United States Laws Prohibiting Same-Sex Marriages
[Updated 3/11/04]
Click on a state or scroll down to read the marriage laws
No state has legislatively authorized same-sex marriage. Since 1996, in addition to general law and policy, 39 states have passed statutes, generally referred to as “Defense of Marriage Acts” or DOMAs. Referenda in several states have banned same-sex “marriage.” Other states have general statutory schemes that limit marriage to a union of one man and one woman.
Ala. Code § 30-1-19
Section 1. This act shall be known and may be cited as the "Alabama Marriage Protection Act."
Section 2. (a) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state. (b) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(c) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(d) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
Section 3. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming a law.
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Alaska Const. Art 1, § 25
"To be valid or recognized in this State, a marriage may exist only between one man and one woman."
Alaska Stat. § 25.05.013
(a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.
(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.
NOTE: The above statute was held presumptively unconstitutional in Brause v. Bureau of Vital Statistics, No. 3AN-95-6562 Cl., 1998 WL 88743 (Alaska Super. Ct., Feb. 27, 1998). In response, the Alaska Legislature passed S.J.R. 42, a proposed amendment to the Alaska Constitution. After a pre-ballot challenge which resulted in a revision by the Alaska Supreme Court, the voters of Alaska approved the constitutional amendment on Nov. 3, 1998 by a vote of 68 to 32 percent. Now the courts will dispose of Brause on the basis of this amendment.
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Ariz. Rev. Stat. Ann. § 25-101
Void and prohibited marriages
A. Marriage between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the one-half as well as the whole blood, and between uncles and nieces, aunts and nephews and between first cousins, is prohibited and void.
B. Notwithstanding subsection A, first cousins may marry if both are sixty-five years of age or older or if one or both first cousins are under sixty-five years of age, upon approval of any superior court judge in the state if proof has been presented to the judge that one of the cousins is unable to reproduce.
C. Marriage between persons of the same sex is void and prohibited
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Ark. Code Ann. § 9-11-107
Validity of foreign marriages.
All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state. This section shall not apply to a marriage between persons of the same sex.
Ark. Code Ann. § 9-11-109
Validity of same-sex marriages.
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Ark. Code Ann. § 9-11-208
License not issued to persons under age or to persons of the same sex.
(a) No license shall be issued to persons to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.
(b) It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
(c) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
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Cal. Fam. Code § 308.5
Between man and woman only
Only marriage between a man and a woman is valid or recognized in California.
NOTE: Added by Initiative Measure (Prop.22, § 2, eff. March 8, 2000).Prop. 22 was approved by California voters by a margin of 61% to 39%.
Colo. Rev. Stat. § 14-2-104
(1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if:
(a) It is licensed, solemnized, and registered as provided in this part 1; and
(b) It is only between one man and one woman.
(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.
Connecticut - none
Del. Code tit. 13 § 101
Void and voidable marriages.
(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender.
...
(d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State.
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Fla. Stat. § 741.212
Marriages between persons of the same sex
(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.
(2) The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state,
territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection (1) or a claim arising from such a marriage or relationship.
(3) For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union.
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Ga. Code 19-3-3.1
Marriages between persons of same sex prohibited; marriages not recognized.
(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.
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The legislature shall have the power to reserve marriage to opposite-sex couples.
Haw. Rev Stat. § 572-1
In order to make valid the marriage contract, which shall be only between a man and a woman . . . .
Haw. Rev Stat. § 572-3
Marriages between a man and a woman legal in the country where contracted shall be held legal in the courts of this State.
NOTE: The Hawaii Supreme Court held the marriage law presumptively unconstitutional in Baehr v. Lewin, 852 P.2d 44 (1993), and after a trial, a circuit court judge declared it unconstitutional in Baehr v. Miike, Civ. No. 91-1394, 1996 WL 694235 (Haw. Cir. Ct. Dec. 3, 1996), aff'd Baehr v. Miike, 950 P.2d 1234 (Haw. 1997) . During that appeal, the Hawaii Legislature passed a proposed amendment to the Hawaii Constitution which would overturn these court rulings. On Nov. 3, 1998, the proposed amendment passed by a vote of 69 to 31 percent. The Court considered the amendment's impact, then reversed and remanded the case. See Baehr v. Miike, 994 P.2d 566 (Haw. 1999).
