36 States with Legal Gay Marriage and 14 States with Same-Sex Marriage Bans - Gay Marriage

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Last updated on: 1/13/2015 8:14:51 AM PST

36 States with Legal Gay Marriage and 14 States with Same-Sex Marriage Bans

(dates reflect when laws took effect)

States Have Legal Same-Sex Marriage

by Court Decision
Alaska (Oct. 17, 2014), Arizona (Oct. 17, 2014), California (June 28, 2013), Colorado (Oct. 7, 2014), Connecticut (Nov. 12, 2008), Florida (Jan. 6, 2015), Idaho (Oct. 13, 2014), Indiana (Oct. 6, 2014), Iowa (Apr. 24, 2009), Kansas (Nov. 12, 2014), Massachusetts (May 17, 2004), Montana (Nov. 19, 2014), Nevada (Oct. 9, 2014), New Jersey (Oct. 21, 2013), New Mexico (Dec. 19, 2013), North Carolina (Oct. 10, 2014), Oklahoma (Oct. 6, 2014), Oregon (May 19, 2014), Pennsylvania (May 20, 2014), South Carolina (Nov. 20, 2014), Utah (Oct. 6, 2014), Virginia (Oct. 6, 2014), West Virginia (Oct. 9, 2014), Wisconsin (Oct. 6, 2014), Wyoming (Oct. 21, 2014)

by State Legislature
Delaware (July 1, 2013), Hawaii (Dec. 2, 2013), Illinois (June 1, 2014), Minnesota (Aug. 1, 2013), New Hampshire (Jan. 1, 2010), New York (July 24, 2011), Rhode Island (Aug. 1, 2013), Vermont (Sep. 1, 2009)

by Popular Vote
Maine (Dec. 29, 2012), Maryland (Jan. 1, 2013), Washington (Dec. 9, 2012)

Washington, DC legalized gay marriage on Mar. 3, 2010, the date marriage licenses became available to same-sex couples.

States Ban Same-Sex Marriage

by Constitutional Amendment and State Law
Alabama (2006, 1998), Arkansas (2004, 1997), Georgia (2004, 1996), Kentucky (2004, 1998), Louisiana (2004, 1999), Michigan (2004, 1996), Mississippi (2004, 1997), Missouri (2004, 1996), North Dakota (2004, 1997), Ohio (2004, 2004), South Dakota (2006, 1996), Tennessee (2006, 1996), Texas (2005, 1997)

1	by Constitutional Amendment only Nebraska (2000)

	_____________________________________________________
7	*states where gay marriage bans have been overturned, but where appeals are in progress*

In 2013 and 2014, following the US Supreme Court's United States v. Windsor decision, gay marriage bans were overturned by court rulings in several states, but those rulings were put on hold pending appeals to the US Supreme Court. On Oct. 6, 2014, the Supreme Court declined to hear appeals from five of those states, and the decision immediately cleared the way for legal gay marriage in Indiana, Oklahoma, Utah, Virginia, and Wisconsin. Six other states, Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming, were also potentially affected by the Supreme Court ruling because they were in the jurisdictions of the lower courts that had overturned the gay marriage bans.

ARKANSAS – On May 9, 2014, Arkansas' gay marriage ban was ruled unconstitutional by Pulaski County Circuit Judge Chris Piazza. Arkansas had previously banned gay marriage by both state law and voter-approved constitutional amendment. Some Arkansas counties began issuing marriage licenses to same-sex couples on May 10, 2014, while other counties refused to issue licenses. Arkansas Attorney General Dustin McDaniel requested that the State Supreme Court put a stay on Judge Piazza's ruling, but the request was denied on May 14, 2014. The Supreme Court effectively halted gay marriages from taking place, however, by noting that while Judge Piazza's ruling had struck down both the constitutional amendment and the state law, it had not affected an additional state law prohibiting county clerks from issuing same-sex marriage licenses. 456 licenses had been issued in total. On May 15, 2014, Judge Piazza expanded his ruling to strike down the additional law and any other measures that made gay marriage illegal, but on May 16, 2014 the State Supreme Court suspended that ruling, halting all gay marriages within the state. On Nov. 25, 2014, US District Judge Kristine Baker ruled the state's gay marriage ban unconstitutional, but stayed her own ruling, pending expected appeals.

