Same-sex marriages have been recognized in Massachusetts since November 18, 2003, and in Connecticut since October 10, 2008.[3] Same-sex marriage only has effect at the state level as the U.S. federal government does not recognize same-sex marriages as marriages under federal law, in accordance with the Defense of Marriage Act.
Vermont, California, New Jersey, and New Hampshire have created legal unions that, while not called marriages, are explicitly defined as offering all the rights and responsibilities of marriage under state (though not federal) law to same-sex couples. Maine, Hawaii, the District of Columbia, Oregon and Washington have created legal unions for same-sex couples that offer varying subsets of the rights and responsibilities of marriage under the laws of those jurisdictions.
On May 15, 2008 the Supreme Court of California ruled that excluding same-sex couples from marriage is unconstitutional, effectively creating same-sex marriage in California.[4][5] Citing the 1948 California Supreme Court decision Perez v. Sharp, which reversed the interracial marriage ban, In re Marriage Cases struck down California's 1977 one-man, one-woman marriage law and a similar voter-approved 2000 law (which had passed 61%-39%) in a 4-3 ruling, written by Chief Justice Ronald George). The Advocates for Faith and Freedom and the Alliance Defense Fund, among other things, asked for a stay of the ruling,[6] but the court denied the requests on June 4, 2008.[7][8] In addition, the court clarified that its initial ruling was to take effect at 5:00 p.m. on June 16, 2008.[7]
The court ruling in California gave rise to considerable opposition locally and nationally.[9] Same-sex marriage opponents gathered 1 million signatures to place Proposition 8, a constitutional amendment, on the November ballot to define marriage as between a man and woman.[10]
In addition to California, Florida and Arizona placed constitutional bans on same-sex marriage on the November 2008 ballot, which passed in both states.[11] A measure to place a constitutional ban on same-sex marriage was voted on in Arizona in late June, but did not pass the state Senate.[12] A revote was taken a few weeks later, passing with the minimum number of votes required to place the measure to ban same-sex marriage on the ballot in November, making Arizona the third state to place such a ballot this year.[13]
Some states that legally recognize same-sex relationships also recognize similar relationships contracted in other states, though those relationships are not recognized in states without such legal recognition.
In contrast, twenty-six states have constitutional amendments explicitly barring the recognition of same-sex marriage, confining civil marriage to a legal union between a man and a woman. Forty-three states have statutes restricting marriage to two persons of the opposite sex, including some of those that have created legal recognition for same-sex unions under a name other than "marriage." A small number of states ban any legal recognition of same-sex unions that would be equivalent to civil marriage.[citation needed]
Opponents of same-sex marriage have attempted to prevent individual states from recognizing such unions by amending the United States Constitution to define marriage as a union between one man and one woman. In 2006, the Federal Marriage Amendment, which would prohibit states from recognizing same-sex marriages, was approved by the Republican-controlled Senate Judiciary Committee, on a party line vote, and was debated by the full United States Senate, but was ultimately defeated in both houses of Congress.[14]
On August 30, 2007, Iowa Judge Robert Hanson temporarily annulled a law allowing marriage only between men and women before placing a stay the following day on his own ruling.[15] Currently, same-sex couples are suing for the right to marry in Iowa.[16][17]
On October 10, 2008, the Supreme Court of Connecticut ruled that civil unions were discriminatory and the state must allow same-sex marriage under the equal protection clause of its constitution.[18]