Haw. Rev Stat. § 572-6
Nothing in this chapter shall be construed to render unlawful, or otherwise affirmatively punishable at law, the solemnization of same-sex relationships by religious organizations; provided that nothing in this section shall be construed to confer any of the benefits, burdens, or obligations of marriage under the laws of Hawaii.
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Idaho Code § 32-209
Recognition of foreign or out-of-state marriages.
All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state
Ill. Comp. Stat. § 5/213.1
Same-sex marriages; public policy
A marriage between 2 individuals of the same sex is contrary to the public policy of this State.
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Ind. Code § 31-11-1-1
Same sex marriages prohibited
(a) Only a female may marry a male. Only a male may marry a female.
(b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.
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Iowa Code § 595.2
Age - gender
1. Only a marriage between a male and a female is valid.
Iowa Code§ 595.20
595.20. Foreign marriages--validity
A marriage which is solemnized in any other state, territory, country, or any foreign jurisdiction which is valid in that state, territory, country, or other foreign jurisdiction, is valid in this state if the parties meet the requirements for validity pursuant to section 595.2, subsection 1, and if the marriage would not otherwise be declared void.
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Kan. Stat. §23-101
Nature of marriage relation.
The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law.
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Ky. Rev. Stat. § 402.020
Other
prohibited marriages
(1) Marriage is prohibited and void:
(a) With a person who has been adjudged mentally disabled by a court of competent
jurisdiction;
(b) Where there is a husband or wife living, from whom the person marrying
has not been divorced;
(c) When not solemnized or contracted in the presence of an authorized person
or society;
(d) Between members of the same sex;
(e) Between more than two (2) persons; . . .
Ky. Rev. Stat. § 402.040
Marriage
in another state
(1) If any resident of this state marries in another state, the marriage shall
be valid here if valid in the state where solemnized, unless the marriage
is against Kentucky public policy.
(2) A marriage between members of the same sex is against Kentucky public
policy and shall be subject to the prohibitions established in KRS 402.045.
Ky. Rev. Stat. § 402.045
Same-sex
marriage in another jurisdiction void and unenforceable
(1) A marriage between members of the same sex which occurs in another jurisdiction
shall be void in Kentucky.
(2) Any rights granted by virtue of the marriage, or its termination, shall
be unenforceable in Kentucky courts.
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La.
Civ. Code Art. 89
Impediment of same sex
Persons of the same sex may not contract marriage with each other. A purported
marriage between persons of the same sex contracted in another state shall
be governed by the provisions of Title II of Book IV of the Civil Code.
La. Civ. Code Art. 3520
A marriage that is valid in the state where contracted, or in the state where
the parties were first domiciled as husband and wife, shall be treated as
a valid marriage unless to do so would violate a strong public policy of the
state whose law is applicable to the particular issue under Article 3519.
A purported marriage between persons of the same sex violates a strong public
policy of the state of Louisiana and such a marriage contracted in another
state shall not be recognized in this state for any purpose, including the
assertion of any right or claim as a result of the purported marriage
La.
Rev. Stat. § 9:272
Covenant marriage; intent; conditions to create
A. A covenant marriage is a marriage entered into by one male and one female
who understand and agree that the marriage between them is a lifelong relationship.
Parties to a covenant marriage have received counseling emphasizing the nature
and purposes of marriage and the responsibilities thereto. Only when there
has been a complete and total breach of the marital covenant commitment may
the non-breaching party seek a declaration that the marriage is no longer
legally recognized.
La. Rev. Stat. § 9:273
Covenant
marriage; contents of declaration of intent
A. A declaration of intent to contract a covenant marriage shall contain all
of the following:
(1) A recitation signed by both parties to the following effect:
"A COVENANT MARRIAGE
We do solemnly declare that marriage is a covenant between a man and a woman
who agree to live together as husband and wife for so long as they both may
live. We have chosen each other carefully and disclosed to one another everything
which could adversely affect the decision to enter into this marriage. We
have received premarital counseling on the nature, purposes, and responsibilities
of marriage. We have read the Covenant Marriage Act, and we understand that
a Covenant Marriage is for life. If we experience marital difficulties, we
commit ourselves to take all reasonable efforts to preserve our marriage,
including marital counseling.