KENTUCKY – On July 1, 2014, US District Judge John G. Heyburn II ruled that Kentucky's constitutional amendment banning gay marriage violates the equal protection clause in the US Constitution. Judge Heyburn stated that the ban serves "no conceivable legitimate purpose," but stayed his own decision, pending the state's appeal. On Nov. 6, 2014, a three-judge panel of the Sixth US Circuit Court of Appeals overturned Judge Heyburn's ruling 2-1, thus upholding the state's gay marriage ban. An appeal to either the full bench of the court or directly to the US Supreme Court is expected.

MICHIGAN – On Mar. 21, 2014, a federal judge ruled Michigan's gay marriage ban unconstitutional. US District Judge Bernard Friedman wrote that "Today's decision... affirms the enduring principle that regardless of whoever finds favor in the eyes of the most recent majority, the guarantee of equal protection must prevail." Around 300 same-sex couples received marriage licenses before the US 6th Court of Appeals issued a stay on the decision on Mar. 22, 2014, making same-sex marriage illegal again in Michigan, pending the appeal process. On Mar. 28, 2014, US Attorney General Eric Holder stated that the marriages performed prior to the stay being issued would be recognized by the federal government: "These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages." On Nov. 6, 2014, a three-judge panel of the Sixth US Circuit Court of Appeals overturned Judge Friedman's ruling 2-1, thus upholding the state's gay marriage ban. An appeal to either the full bench of the court or directly to the US Supreme Court is expected.

MISSISSIPPI – On Nov. 25, 2014, US District Judge Carlton Reeves ruled the state's gay marriage ban unconstitutional, but stayed his own ruling, pending expected appeals.

MISSOURI – On Nov. 5, 2014, St. Louis Circuit Judge Rex Burlison ruled that the state's gay marriage ban is unconstitutional. The ruling only applies to St. Louis, where same-sex couples began applying for marriage licenses shortly after the decision. On Nov. 7, 2014, US District Judge Ortrie D. Smith also ruled that the state's ban is unconstitutional, but stayed his own ruling. Missouri Attorney General Chris Koster announced that he will appeal the ruling to the Eighth US Circuit Court of Appeals.

SOUTH DAKOTA – On Jan. 12, 2015, US District Judge Karen Schreier ruled South Dakota's gay marriage ban unconstitutional, stating that "Plaintiffs have a fundamental right to marry... South Dakota law deprives them of that right solely because they are same-sex couples and without sufficient justification." The ruling was put on hold pending the state's appeal to the 8th US Circuit Court of Appeals.

TEXAS – On Feb. 26, 2014, a federal judge ruled Texas' gay marriage ban unconstitutional. Judge Orlando Garcia wrote "Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuges in our U.S. Constitution." He then stayed his own decision pending appeal to the Fifth Circuit Court of Appeals, leaving same-sex marriage illegal in Texas.

Timeline of Same-Sex Marriage Bans and Legalizations by Effective Date of Laws

Gay marriage 36 states legal 14 states banned

Sources:

