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U.S. state constitutional amendments banning same-sex unions
  Constitutional amendment banned same-sex marriage, civil unions, and any marriage-like contract between unmarried persons
  Constitutional amendment banned same-sex marriage and civil unions
  Constitutional amendment banned same-sex marriage
  Constitutional amendment allowed legislatures to limit marriage to opposite-sex couples
  No state constitutional amendment banning legal recognition of same-sex unions
  Constitutional amendment recognizing same-sex marriage
Adoption of marriage amendments over time

Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments."[1] These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.

Thirty-one U.S. state constitutional amendments banning legal recognition of same-sex unions have been adopted. Of these, ten make only same-sex marriage unconstitutional; sixteen make both same-sex marriage and civil unions unconstitutional; two make same-sex marriage, civil unions, and other contracts unconstitutional; and one is unique. Hawaii's amendment is unique in that it does not make same-sex marriage unconstitutional; rather, it allows the state to limit marriage to opposite-sex couples. Virginia's amendment prevents the state from recognizing private contracts that "approximate" marriage. Observers have pointed out that such language encompasses private contracts and medical directives.[2][3] Furthermore, the Michigan Supreme Court has held that the state's amendment bans not only same-sex marriage and civil unions, but also domestic partnership benefits such as health insurance.[4] On November 3, 2020, Nevada became the first U.S. state to repeal its amendment banning same-sex marriage following approval of 2020 Nevada Question 2.

State constitutional amendments are typically approved first by the legislature or special constitutional convention and then by the voters in a referendum.[a] In some states, one or both of these steps is repeated.[b] The percentages shown in the list are results from the referendum stage, not the legislative stage.

History

The idea of extending marriage rights to same-sex couples did not become a political issue in the United States until the 1990s. During that decade, several Western European countries legalized civil unions, and in 1993 the Supreme Court of Hawaii ruled in Baehr v. Lewin, 852 P.2d 44 (Haw. 1993), that refusing to grant marriage licenses to same-sex couples was sex-discrimination under that state's constitution.[7] In response, voters passed Hawaii Constitutional Amendment 2.[8] This amendment differed from future marriage amendments in other states as it did not ban same-sex marriage itself, but merely empowered the state legislature to enact such a ban.[9] In November 1998, 69% of Hawaii voters approved the amendment, and the state legislature exercised its power to ban same-sex marriage.[9][10] Only three constitutional bans on same-sex unions (in Alaska, Nebraska, and Nevada) were proposed between 1998 and 2003.[11] All three amendments passed.[12][13][14] In Massachusetts Supreme Judicial Court's November 2003 decision in Goodridge v. Department of Public Health, the court legalized same-sex marriage in Massachusetts. Social and religious conservatives feared that their own state supreme courts would issue such rulings at some point in the future; in order to prevent this, they proposed additional constitutional bans on same-sex marriage.[15] The following year, eleven constitutional referendums banning same-sex unions were placed on state ballots.[16]

On February 2, 2008, Florida4Marriage.org submitted their petition with enough signatures by the deadline to get Amendment 2, an initiated constitutional amendment prohibiting same-sex marriage and any "other legal union that is treated as marriage or the substantial equivalent" on the ballot for the 2008 general election in Florida.[17] On February 6, 2008, the California Supreme Court scheduled a March 4, 2008 hearing for the case of In re Marriage Cases and a ruling is due within 90 days.[18] In late April 2008, ProtectMarriage.com submitted their petition containing 1,120,801 signatures, which was 426,447 more signatures than was necessary to put the measure on the ballot, by the deadline to get the Marriage Protection Act, an initiated constitutional ballot proposition prohibiting same-sex marriage on the ballot for the 2008 general election in California.[19]

On May 12, 2008, Arizona House of Representatives passed, by a vote of 35–25, Senate Concurrent Resolution 1042, legislatively referred constitutional ballot proposition to prohibit same-sex marriage that would appear on the ballot for the 2008 general election in Arizona.[20] On May 15, 2008, the California Supreme Court ruled in the case of In re Marriage Cases, in a 4–3 decision, that laws directed at gays and lesbians are subject to strict scrutiny and same-sex couples' access to marriage is a fundamental right under Article 1, Section 7 of the California Constitution. The decision would go into effect on June 16, 2008.[21] On June 2, 2008, Proposition 8 was certified, after county clerks verifying the validity of 3% of the signatures they received, for the 2008 general elections in California by California Secretary of State Debra Bowen.[22]

