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Same-Sex Marriage: What Are the Laws in Your State?
Compiled by the DiversityInc staff
January 23, 2008
How does your state measure up on same-sex marriage? Are gay and lesbian couples allowed to enter into civil unions? Do the same laws that apply in your state apply when you go elsewhere? Some states have important caveats in their laws.
Even if a state recognizes civil unions for same-sex couples, for example, these couples may not be entitled to federal protections or be recognized in other states. In some states, same-sex civil unions afford same-sex couples all the rights and benefits of marriage. In other states, they may not. Check out this chart documenting same-sex-marriage legislation in all 50 states to find out where your state stands on the issues.
Sources: Human Rights Campaign; Kentucky State Legislature; Louisiana State Legislature
| State |
Allows Same-Sex Marriages |
Allows Civil Unions |
Honors Laws in Other States |
| Alabama |
-- |
-- |
-- |
| Alaska |
-- |
-- |
-- |
| Arizona |
-- |
-- |
-- |
| Arkansas |
-- |
-- |
-- |
California
|
vThe California Supreme Court has ruled that same-sex couples have a constitutional right to marry. |
v Assembly Bill 205 extends all of the state-level rights and responsibilities of marriage to domestic partners |
-- |
| Colorado |
-- |
-- |
-- |
Connecticut
-
|
-- |
v Same-sex couples get some benefits of marriage under state law, but no federal protections |
-- |
| Delaware |
-- |
-- |
-- |
District of Columbia
|
-- |
v Grants same-sex civil-union partners the right to hospital visitation, make medical decisions, control remains of a deceased partner, take sick leave to care for a partner and sue for the wrongful death of a partner |
No explicit prohibition |
Florida
|
-- |
-- |
-- |
Georgia
|
-- |
-- |
-- |
Hawaii
|
-- |
v Same-sex couples get some rights: inheritance without a will, sue for the wrongful death of a partner, hospital visitation and healthcare decisions, consent to postmortem exams, loan eligibility, property rights, tort liability and protection under state domestic- violence laws |
-- |
Idaho
|
-- |
-- |
-- |
Illinois
|
-- |
-- |
-- |
Indiana
|
-- |
-- |
-- |
Iowa
|
-- |
-- |
-- |
Kansas
|
-- |
-- |
-- |
| Kentucky |
-- |
-- |
-- |
| Louisiana |
-- |
-- |
-- |
Maine
|
-- |
v Registered couples can inherit a deceased partner's property if he or she dies without a will, make funeral arrangements, be guardian or conservator if partner becomes incapacitated, administer a deceased partner's estate, make organ and tissue donations and are protected by state domestic-violence laws |
-- |
|
Maryland
|
-- |
-- |
-- |
| Massachusetts |
v |
v |
No explicit prohibition |
| Michigan |
-- |
-- |
-- |
| Minnesota |
-- |
-- |
-- |
| Mississippi |
-- |
-- |
-- |
| Missouri |
-- |
-- |
-- |
| Montana |
-- |
-- |
-- |
| Nebraska |
-- |
-- |
-- |
| Nevada |
-- |
-- |
-- |
New Hampshire
|
-- |
v Civil-union partners are entitled to all state-level spousal rights and responsibilities |
-- |
| New Jersey |
-- |
v Couples in civil unions get all the same rights as married couples |
No explicit prohibition |
| New Mexico |
-- |
-- |
-- |
| New York |
-- |
v No statewide registry for same-sex couples; domestic partners can visit in the hospital and have priority in disposing of each others' remains |
v |
| North Carolina |
-- |
-- |
-- |
| North Dakota |
-- |
-- |
-- |
South Carolina
|
-- |
-- |
-- |
| Ohio |
-- |
-- |
-- |
| Oklahoma |
-- |
-- |
-- |
| Oregon |
-- |
v Domestic partnerships offer same-sex couples the benefits of marriage under state law, but none of the federal protections such as Social Security survivor benefits |
-- |
| Pennsylvania |
-- |
-- |
-- |
Rhode Island
|
No explicit prohibition |
v Surviving partner of a police officer, fire fighter or correctional officer can receive a death benefit, be offered health insurance for purchase, and deduct insurance premiums from federal adjusted gross income for state tax purposes |
Yes, but ultimately up to the courts |
| South Carolina |
-- |
-- |
-- |
|
Tennessee
|
-- |
-- |
-- |
South Dakota
|
-- |
-- |
-- |
| Texas |
-- |
-- |
-- |
| Utah |
-- |
-- |
-- |
Vermont
|
-- |
v Same-sex couples who are state residents can receive the same state protections, benefits and responsibilities that are granted to married couples |
-- |
Virginia
|
-- |
-- |
-- |
Washington
|
-- |
v Registered couples can inherit a deceased partner's property if he or she dies without a will, administer a deceased partner's estate, visit a partner in the hospital and receive the same power of attorney |
-- |
West Virginia
|
-- |
-- |
-- |
Wisconsin
|
-- |
-- |
-- |
Wyoming
|
-- |
-- |
-- |
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