: * On June 26, 2015, the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled in the case of ''Obergefell v. Hodges'' that a fundamental right to marry is guaranteed to same-sex couples by the Fourteenth Amendment, and that states must allow same-sex marriage. * Subsequently repealed. * The bill was allowed to lapse into law. * Veto overridden.


Attempts to establish same-sex unions via initiative or statewide referendum


Efforts to enable ban amendment

Notes: * Subsequently repealed.


Efforts to ban same-sex unions by constitutional amendment

The following table shows all popular vote results regarding state constitutional amendments concerning same-sex marriage, and in some cases civil unions and domestic partnerships. The Hawaii amendment is different in that it granted the legislature authority to "reserve marriage to opposite-sex couples" (which the legislature had already done). Notes: * On June 26, 2015, the Supreme Court of the United States ruled in the case of ''Obergefell v. Hodges'' that a fundamental right to marry is guaranteed to same-sex couples by the Fourteenth Amendment, and that states must allow same-sex marriage. * On June 26, 2013, the United States Supreme Court ruled that supporters of the measure did not have standing in federal court to defend th
August 2010 ruling
by Northern District of California's Chief Judge Vaughn Walker that the amendment was unconstitutional under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, effectively killing the ballot initiative. * Does not explicitly define marriage, but allows the legislature to define marriage. * On June 28, 2013, U.S. District Judge
David M. Lawson David M. Lawson (born January 11, 1951) is a Senior United States district judge of the United States District Court for the Eastern District of Michigan. Education and career Born in Detroit, Michigan, Lawson graduated from Brother Rice High ...
issued a preliminary injunction blocking the state from enforcing its law banning local governments and school districts from offering health benefits to their employees' domestic partners. * On December 20, 2013, Judge Robert J. Shelby of Federal District Court for the District of Utah, issued a 53-page ruling that said Utah's law, which was passed by voters in 2004, violated the US Constitutional rights of gay and lesbian couples to due process and equal protection under the 14th Amendment. * Subsequently repealed.


''Post-Obergefell'' attempts to repeal constitutional amendments banning same-sex unions


Proposed attempts to constitutionally block same-sex unions


Efforts to ban same-sex unions by statute

The following consists of votes by statutory initiatives that ban same-sex marriage and/or civil unions and domestic partnerships: Notes: * There is a debate as to whether the adoption of Prop 22 only prohibited California from recognizing same-sex marriages performed in other states. * In March 2005, Judge Richard Kramer ruled there appeared to be no rational state compelling interest in limiting marriage to heterosexual couples. His ruling was appealed to the California Court of Appeal for the 1st District, which upheld Proposition 22 on October 5, 2006. The Supreme Court of California ruled on May 15, 2008, that Proposition 22 is unconstitutional and it was struck down by the state's highest court. * Subsequently repealed by state legislature.


Lawsuits seeking to overturn statutory bans

The following lists cases seeking to overturn marriage bans:


See also

*
Same-sex marriage in the United States The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each ...
* Same-sex marriage status in the United States by state *
Same-sex marriage law in the United States by state This article summarizes the same-sex marriage laws of states in the United States. Via the case '' Obergefell v. Hodges'' on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide ...
*
Same-sex marriage in tribal nations in the United States The Supreme Court decision in ''Obergefell v. Hodges'' that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress (not the federal courts) has l ...
*
Same-sex union legislation Same-sex marriage is legal in the following countries: Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Nether ...
*
Divorce of same-sex couples The extension of civil marriage, union, and domestic partnership rights to same-sex couples in various jurisdictions can raise legal issues upon dissolution of these unions that are not experienced by opposite-sex couples, especially if law of ...


References

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