With full knowledge of what this commitment means, we do hereby declare that
our marriage will be bound by Louisiana law on Covenant Marriages and we promise
to love, honor, and care for one another as husband and wife for the rest
of our lives."
La. Rev. Stat. § 9:275
Covenant marriage; applicability to already married couples
C. (1)
A declaration of intent to designate a marriage as a covenant marriage shall
contain all of the following:
(a) A recitation signed by both parties to the following effect:
"A COVENANT MARRIAGE
We do solemnly declare that marriage is a covenant between a man and a woman
who agree to live together as husband and wife for so long as they both may
live. We understand the nature, purpose, and responsibilities of marriage.
We have read the Covenant Marriage Act, and we understand that a Covenant
Marriage is for life. If we experience marital difficulties, we commit ourselves
to take all reasonable efforts to preserve our marriage, including marital
counseling.
With full knowledge of what this commitment means, we do hereby declare that
our marriage will be bound by Louisiana law on Covenant Marriage, and we renew
our promise to love, honor, and care for one another as husband and wife for
the rest of our lives."
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Me. Rev. Stat. tit. 19-A § 701
Prohibited marriages; exceptions
1. Marriage out of State to evade law. When residents of this State, with intent to evade this section and to return and reside here, go into another state or country to have their marriage solemnized there and afterwards return and reside here, that marriage is void in this State.
1-A. Certain marriages performed in another state not recognized in this State. Any marriage performed in another state that would violate any provisions of subsections 2 to 5 if performed in this State is not recognized in this State and is considered void if the parties take up residence in this State.
...
5. Same sex marriage prohibited. Persons of the same sex may not contract marriage.
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Md. Code Fam. § 2-201
Marriages
which are valid
Only a marriage between a man and a woman is valid in this State.
Massachussets - none
Mich. Comp. Laws Ann. § 551.1
Marriage between same sex, invalidity
Sec. 1. Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
Mich Comp. Laws Ann. § 551.271
Marriages solemnized in another state validated; exclusion of same sex marriages
Sec. 1. (1) Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws .
(2) This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.
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Minn Stat. Ann. § 517.01
Marriage a civil contract
Marriage, so far as its validity in law is concerned, is a civil contract between a man and a woman, to which the consent of the parties, capable in law of contracting, is essential. Lawful marriage may be contracted only between persons of the opposite sex and only when a license has been obtained as provided by law and when the marriage is contracted in the presence of two witnesses and solemnized by one authorized, or whom one or both of the parties in good faith believe to be authorized, so to do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void.
Minn Stat. Ann. § 517.03
Prohibited
marriages
Subdivision 1. General. (a) The following marriages are prohibited:
...
(4) a marriage between persons of the same sex.
(b) A marriage entered into by persons of the same sex, either under common
law or statute, that is recognized by another state or foreign jurisdiction
is void in this state and contractual rights granted by virtue of the marriage
or its termination are unenforceable in this state.
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Miss. Code § 93-1-1(2)
(2)
Any marriage between persons of the same gender is prohibited and null and
void from the beginning. Any marriage between persons of the same gender that
is valid in another jurisdiction does not constitute a legal or valid marriage
in Mississippi.
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Mo. Rev.
Stat. § 451.022
Marriage, public policy, validity--marriage licenses, issued, when
1. It is the public policy of this state to recognize marriage only between
a man and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex will not be recognized for any
purpose in this state even when valid where contracted.
Mont. Code Ann. § 40-1-401
(1) The following marriages are prohibited:
...
(d) a marriage between persons of the same sex.
(3) Children born of a prohibited marriage are legitimate.
(4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.
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Neb. Const. Art. I, § 29
Only 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.
Nev. Rev. Stat. § 122.020
Persons
capable of marriage
1. A male and a female person, at least 18 years of age, not nearer of
kin than second cousins or cousins of the half blood, and not having a husband
or wife living, may be joined in marriage.