Associated Press, "Appeals Court Halts Gay Marriages in Alaska," usatoday.com, Oct. 15, 2014
Associated Press, "Federal Judge Strikes Down SC Gay Marriage Ban," washingtonpost.com, Nov. 12, 2014
Associated Press, "Judge Rules SD Same-Sex Marriage Ban Unconstitutional," nytimes.com, Jan. 12, 2015
Associated Press, "Justice Kennedy Blocks Gay Marriage Ruling for Idaho, Nevada," usatoday.com, Oct. 8, 2014
Associated Press, "'We're Walking on Clouds': Gay Marriages Begin in Nevada," nbcnews.com, Oct. 9, 2014
Saeed Ahmed, "Judge Overturns Alaska's Same-Sex Marriage Ban That Dates to 1998," cnn.com, Oct. 13, 2014
Cable News Network (CNN) staff, "Federal Judge Overturns Montana's Ban on Same-Sex marriage," cnn.com, Nov. 19, 2014
Curt Anderson, "Federal Judge Rules Florida Gay Marriage Ban Unconstitutional, but Delays Issuing of Licenses," ap.org, Aug. 21, 2014
Curt Anderson, "Judge Won't Lift Fla. Keys Gay Marriage Stay," ap.org, July 21, 2014
Curt Anderson, "Ruling Allows Same-Sex Marriages for Florida Keys," ap.org, July 17, 2014
Joseph Ax and Edith Honan, "New Jersey Judge Allows Same-Sex Marriage," reuters.com, Sep. 27, 2013
David Bailey, "Minnesota Governor Signs Bill Legalizing Gay Marriage," reuters.com, May 14, 2013
David Bailey and Kevin Murphy, "Kansas Ban on Same-Sex Marriage Unconstitutional: Judge," reuters.com, Nov. 4, 2014
Robert Barnes, "Federal Judge Strikes Down Va. Ban on Gay Marriage," washingtonpost.com, Feb. 14, 2014
Steve Barnes and Emily Le Coz, "U.S. Judges Overturn Gay Marriage Bans in Arkansas, Mississippi," reuters.com, Nov. 26, 2014
Eve Batey, "Farewell Prop 8: SF City Attorney Vows to Litigate Aggressively to Ensure Marriage Equality for California," www.sfappeal.com, June 26, 2013
Barb Berggoetz, "Indiana Won't Recognize Same-Sex Marriages Performed Last Month," indystar.com, July 9, 2014
Greg Botelho, "Same-Sex Marriages on Hold in Idaho, Given Go-Ahead in Arkansas," cnn.com, May 15, 2014
Greg Botelho and Bill Mears, "Texas Ban on Same-Sex Marriage Struck Down by Federal Judge," cnn.com, Feb. 27, 2014
Cable News Network (CNN), "Same-Sex Marriage in the United States," cnn.com, Oct. 14, 2014
Cindy Carcomo, "New Mexico Becomes Latest State to Legalize Gay Marriage," latimes.com, Dec. 19, 2013
Andrew DeMillo, "Arkansas High Court Suspends Gay Marriage Ruling," ap.org, May 16, 2014
Andrew DeMillo and Christiana Huynh, "Judge Strikes All Arkansas Bans on Gay Marriage," ap.org, May 15, 2014
Doug Denison, "Gay Marriage in Delaware to Become Legal July 1," www.delawareonline.com, May 7, 2013
Lyle Denniston, "Same-Sex Marriage May Go Ahead in Kansas," scotusblog.com, Nov. 12, 2014
Lyle Denniston, "Sixth Circuit: Now, a Split on Same-Sex Marriage," scotusblog.com, Nov. 6, 2014
Erik Eckholm, "Same-Sex Marriage Gains Cheer Gay Rights Advocates," www.nytimes.com, Nov. 7, 2012
Erik Eckholm, "Oklahoma’s Ban on Gay Marriage Is Unconstitutional, Judge Rules," www.nytimes.com, Jan. 14, 2014
Zachary Fagenson, "State Judge Strikes Down Florida's Gay Marriage Ban, Stays Ruling," reuters.com, July 25, 2014
Zack Ford, "Federal Judge Orders Indiana to Recognize Terminally Ill Woman’s Same-Sex Marriage," thinkprogress.org, Apr. 10, 2014
Andrew M. Francis, Hugo M. Mialon, and Handoe Peng, "In Sickness and in Health: Same Sex Marriage Laws and Sexually Transmitted Infections, Appendix: Legal References and Notes," Emory Law and Economics Research Paper No 11-97, www.emory.edu (accessed Aug. 10, 2012)
Human Rights Campaign, "Marriage Center," www.hrc.org (accessed Aug. 10, 2012)
Lawrence Hurley, "Supreme Court Allows Gay Marriage to Proceed in South Carolina," reuters.com, Nov. 20, 2014
Rachel La Corte, "Washington Voters Approve Gay Marriage," Associated Press, Nov. 9, 2012
