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

There are several different types of what have been unofficially termed defense of marriage amendments in the United States. These amendments to U.S. state constitutions have been enacted in order to prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. As of 2008, Massachusetts and California are the only U.S. states to allow same-sex marriage.

Twenty-seven defense of marriage amendments have been adopted. Of these, eight make only same-sex marriage unconstitutional, seventeen make both same-sex marriage and civil unions unconstitutional, and two are 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 is also unique; it prevents the state from recognizing private contracts that "approximate" marriage. Observers have pointed out that such language encompasses private contracts and medical directives. [ [http://www.fredericksburg.com/News/FLS/2006/112006/11212006/237960 Test case is urged by ACLU] , by Bill Freehling, "The Free Lance-Star", November 21, 2006. Accessed December 15, 2006.] [ [http://www.votenova.org/files/final1651081_3.pdf Potential Impact of the Proposed Marshall/Newman Amendment to the Virginia Constitution] , by Melissa Glidden, Brenda Jackson-Cooper, and Leslie Nickel, Arnold & Porter, LLP, August 11, 2006. Accessed December 15, 2006.]

This list only covers bans of civil unions, private contracts between same-sex couples and same-sex marriage in state constitutions; mere laws are not listed. The text of these amendments sometimes runs several paragraphs. In this event, excerpts of the most important phrases or sentences are included in this list.

State constitutional amendments are typically approved first by the legislature or special constitutional convention and then by the voters in a referendum.^N-Ref label|Towards a Theory p7|1|a In some states, one or both of these steps is repeated.^N-Ref label|NV amend process|2|a The percentages shown in the list are results from the referendum stage, not the legislative stage.

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

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

Notes

n- [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."Toward a Theory of Constitutional Amendment"Lutz, Donald S. in "American Political Science Review", Vol. 88, No. 2 (Jun., 1994), pp. 355-370. Page 360. Table 3. Covers State Constitutions active from 1970-9. [http://links.jstor.org/sici?sici=0003-0554(199406)88%3A2%3C355%3ATATOCA%3E2.0.CO%3B2-3 Available through JSTOR] (membership required)]

n- [2] note_label|NV amend process|2|anote_label|NV amend process|2|bnote_label|NV amend process|2|c Amendments to the Nevada state constitution must be approved by the voters in two consecutive elections. [http://www.gaydemographics.org/USA/elections/2000-2002.htm Gay rights ballot initiatives] [http://gaydemographics.org Gaydemographics.org] Accessed November 30, 2006.]

n- [3] note_label |SCamend|3|a South Carolina's Amendment explicitly disavows a Virginia-type regime that would affect private contracts: "This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments."

References

External links

* [http://www.followthemoney.org/press/ReportView.phtml?r=236 The Money Behind the 2004 Marriage Amendments -- National Institute on Money in State Politics]
* [http://www.followthemoney.org/press/ReportView.phtml?r=329 The Money Behind the 2006 Marriage Amendments -- National Institute on Money in State Politics]