On June 4, 2008, the Californian Supreme Court denied, by a 7–0 decision, a request for rehearing and a request to put a hold on the ruling, affirming that the decision would take effect as scheduled.[23] On June 16, 2008, same-sex marriage was legalized in California. Proposition 8, originally intended as a judicial-preempting and legislation-preempting ballot proposition to prevent legalization of same-sex marriage, would now be a ballot proposition overturning same-sex marriage legalization in California. On June 27, 2008, the Arizona Senate passed, by a vote of 16–4, Senate Concurrent Resolution 1042, thus putting Proposition 102 on ballot for the 2008 general election in Arizona.[20]

On November 4, 2008, Amendment 2, Proposition 102 and Proposition 8 passed. On November 5, 2008, of the California Constitution was amended to add Article I, Section 7.5, which prohibited same-sex marriage, thus making California the 28th state to constitutionally prohibit same-sex marriage and the first jurisdiction anywhere to overturn the legalization of same-sex marriage.

On April 3, 2009, Nate Silver post his model of the predicted years that each of the 50 states would vote against a marriage ban, with the last one being Mississippi in 2024.

Between 2004 and 2011, bills were introduced every year in the North Carolina General Assembly to implement a legislatively-referred constitutional amendment prohibiting same-sex marriage in the North Carolina Constitution. Until 2011, all those bills died in committee without a vote. After the 2010 elections, Republicans gained control of both the House of Representatives and the Senate for the first time since 1870. On September 12, 2011, Senate Bill 514, a legislatively-referred constitutional amendment to prohibit same-sex marriage and any "domestic legal union", passed the House by a vote of 75–42.[24][25][26] The bill passed the three-fifths threshold (72 votes) in the House with the support of 10 Democrats. Authors of the amendment decided to place it on the May 2012 primary ballot rather than the November 2012 general election ballot. According to reporter Kim Severson, the change from the November to the May ballot was made due to the fact that Republican presidential primaries would be held that same date, ensuring a high voter turnout for Republicans, a group of voters traditionally opposed to same-sex marriage. On September 13, the Senate voted 30–16 in favor of the measure.[25] On May 8, 2012, North Carolina voters approved Amendment 1 by a vote of 61.04% to 38.96%.[27]

Purpose and motivation

State constitutional bans on same-sex unions were advocated as preempting amendments to potential future state court decisions or state legislation legalizing same-sex marriage. Of the 30 state constitutional amendments banning same-sex marriage, only California has legalized same-sex marriage prior to the enactment of their bans and only Nebraska, Nevada and Oregon had no statutory bans on same-sex marriage prior to the enactment of their constitutional bans. California was unique any state voting on a constitutional ban on same-sex marriage as both same-sex marriage and domestic partnerships, the equivalent of civil unions in the state, were legal in the state prior to the enactment of its constitutional bans. Voting yes on Proposition 8 would ban same-sex marriage, but keep domestic partnerships, while voting no would retain both. Of the 20 state constitutional amendments banning civil unions and civil union equivalents, none had legalized civil unions or civil union equivalents prior to the enactment of their bans and only Ohio, Texas, Utah and Virginia had statutory bans on civil unions or civil union equivalents prior to the enactment of their constitutional bans.

Some proponents of such amendments feared that states would be forced to recognize same-sex marriages celebrated in other jurisdictions. They pointed to the full faith and credit clause, which requires each state to recognize the public acts, records, and judicial proceedings of each other state. On the other hand, opponents argued that state constitutional amendments would do nothing to resolve this perceived problem. Traditionally, courts have held that a state is free to decline to recognize a marriage celebrated elsewhere if the marriage violates the state's strong public policy. (§134 of the First Restatement of Conflicts, on Marriage and Legitimacy (1934)). That tradition was broken in 1967 with the Loving v. Virginia case decided by a unanimous Supreme Court, which confirmed that the full faith and credit clause did require recognition of all legal marriages. Similarly, in Obergefell v. Hodges the Supreme Court ruled that the federal constitution required state recognition of same-sex marriages. All state constitutions are trumped by the federal constitution due to the supremacy clause.

Conservative mobilization

State referendums on constitutional bans of same-sex unions have at times been accused of having been used as a "get-out-the-vote" tactic by some Republicans and social conservatives.[28][29] When voters see that a particular legislative initiative appears on the ballot, they are thought to feel more motivated to turn out to vote, enhancing ballot numbers for other candidates and issues of their party. The presence of these amendments on state ballots has been credited by some as supposedly providing a boost to Republicans in the 2004 election, and the 2004 Ohio amendment in particular has been cited as aiding President George W. Bush's reelection campaign by motivating evangelical social conservatives in the state to go to the polls.[28][30] President George W. Bush's close political consultant, Karl Rove, has been an enthusiastic proponent and organizer of legislation banning same-sex unions.

