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    What states allow gays & lesbians to marry?

    Date: 02.15.12 | by Judge Tom.

    What follows is a list of the states where gay marriage is legal. We provide the year the law went into effect, the name of the law when titled by the state legislature, and a citation where the law can be found. Some states didn’t pass a gay marriage law. Instead a court determined that the existing law prohibiting gay marriage was unconstitutional. In those states, we list the name of the court decision and citation for the case. If you want to read the court’s decision, ask a reference librarian at your public library for help or Google the full name of the case.

    On June 26, 2013, the U.S. Supreme Court ruled that the federal Defense of Marriage Act (DOMA) violated the Fifth Amendment and was therefore unconstitutional (United States v. Windsor, 570 U.S. ___ (2013). The Act applied to federal employees regarding federal benefits.

    Alabama: (2014) Strange v. Searcy (U.S. District Court – southern district)

    Alaska: (2014) Latta v. Otter (9th Circuit Court of Appeals)

    Arizona: (2014) Latta v. Otter (9th Circuit Court of Appeals)

    California: (2013) Family Code Section 300.

    Colorado: (2014 )

    Connecticut:  (2008)  Kerrigan v. Commissioner of Public Health, 957 A.2d 407 (2008).

    Delaware: (2013) 13 Delaware Code 101

    District of Columbia:  (2010)  D.C. Law Section 18-110, “Religious Freedom and Civil Marriage Equality Act,” Jackson v. D.C. Board of Elections and Ethics, 130 S.Ct. 1279 (2010).

    Hawaii: (2013) Section 572-1: Requisites of a Valid Marriage

    Idaho: (2014) Latta v. Otter (9th Circuit Court of Appeals)

    Illinois: (2013) 750 ILCS 5/212

    Indiana: (2014) Wolf v. Walker (7th Circuit Court of Appeals)

    Iowa:  (2009)  Iowa Law Section 595.2, Varnum v. Brien, 763 NW2d 862 (2009)

    Kansas: (2014) Marie v. Moser (U.S. District Court)

    Maine: (2012) 19-A Maine Revised Statutes Annotated 650-A

    Maryland: (2012) Civil Marriage Protection Act of 2012, Family Law 2-201

    Massachusetts:  (2003)  Goodrich v. Department of Public Health, 798 NE2d 941 (2003).

    Minnesota:  (2013) Minnesota Laws Section 517.01

    Montana:  (2014)

    Nevada:  (2014) Sevcik v. Sandoval

    New Hampshire:  (2011)  Revised Statutes Annotated 457:1-a, “Equal Access to Marriage.”

    New Jersey:  Garden State Equality v. Dow (Mercer County Superior Court).

    New Mexico:  (2013) Griego v. Oliver, New Mexico Supreme Court, December 19, 2013.

    New York:  (2011)  Domestic Relations, Section 10-a and 10-b, “Marriage Equality Act.”

    North Carolina: (2014)

    Oklahoma: (2014)

    Oregon: (2014)

    Pennsylvania: (2014)

    Rhode Island: (2013) Domestic Relations, Section 15-1-1

    South Carolina: (2014)

    Utah: (2013) Kitchen v. Herbert

    Vermont:  (2009)  15 Vermont Statutes Annotated Section 8, “An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage.”

    Virginia: (2014)

    Washington:  (2012)  Washington Revised Statutes Section 26.04.010 and 26.04.020.

    West Virginia: (2014)

    Wisconsin: (2014) Wolf v. Walker (7th Circuit Court of Appeals)

    Wyoming: (2014)


    It should also be noted that some gay Native-Americans are allowed to marry on tribal lands. It’s entirely up to each sovereign nation to set their own laws for members and on tribal reservations. This includes the Cheyenne Arapaho Tribes in Oklahoma, the Coquille Tribe in Oregon, and the Little Traverse Bay Bands of Odawa Indians in Michigan.

    There are growing number of countries that have legalized gay marriage. This includes France, England, Wales, New Zealand, Uruguay, Canada, Spain, Sweden, Netherlands, Belgium, Norway, South Africa, Iceland, Portugal, Argentina and Denmark. Countries that have banned gay marriage include Nigeria, Tanzania and Senegal. Homosexuality is illegal in several African nations with prison terms available for offenders.

    Mike Licht (Flickr)

    For more about marriage, see When Can I Get Married?

    On May 9, 2012, President Barack Obama stated that he believes same-sex couples should be allowed to get married.

    In 2013, Supreme Court justices Ruth Bader Ginsburg and Sandra Day O’Connor officiated at several gay weddings in Washington, D.C.



    Judge Tom

    This post was written by Judge Tom. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.

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