Lambda Legal, "In Your State," www.lamdbalegal.org (accessed Aug. 10, 2012)
William P. LaPiana, "Domestic Partnership Chart," www.actec.org (accessed Aug. 10, 2012)
Tom LoBianco, "Court Puts Indiana Gay Marriage Ruling on Hold," ap.org, June 27, 2014
Marriage Law Foundation, "Marriage Statutes," www.marriagelawfoundation.org (accessed Aug. 10, 2012)
Bob Moen, Associated Press, "Wyoming Becomes Latest to Legalize Gay Marriage," abcnews.go.com, Oct. 21, 2014
Michael Muskal and Maura Dolan, "As Colorado Issues Gay Marriage Licenses, 9th Circuit Joins Chorus," latimes.com, Oct. 7, 2014
National Conference of State Legislatures, "Child Support and Family Law," www.ncsl.org (accessed Aug. 10, 2012)
Scott Neuman, "Federal Court Rules Against Missouri's Gay Marriage Ban," npr.org, Nov. 7, 2014
Brendan O'Brien, "Gay Marriage on Hold in Wisconsin Pending Appeal," reuters.com, June 13, 2014
Evan Perez and Tom Cohen, "Holder: Government to Recognize Michigan Gay Marriages," cnn.com, Mar. 28, 2014
Adam Polaski, "Federal Judge Rules in Missouri, Paving Way for the Freedom to Marry in Show Me State," freedomtomarry.org, Nov. 7, 2014
Adam Polaski, "St. Louis, Missouri to Begin Issuing Marriage Licenses after Victory in State Court," freedomtomarry.org, Nov. 5, 2014
Lauren Raab, "Third Judge Finds Florida's Gay Marriage Ban Unconstitutional," latimes.com, Aug. 4, 2014
Nicholas Riccardi, "Court Rules for Gay Marriage in Oklahoma Case," ap.org, July 18, 2014
Nicholas Riccardi, "Judge: Gay Couples Can Keep Marrying in Colorado," ap.org, July 10, 2014
Katharine Q. Seelye, "Rhode Island Joins States That Allow Gay Marriage," www.nytimes.com, May 2, 2013
Cynthia Sewell, "Otter May Continue Fight to Stop Gay Marriage," idahostatesman.com, Oct. 13, 2014
Maya Srikrishnan, "Denver Clerk Joins Boulder in Issuing Same-Sex Marriage Licenses," latimes.com, July 10, 2014
Jordan Steffen, "Adams Judge Tosses Colorado Gay Marriage Ban but Stays Ruling," denverpost.com, July 9, 2014
Jordan Steffen, "Colorado Supreme Court, Suthers Clear Way for Same-Sex Licenses," denverpost.com, Oct. 7, 2014
Jordan Steffen and John Ingold, "Colorado Supreme Court Puts Halt to Boulder Gay Marriage Licenses," denverpost.com, July 30, 2014
Jason Stein and Patrick Marley, "Court Rules against Wisconsin's, Indiana's Gay Marriage Bans," Milwaukee-Wisconsin Journal-Sentinel, Sep. 4, 2014
Letitia Stein, "Florida Same-Sex Marriage Ban Declared Unconstitutional in Fourth Ruling," reuters.com, Aug. 5, 2014
Tribune Wire Reports, "Florida Becomes 36th State to Legalize Gay Marriage," chicagotribune.com, Jan. 6, 2015
USA Today, "Gay Marriage in Va. May Begin Next Week," usatoday.com, Aug. 13, 2014
Elizabeth Weise, "Federal Judge Allows Gay Marriages to Continue in Utah," usatoday.com, Dec. 23, 2013
Pete Williams, "Judge Strikes down Wyoming Gay Marriage Ban," nbcnews.com, Oct. 17, 2014
Pete Williams and Tracy Connor, "Federal Appeals Court Strikes Down Utah's Same-Sex Marriage Ban," nbcnews.com, June 25, 2014
Reid Wilson, et al., "States Issue First Marriage Licenses after Supreme Court Declines Appeals," washingtonpost.com, Oct. 9, 2014
Michael Winter, "Utah to Appeal Gay Marriage Case to Supreme Court," usatoday.com, July 9, 2014
Richard Wolf, "Alaska, Arizona Become Newest Same-Sex Marriage States," usatoday.com, Oct. 17, 2014
Richard Wolf, "Appeals Panel Strikes Down Virginia Gay Marriage Ban," usatoday.com, July 28, 2014
Richard Wolf, "Supreme Court Blocks Same-Sex Marriages in Virginia," usatoday.com, Aug. 20, 2014
Richard Wolf, "Supreme Court Puts Utah Same-Sex Marriage on Hold," usatoday.com, Jan. 6, 2014

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