After the 2006 elections some activists argued that such referendums were starting to lose their potential to mobilize conservative voters. Kevin Cathcart, director of Lambda Legal pointed to the narrow defeat of Arizona's Proposition 107, which would have rendered civil unions as well as same-sex marriage unconstitutional.[31] Nevertheless, that same election saw seven such amendments pass; these seven included an amendment in Virginia which banned civil unions as well as same-sex marriages.[32]

Variants

Most U.S. state constitutional amendments banning same-sex unions banned civil unions as well as same-sex marriage.[33]

Two marriage amendments differed greatly from all others: Hawaii's and Virginia's. The former gave the Hawaii state legislature the authority to ban same-sex marriages but did not explicitly make such unions unconstitutional. Virginia's amendment not only banned same-sex marriage and civil unions, but arguably rendered any state recognition of private contracts entered into by unmarried couples unconstitutional.[34]

Initiated or legislatively referred ballot measures

State Initiated or legislatively referred ballot measure Ban on Date Yes Yes vote No No vote Total votes Voter turnout Electorate
Votes % Votes %
Alaska Measure 2 Marriage November 3, 1998 152,965[35] 68.11% 71,631 31.89% 224,596 49.54% 453,332
Hawaii Constitutional Amendment 2 Marriage ban
permitted 		285,384[36] 69.18% 117,827 28.56% 412,520 67.19% 601,404
Nebraska Initiative Measure 416 All types of same-sex unions November 7, 2000 477,571[37] 70.1% 203,667 29.9% 681,238 62.77% 1,085,217
Nevada Ballot Question 2 Marriage 412,688[38] 69.62% 180,077 30.38% 592,765 67.8% 874,304
November 5, 2002 337,197[39] 67.2% 164,573 32.8% 501,770 57.68% 869,859
Missouri Constitutional Amendment 2 August 3, 2004 1,055,771[40][41] 70.61% 439,529 29.39% 1,495,300 42.93% 3,483,481
Louisiana Constitutional Amendment 1 Marriage and
civil union 		September 18, 2004 619,908[42][43] 77.78% 177,067 22.22% 796,975 27.91% 2,855,561
Kentucky Constitutional Amendment 1 Marriage and
civil union 		November 2, 2004 1,222,125[44][45] 74.56% 417,097 25.44% 1,639,222 58.7% 2,794,286
Georgia Constitutional Amendment 1 Marriage and
civil union 		2,454,930[46][47][45] 76.15% 768,716 23.85% 3,223,646 75.87% 4,248,837
Ohio State Issue 1 Marriage and
civil union 		3,329,335[48] 61.71% 2,065,462 38.29% 5,394,797 67.66% 7,972,826
Mississippi Amendment 1 Marriage 957,104[49][50][45] 86.01% 155,648 13.99% 1,112,752 53.78% 2,068,766
Oklahoma State Question 711 Marriage and
civil union 		1,075,216[51][52] 75.59% 347,303 24.41% 1,422,519 66.35% 2,143,978
Arkansas Constitutional Amendment 3 Marriage and
civil union 		753,770[53][54] 74.95% 251,914 25.05% 1,053,399 62.47% 1,686,124
Michigan State Proposal - 04-2 All types of same-sex unions 2,698,077[55][56] 58.62% 1,904,319 41.38% 4,602,396 64.24% 7,164,047
Montana Constitutional Initiative 96 Marriage 295,070[57] 66.56% 148,263 33.44% 443,333 69.44% 638,474
Utah Constitutional Amendment 3 Marriage and
civil union 		593,297[58] 65.86% 307,488 34.14% 900,785 70.47% 1,278,251
North Dakota Constitutional Measure 1 Marriage and
civil union 		223,538[59] 73.23% 81,708 26.77% 305,246 62.68% 487,010
Oregon State Measure 36 Marriage 1,028,546[60][61] 56.63% 787,556 43.37% 1,816,102 84.82% 2,141,249
Kansas Amendment 1 Marriage and
civil union 		April 5, 2005 417,627[62][63] 69.95% 179,432 30.05% 597,059 35.35% 1,688,926
Texas Proposition 2 Marriage and
civil union 		November 8, 2005 1,723,782[64][65] 76.25% 536,913 23.75% 2,260,695 17.97% 12,577,545
Alabama Amendment 774 Marriage and
civil union 		June 6, 2006 697,591[66][67] 81.18% 161,694 18.82% 859,285 35.61% 2,413,279
South Carolina Amendment 1 Marriage and
civil union 		November 7, 2006 829,360[68][69] 77.97% 234,316 22.03% 1,063,676 43.37% 2,452,714
Virginia Question 1 All types of same-sex unions 1,328,537[70][71] 57.06% 999,687 42.94% 2,328,224 51.12% 4,554,683
Tennessee Constitutional Amendment 1 Marriage 1,419,434[72][73] 81.25% 327,536 18.75% 1,746,970 46.73% 3,738,703
Wisconsin Referendum 1 Marriage and
civil union 		1,264,310[74][75] 59.43% 862,924 40.57% 2,127,234 49.97% 4,256,721
South Dakota Amendment C All types of same-sex unions 172,305[76][77][78] 51.83% 160,152 48.17% 332,457 65.56% 507,132
Colorado Amendment 43 Marriage 855,206[79] 55.02% 699,030 44.98% 1,554,236 62.6% 2,533,058
Arizona Proposition 107 Marriage and
civil union 		721,789[80] 48.21% 775,498 51.79% 1,496,987 58.28% 2,568,401
Idaho Constitutional Amendment 2 Marriage and
civil union 		282,386[81] 63.35% 163,384 36.65% 445,770 58.27% 764,880
Florida Constitutional Amendment 2 Marriage and
civil union 		November 4, 2008 4,890,883[82][83] 61.92% 3,008,026 38.08% 8,456,329 75.18% 11,247,634
Arizona Proposition 102 Marriage 1,258,355[84] 56.2% 980,753 43.8% 2,239,078 74.95% 2,987,451
California Proposition 8 7,001,084[85][86] 52.24% 6,401,482 47.76% 13,743,177 79.42% 17,304,091
North Carolina Constitutional Amendment 1 Marriage and
civil union 		May 8, 2012 1,317,178[87][88] 61.04% 840,802 38.96% 2,157,980 34.27% 6,296,759
Minnesota Constitutional Amendment 1 Marriage November 6, 2012 1,399,916[89][90] 47.44% 1,510,434 51.19% 2,950,780 76.42% 3,861,043

