List of defense of marriage amendments to U.S. state constitutions by type

Amendments that grant legislative authority to ban same-sex marriage

State Year Support vote % Title Amendment
Hawaii199869%Constitutional Amendment 2The legislature shall have the power to reserve marriage to opposite-sex couples.

Amendments that ban same-sex marriage

State Year Support vote % Title Amendment (in relevant part)
Alaska199868%Ballot Measure 2, Joint Resolution 42To be valid or recognized in this State, a marriage may exist only between one man and one woman.
Nevada2000,2002N- 69.6%; 67.1%N-Nevada Question No. 2Only a marriage between a male and female person shall be recognized and given effect in this state.
Mississippi200486%Mississippi Amendment 1Marriage may take place and may be valid under the laws of this state only between a man and a woman.
Missouri200472%Constitutional Amendment 2To be valid and recognized in this state, a marriage shall exist only between a man and a woman.
Montana200467%Montana Initiative 96Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.
Oregon200457%Oregon Ballot Measure 36Only a marriage between one man and one woman shall be valid or legally recognized as a marriage.
Colorado200656%''Colorado Amendment 43Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.
Tennessee200681%Constitutional Amendment 1The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state.

Amendments that ban same-sex marriage and civil unions, but not other contracts

State Year Support vote % Title Amendment (in relevant part)
Nebraska200070%Initiative Measure 416Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.
Alabama200481%Sanctity of Marriage Amendment (Amendment 774)No marriage license shall be issued in the State of Alabama to parties of the same sex... A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.
Arkansas200475%Constitutional Amendment 3(1) Marriage consists only of the union of one man and one woman. (2) Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas.
Georgia200476%Constitutional Amendment 1(a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state. (b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage.
Kentucky200475%Constitutional Amendment 1Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.
Louisiana200478%Constitutional Amendment 1Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.
Michigan200459%State Proposal - 04-2To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.
North Dakota200473%North Dakota Constitutional Measure 1Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
Ohio200462%State Issue 1Only a union between one man and one woman may be a marriage valid in or recognized by this state. This state and shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.
Oklahoma200476%State Question 711A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups. C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.
Utah200466%Constitutional Amendment 3Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
Kansas200570%Proposed Amendment 1(a) Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void. (b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.
Texas200576%Proposition 2(a) Marriage in this state shall consist only of the union of one man and one woman. (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.
Idaho200663%Idaho Amendment 2A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.
South CarolinaN-200678%South Carolina Amendment 1A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State...shall not recognize...any other domestic union, however denominated.
South Dakota200652%South Dakota Amendment COnly marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.
Wisconsin200659%Wisconsin Referendum 1Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.

Amendments that ban same-sex marriage, civil unions, and other contracts

State Year Support vote % Title Amendment
Virginia200657%Proposed Constitutional Amendment 1That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.

Notes

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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.

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External links

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