State Marriage Agencies & 2012 Plans

State agency links appear below, with notes on pending changes, and native tribes.

The federal government does not yet recognize any same-sex couples, even in states that have legalized same-sex marriage, civil union, and/or domestic partnership. This affects military personnel pay/benefits, immigration, social welfare programs, insurance, taxation, disability, pensions, inheritance, and other issues in 1,138 federal programs. For details, see 1,138 Federal Rights and Defense of Marriage Act (DOMA).

• Alabama
• Alaska
• Arizona
• Arkansas
• California  After 18,000 same-sex couples had legally wed, Proposition 8 banned future same-sex marriage starting 5 November 2008, but left Registered Domestic Partnerships available. In August 2010, a federal trial court found Proposition 8 to be unconstitutional, and on 7 February 2012, the U.S. Ninth Circuit Court of Appeals again found it unconstitutional (Summary). Opponents of marriage equality plan to appeal to the Ninth Circuit Court of Appeals again, and/or to the U.S. Supreme Court. In the meantime, same-sex marriage remains on hold, although domestic partnerships remain available.  Separately, a federal court ruled that the federal DOMA statute is unconstitutional, and that ruling was appealed.
• Colorado  The 2012 law proposed to upgrade domestic partnerships to civil unions was defeated by House Republicans who blocked every effort to bring it to a full vote.
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii  In 2012, one lawsuit would repeal civil union, but another would grant full marriage.
• Idaho
• Illinois  On 7 February 2012, lawmakers proposed to upgrade civil union to full marriage.
• Indiana
• Iowa  In 2012, legislators propose to outlaw same-sex marriage.
• Kansas
• Kentucky
• Louisiana
• Maine
  A citizens' initiative for the November 2012 proposes to upgrade domestic partnership to full marriage.
• Maryland  Upgrade from domestic partnership to full marriage signed by governor 1 March 2012.
• Massachusetts  In 2012, a federal appeals court is hearing 3 DOMA (Defense of Marriage Act) appeals.  Separately, a district court suit seeks equal pay for active/veteran military personnel.
• Michigan
• Minnesota  In 2012, voters are deciding whether to ban same-sex marriage via the state constitution. Separately, a state appeals court returned a marriage equality case to the district court on 23 January 2012 for a full trial.
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire  In 2011, legislators proposed to repeal same-sex marriage.  Defeated in legislature 21 March 2012.
• New Jersey  On 4 November 2011, a superior court judge ruled that same-sex couples can proceed with their lawsuit claiming that the state's civil union law is so inadequate that it is unconstitutional. Separately, the legislature passed a bill establishing full marriage equality, but the governor vetoed it on 17 February 2012.  Legislators can now choose to either put the issue to a popular vote, or else collect enough signatures to override the governor's veto:  3 more votes to reach 27 out of 40 senators, and 12 more votes to reach 54 out of 80 Assembly members.
• New Mexico  Proposed constitutional amendment to outlaw marriage equality was defeated in the legislature 16 February 2012.
• New York
• North Carolina  Voters passed a constitutional amendment banning same-gender marriage by 61% to 39%, but exit polls showed that among voters favoring it, only 46% understood what they actually voted for.  The amendment ended:  employer benefits for employees’ domestic partners; domestic violence laws for unmarried partners; child custody/visitation rights for unmarried parents; some private agreements between unmarried couples; and unmarried partners’ end-of-life arrangements (wills, trusts, medical powers-of-attorney).In 2012, a ballot initiative proposes to ban same-sex marriage in the state constitution. Separately, a marriage equality case is being heard in county superior court.
• North Dakota
• Ohio  A petition for a ballot question to repeal the 2004 constitutional ban on marriage equality was rejected by the Attorney General on 9 March 2012. That petition was revised, and refiled on 26 March.
• Oklahoma
• Oregon  Same-sex marriages are legal within Oregon's Coquille Tribe; elsewhere, domestic partnership is legal.
• Pennsylvania  Legislators proposed a constitutional marriage ban (HB-1434), which was defeated 13 March 2012.
• Rhode Island  On 14 May 2012, Governor Chafee ordered RI agencies to treat out-of-state same-gender marriages as legal, and to treat married same-gender and opposite-gender couples equally, to comply with a 2007 state attorney general’s opinion.  Results:  same-gender spouses of state employees and anyone covered by a RI-regulated insurer get health/life insurance benefits; same-gender parent names now appear on a child’s birth certificate; and same-gender couples now are exempt from sales tax on property and vehicle transfers.  Governor Chafee is continuing to press to upgrade civil union to full marriage.
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington  The full marriage equality that was enacted on 13 February 2012 could be repealed via November's ballot by either Referendum 74 (yes = keep marriage equality; no = repeal it) and/or by Initiative 1192 (yes = ban same-gender marriage; no = don't ban it).  Same-sex marriages are legal within Washington's Suquamish Tribe.
• West Virginia  In 2012, legislators propose to adopt civil union.  Legislators also proposed 3 constitutional amendments to ban marriage equality.
• Wisconsin
• Wyoming