Approved amendments

Number State Amendment Section Provisions Effective date Struck down date Repeal date
N/A  Hawaii Hawaii Marriage Amendment Article I, Section 23. Marriage of the Constitution of the State of Hawaii Statutory prohibition on same-sex marriage permitted November 3, 1998 N/A November 5, 2024, if approved during the 2024 Hawaii elections
1st  Alaska Alaska Marriage Amendment Article I, § 25. Marriage of the Constitution of the State of Alaska Prohibition on same-sex marriage December 31, 1998 October 17, 2014 N/A
2nd  Nebraska Ban Same-Sex Marriage Act Article I-29. Marriage; same-sex relationships not valid or recognized. of the Nebraska State Constitution Prohibition on same-sex marriage, "civil unions, domestic partnerships, or other similar same-sex relationships" December 7, 2000 May 12, 2005
July 14, 2006 June 26, 2015
3rd  Nevada Protection of Marriage Initiative ARTICLE. 1. Sec: 21. Limitation on recognition of marriage. of the CONSTITUTION OF THE STATE OF NEVADA Prohibition on same-sex marriage November 27, 2002 October 9, 2014 November 24, 2020
4th  Missouri Missouri Marriage Definition Amendment ARTICLE I, Section 33. Marriage, validity and recognition. of the Constitution of Missouri September 2, 2004 November 5, 2014 N/A
November 7, 2014
June 26, 2015
5th  Kentucky Amendment 1 GENERAL PROVISIONS, Section 233A, Valid or recognized marriage -- Legal status of unmarried individuals. of the CONSTITUTION OF KENTUCKY Prohibition on same-sex marriage and a "legal status identical or substantially similar to that of marriage for unmarried individuals" November 2, 2004 June 26, 2015
6th  Arkansas Same-Sex Marriage Ban AMENDMENTS TO THE CONSTITUTION OF ARKANSAS OF 1874, AMEND. 83. [MARRIAGE. of the Constitution Of The State Of Arkansas Of 1874 Prohibition on same-sex marriage and a "legal status for unmarried persons which is identical or substantially similar to marital status" November 2, 2004 May 9, 2014
May 16, 2014 June 26, 2015
7th  Oklahoma Oklahoma Definition of Marriage Amendment Article 2, section 35 - Marriage Defined - Construction of law and Constitution - Recognition of out-of-state marriages - Penalty of the Oklahoma Constitution Prohibition on same-sex marriage, the "legal incidents thereof be conferred upon unmarried couples or groups" and "any person knowingly issuing a marriage license in violation of is guilty of a misdemeanor" November 2, 2004 October 6, 2014
8th  North Dakota North Dakota Definition of Marriage Initiative Article XI General Provisions, Section 28. of the North Dakota Constitution Prohibition on same-sex marriage and any "other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect" November 2, 2004 June 26, 2015
9th  Utah Utah Marriage Amendment Article I, Section 29. [Marriage. of the Utah Constitution Prohibition on same-sex marriage and "any other domestic union recognized as a marriage or given the same or substantially equivalent legal effect" November 2, 2004 December 20, 2013
January 6, 2014 October 6, 2014
10th  Mississippi Mississippi Marriage Definition Amendment ARTICLE 14, SECTION 263A. Marriage defined as only between a man and a woman. of the CONSTITUTION OF THE STATE OF MISSISSIPPI Prohibition on same-sex marriage November 29, 2004 June 26, 2015
11th  Ohio Ohio Definition of Marriage Amendment Article XV, Section 11, Marriage of the Ohio Constitution Prohibition on same-sex marriage and a "legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage" December 2, 2004 June 26, 2015
12th  Oregon Measure 36 ARTICLE XV, Section 5a. Policy regarding marriage. CONSTITUTION OF OREGON 2023 EDITION Prohibition on same-sex marriage December 2, 2004 May 19, 2014
13th  Michigan Michigan Marriage Amendment ARTICLE I, § 25 Marriage. of the Michigan Constitution Prohibition on same-sex marriage and a "similar union for any purpose" December 18, 2004 March 22, 2014
March 22, 2014 June 26, 2015
14th Georgia (U.S. state) Georgia Definition of Marriage Amendment ARTICLE I. SECTION IV. MARRIAGE of the CONSTITUTION of the STATE of GEORGIA Prohibition on same-sex marriage and a "union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage" January 1, 2005 May 16, 2006
July 7, 2006 June 26, 2015
15th  Louisiana Marriage in Louisiana Act Article XII. §15. Defense of Marriage of the Louisiana Constitution of 1974 Prohibition on same-sex marriage and a "legal status identical or substantially similar to that of marriage for unmarried individuals" January 19, 2005 October 5, 2004
June 26, 2015
16th  Kansas Kansas Marriage Amendment Article 15, § 16: Marriage. of the Kansas Constitution Prohibition on same-sex marriage any other "relationship, other than a marriage, entitling the parties to the rights or incidents of marriage" April 5, 2005 November 18, 2014
June 26, 2015
17th  Montana Montana Definition of Marriage Amendment ARTICLE XIII. Section 7. Marriage. of the CONSTITUTION OF THE STATE OF MONTANA Prohibition on same-sex marriage July 1, 2005 November 19, 2014
18th  Texas Definition of Marriage Act Art. I , Sec. 32. MARRIAGE. of the Texas Constitution Prohibition on same-sex marriage and "any legal status identical or similar to marriage" November 23, 2005 June 26, 2015
19th  Tennessee Tennessee Marriage Protection Act ARTICLE XI., Section 18. of the 2023 Tennessee Constitution Prohibition on same-sex marriage November 7, 2006 June 26, 2015
20th  Wisconsin Referendum 1 ARTICLE XIII. Marriage. SECTION 13. of the WISCONSIN CONSTITUTION Prohibition on same-sex marriage and a :legal status identical or sub-stantially similar to that of marriage for unmarried individuals" November 7, 2006 June 6, 2014
June 13, 2014 October 6, 2014
21st  South Dakota South Dakota Marriage Definition Amendment ARTICLE XXI, § 9. Marriage. of the Constitution Prohibition on same-sex marriage and the "uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship" November 7, 2006 June 26, 2015
22nd  Idaho Idaho Marriage Definition Amendment ARTICLE III. SECTION 28. MARRIAGE. of the Constitution Prohibition on same-sex marriage and any "domestic legal union" that is not a "marriage between a man and a woman" November 7, 2006 October 15, 2014
23rd  Colorado Definition of Marriage Initiative Art. II, Section 31. MARRIAGES - VALID OR RECOGNIZED of the Constitution of the State of Colorado Prohibition on same-sex marriage December 31, 2006 October 7, 2014 December 2024, if approved during the 2024 Colorado elections
24th  Virginia Virginia Marriage Amendment Article I. Section 15-A. Marriage of the Constitution of Virginia Prohibition on same-sex marriage and "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage" January 1, 2007 October 6, 2014 N/A
25th  Alabama Alabama Sanctity of Marriage Amendment Article I., Sec. 36.03, Sanctity of marriage. of the Constitution Of Alabama 2022 Prohibition on same-sex marriage and a "union replicating marriage of or between persons of the same sex" January 1, 2007 February 9, 2015
March 4, 2015 June 26, 2015
26th  South Carolina Marriage Act ARTICLE XVII, SECTION 15. Lawful domestic unions recognizable in State; domestic unions created in another jurisdiction. of the CONSTITUTION OF THE STATE OF SOUTH CAROLINA 1895 Prohibition on same-sex marriage and any "lawful domestic legal union" that is not a "marriage between one man and one woman" March 22, 2007 November 20, 2014
27th  Arizona Marriage Protection Amendment ARTICLE XXX. MARRIAGE of the Arizona State Constitution Prohibition on same-sex marriage November 4, 2008 October 17, 2014
28th  California Eliminates Rights of Same-Sex Couples to Marry ARTICLE I, SEC. 7.5. of the California Constitution November 5, 2008 June 28, 2013 November 6, 2024, if approved during the 2024 California elections
29th  Florida Marriage Protection Amendment ARTICLE I, SECTION 27. Marriage defined. of the CONSTITUTION OF THE STATE OF FLORIDA Prohibition on same-sex marriage and any "other legal union that is treated as marriage or the substantial equivalent" January 6, 2009 January 6, 2015 N/A
30th  North Carolina North Carolina Same-Sex Marriage Amendment ARTICLE XIV, Sec. 6. Marriage. of the NORTH CAROLINA STATE CONSTITUTION Prohibition on same-sex marriage and any "domestic legal union" that is not a marriage "between one man and one woman" May 23, 2012 October 9, 2014

Failed amendments

  • Arizona Proposition 107 – On November 7, 2006, Arizona rejected a constitutional amendment banning same-sex marriage and civil unions by 51.8% of the vote. Two years later Arizona voters approved a more narrow amendment banning only same-sex marriage.
  • Minnesota Amendment 1 – On November 6, 2012, Minnesota rejected a constitutional amendment banning gay marriage with 51.90% of the electorate opposed. A majority of all votes cast would be required to amend the state constitution.

Obergefell v. Hodges

Main article: Obergefell v. Hodges

On June 26, 2015 the U.S. Supreme Court ruled in Obergefell that state laws banning same-sex marriage violate the Fourteenth Amendment, rendering such laws unconstitutional and invalidating the remaining 14 same-sex marriage bans still being fully or partially enforced.[91]

As of 2016, bills have been introduced in Virginia and other states to legislatively repeal the null-and-void amendments.[92]

See also

Notes

  1. ^ The mechanics differ: 17 states allow constitutional amendments to be proposed by popular initiative, all allow the legislature to start the process, and five allow special conventions to start the process. In all states, though, the amendment is approved by elected members of a constitutional convention or elected legislators at least once, with varying standards for approval of the measure. Voters then vote directly on the resulting referendum, except in Delaware, where constitutional amendments are voted on and ratified only by the state legislature.[5]
  2. ^ Amendments to the Nevada state constitution must be approved by the voters in two consecutive elections.[6]

References

  1. ^ Walden, Michael; Thoms, Peg, eds. (2007). Battleground: business. Vol. 2. Greenwood Publishing Group. p. 468. ISBN 978-0-313-34065-9.
  2. ^ Freehling, Bill (November 21, 2006). "Test case is urged by ACLU". The Free Lance-Star. Archived from the original on January 2, 2013. Retrieved December 15, 2006.
  3. ^ Glidden, Melissa; Jackson-Cooper, Brenda; Nickel, Leslie (August 11, 2006). "Potential Impact of the Proposed Marshall/Newman Amendment to the Virginia Constitution" (PDF). Arnold & Porter, LLP. Archived from the original (PDF) on March 20, 2017. Retrieved December 15, 2006.
  4. ^ National Pride At Work, Inc. et al. v. Governor of Michigan et al., 748 N.W.2d 524 (Mich 2008).
  5. ^ Lutz, Donald S. (June 1994). "Toward a Theory of Constitutional Amendment". American Political Science Review. 88 (2): 355–370. Page 360. Table 3. Covers State Constitutions active from 1970–9. doi:10.2307/2944709. JSTOR 2944709. S2CID 144713465.
  6. ^ "Gay rights ballot initiatives". Gaydemographics.org. Archived from the original on October 16, 2006. Retrieved November 30, 2006.
  7. ^ "Special Report: 'I do' Archived June 3, 2008, at the Wayback Machine" Honolulu Star-Bulletin January 22, 1997
  8. ^ "Gay Marriage Timeline". Pew Forum. April 1, 2008. Retrieved February 5, 2012.
  9. ^ a b "Homosexual (same-sex) marriages in Hawaii" Robinson, B.A. Religious Tolerance. 1997-JUL-11, updated 2001-DEC-2
  10. ^ "Same-sex marriage ballot measures: Hawaii gives legislature power to ban same-sex marriage" AllPolitics. CNN. November 3, 1998
  11. ^ In Alaska, a same-sex couple had sued for marriage rights, and had seen several rulings in their favor; the Alaska ban arose in an effort to prevent the ruling from taking effect. See "Homosexual (same-sex) marriage in Alaska" Robinson, B.A. Religioustolerance.org. 2002. (last update 2005-APR-21). accessed November 3, 2006.
  12. ^ "Same-sex marriage in Alaska". Religious Tolerance. Retrieved February 5, 2012.
  13. ^ Jody Brown and Bill Fancher, AgapePress (May 15, 2005). "Family Advocates: Judicial Activism Runs Amok in Nebraska - Jody Brown and Bill Fancher". Crosswalk. Archived from the original on March 6, 2012. Retrieved February 5, 2012.
  14. ^ Vogel, Ed (February 23, 2011). "Legal challenge to Nevada's anti-gay marriage amendment not expected". Las Vegas Review-Journal.
  15. ^ Masci, David (April 10, 2008). "An Overview of the Same-Sex Marriage Debate - Pew Research Center". Pew Research. Retrieved February 5, 2012.
  16. ^ "Election 2004 - Ballot Measures". CNN. April 13, 1970. Retrieved February 5, 2012.
  17. ^ Gay marriage ban back on ballot
  18. ^ Warring sides on same-sex marriages look to March 4 court date
  19. ^ Gay marriage ban qualifies for California ballot
  20. ^ a b SCR1042 2008
  21. ^ Dolan, Maura (May 16, 2008). "California Supreme Court overturns gay marriage ban". Los Angeles Times. Retrieved March 25, 2010.
  22. ^ Secretary of State Debra Bowen Certifies Eighth Measure for November 4, 2008, General Election
  23. ^ State high court won't stay same-sex nuptials
  24. ^ Zucchino, David (May 8, 2012). "North Carolina Passes Ban on Gay Marriage". Los Angeles Times. Retrieved May 9, 2012.
  25. ^ a b "Senate Bill 514 "Defense of Marriage" (Amendment 1)". Archived from the original on November 3, 2011. Retrieved April 23, 2012. Click on "Show All Votes"
  26. ^ "Marriage Amendment Would Affect Many People, Panel Says". Winston-Salem Journal. Archived from the original on April 20, 2012. Retrieved April 23, 2012.
  27. ^ Weiner, Rachel (May 8, 2012). "North Carolina Passes Gay Marriage Ban Amendment One". The Washington Post. Retrieved September 25, 2019.
  28. ^ a b Andrea Stone, Drives to ban gay adoption heat up in 16 states, USA Today, February 20, 2006
  29. ^ Pauline J. Chang, Wisconsin Conservatives Gear Up For Marriage Vote with 'Celebration' Archived November 4, 2006, at the Wayback Machine, The Christian Post, October 25, 2006
  30. ^ Joe Hanel, Elite donors fuel ballot initiatives Archived September 28, 2007, at the Wayback Machine, The Durango Herald, October 29, 2006
  31. ^ "Ban on Same-Sex Unions Added to Va. Constitution". The Washington Post. November 8, 2006. Retrieved February 5, 2012.
  32. ^ "Ban on Same-Sex Unions Added to Va. Constitution", by Chris L Jenkins, The Washington Post, November 8, 2006
  33. ^ "Marriage Measure Is an Amendment Too Far", by David Boaz, Cato Institute, November 3, 2006. property rights[permanent dead link] text of va ballot question no. 1 Archived July 3, 2009, at the Wayback Machine
  34. ^ Election Summary Report State of Alaska 1998 General Election OFFICIAL RESULTS
  35. ^ General/OHA - STATE OF HAWAII - Statewide November 03, 1998 ** Summary Report **
  36. ^ Official report of the Board of State Canvassers of the state of Nebraska General Election November 7, 2000
  37. ^ 2000 General Election Coverage and Reports
  38. ^ 2002 General Election Coverage and Reports
  39. ^ Official Election Returns State of Missouri Primary Election Tuesday, August 03, 2004
  40. ^ Blunt Predicts 37 Percent Turnout for August 3 Primary Election
  41. ^ CA No. 1 (Act 926-2004) -- Marriage in LA - union of 1 man and 1 woman
  42. ^ STATE WIDE POST ELECTION STATISTICAL REPORT FOR ELECTION OF 09/18/2004 * (ACTIVE & INACTIVE)
  43. ^ KENTUCKY STATE BOARD OF ELECTIONS REPORT OF "OFFICIAL" ELECTION NIGHT TALLY RESULTS TIME OF REPORT: 09:16:22 DATE OF REPORT: 11/24/04
  44. ^ a b c OFFICIAL GENERAL ELECTION RESULTS FOR UNITED STATES PRESIDENT NOVEMBER 2, 2004
  45. ^ Georgia Election Results Official Results of the November 2, 2004 General Election
  46. ^ Voter Turnout by Demographics
  47. ^ 2004 Elections Results
  48. ^ 2004 General Election Mississippi
  49. ^ 2004 General Election Turnout Rates
  50. ^ OKLAHOMA STATE ELECTION BOARD ELECTION RESULTS 2004
  51. ^ VOTER REGISTRATION As of November 1, 2004
  52. ^ Proposed Constitutional Amendment No. 3 - Certified
  53. ^ 2004 General Election and Non-Partisan Judicial Runoff Voter Turnout
  54. ^ 2004 Michigan Election Results
  55. ^ 2004 Voter Registration Totals
  56. ^ 2004 STATEWIDE GENERAL ELECTION RESULTS ~ NOVEMBER 2nd, 2004
  57. ^ 2004 election Utah
  58. ^ Official 2004 General Election Results North Dakota
  59. ^ Oregon Official Results 2004 Election
  60. ^ Statistical Summery 2004 General Election Oregon
  61. ^ 2005 Constitutional Amendment results by county
  62. ^ Official Turnout for the Constitutional Amendment Election, April 5, 2005
  63. ^ 2005 Constitutional Amendment Election
  64. ^ 2005 - Special, November (Constitutional)
  65. ^ Certification of Constitutional Amendment Election Reults
  66. ^ Primary June 6, 2006
  67. ^ 1996-2006 General Election and Primary Results for Multi-County & Statewide Offices
  68. ^ Voter Participation History (1998-2024)
  69. ^ 2006 - Statewide - Question 1 Marriage
  70. ^ Registration/Turnout Reports Summary of Virginia Registration & Turnout Statistics
  71. ^ Constitutional Amendment Questions
  72. ^ Statistical Analysis of Voter Turnout for the November 7, 2006 Election
  73. ^ 2006-11-07_FallElection_Referendum_CountyReturns
  74. ^ General Election Voter Registration and Absentee Statistics 1984-2022.xlsx
  75. ^ 2006 South Dakota General Election Data - Official Returns for Ballot Questions
  76. ^ Voter Registration Tracking
  77. ^ Voter Registration/Turnout Statistics 1988-2010
  78. ^ Official Publication of the Abstract of Votes Cast for the 005 Coordinated 2006 Primary 2006 General
  79. ^ 2006 General Election - November 7, 2006 Arizona
  80. ^ 2006 General Results statewide
  81. ^ Florida Department of State Division of Elections November 4, 2008 General Election
  82. ^ November 4, 2008 General Election Official Results Voter Registration and Turnout
  83. ^ 2008 General Election - November 4, 2008 Arizona
  84. ^ 2008 Election in California
  85. ^ VOTER PARTICIPATION STATISTICS BY COUNTY
  86. ^ 05/08/2012 OFFICIAL PRIMARY ELECTION RESULTS - STATEWIDE
  87. ^ Voter Turnout
  88. ^ Results for Constitutional Amendments 2012 Minnesota
  89. ^ Historical Voter Turnout Statistics
  90. ^ Prior to Obergefell Alabama and Kansas had one or more court ruling invalidating the state's same-sex marriage bans but were not fully complying with the rulings.
  91. ^ Sullivan, Patricia (July 29, 2016). "Virginia still has laws banning gay marriage. Should that matter?". Washington Post. Retrieved July 30, 2016.
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