N.H. Rev. Stat. § 457:1
Marriages
Prohibited; Men.
No man shall marry his mother, his father's sister, mother's sister, daughter,
sister, son's daughter, daughter's daughter, brother's daughter, sister's
daughter, father's brother's daughter, mother's brother's daughter, father's
sister's daughter, mother's sister's daughter, or any other man.
N.H. Rev. Stat. § 457:2
Marriages
Prohibited; Women.
No woman shall marry her father, her father's brother, mother's brother, son,
brother, son's son, daughter's son, brother's son, sister's son, father's
brother's son, mother's brother's son, father's sister's son, mother's sister's
son, or any other woman.
New Jersey - none
New Mexico -none
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N. C. Gen. Stat. § 51-1.2
Marriages
between persons of the same gender not valid
Marriages, whether created by common law, contracted, or performed outside
of North Carolina, between individuals of the same gender are not valid in
North Carolina.
N.D. Cent. Code § 14-03-01
What constitutes marriage -- Spouse defined.
Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife.
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2004
Ohio Laws File 61 (H.B. 272)
"DEFENSE OF MARRIAGE ACT"--SAME-SEX MARRIAGES--AGAINST PUBLIC POLICY
To amend
sections 3101.01 and 3105.12 of the Revised Code to specifically declare that
same-sex marriages are against the strong public policy of the state, to declare
that the recognition or extension by the state of the specific statutory benefits
of legal marriage to nonmarital relationships is against the public policy
of the state, and to make other declarations regarding same-sex marriages.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3101.01 and 3105.12 of the Revised Code be amended
to read as follows:
OH ST 3101.01
(A) Male persons of the age of eighteen years, and female persons of the age
of sixteen years, not nearer of kin than second cousins, and not having a
husband or wife living, may be joined in marriage. A marriage may only be
entered into by one man and one woman.
...
(C)(1) Any marriage between persons of the same sex is against the strong
public policy of this state. Any marriage between persons of the same sex
shall have no legal force or effect in this state and, if attempted to be
entered into in this state, is void ab initio and shall not be recognized
by this state.
(2) Any marriage entered into by persons of the same sex 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.
(3) The recognition or extension by the state of the specific statutory benefits
of a legal marriage to nonmarital relationships between persons of the same
sex or different sexes is against the strong public policy of this state.
Any public act, record, or judicial proceeding of this state, as defined in
section 9.82 of the Revised Code, that extends the specific statutory benefits
of legal marriage to nonmarital relationships between persons of the same
sex or different sexes is void ab initio. Nothing in division (C)(3) of this
section shall be construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons,
married or unmarried, to nonmarital relationships between persons of the same
sex or different sexes, including the extension of benefits conferred by any
statute that is not expressly limited to married persons, which includes but
is not limited to benefits available under Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that are otherwise valid under
the laws of this state.
(4) Any public act, record, or judicial proceeding of any other state, country,
or other jurisdiction outside this state that extends the specific benefits
of legal marriage to nonmarital relationships between persons of the same
sex or different sexes 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.
OH ST
3105.12
(A) Except as provided in division (B) of this section, proof of cohabitation
and reputation of the marriage of a man and woman is competent evidence to
prove their marriage, and, in the discretion of the court, that proof may
be sufficient to establish their marriage for a particular purpose.
(B)(1) On and after the effective date of this amendment October 10, 1991,
except as provided in divisions (B)(2) and (3) of this section, common law
marriages are prohibited in this state, and the marriage of a man and woman
may occur in this state only if the marriage is solemnized by a person described
in section 3101.08 of the Revised Code and only if the marriage otherwise
is in compliance with Chapter 3101. of the Revised Code.
(2) Common law marriages that occurred in this state prior to the effective
date of this amendment October 10, 1991, and that have not been terminated
by death, divorce, dissolution of marriage, or annulment remain valid on and
after the effective date of this amendment October 10, 1991.
(3) Common law marriages that satisfy all of the following remain valid on
and after the effective date of this amendment October 10, 1991:
(a) They came into existence prior to the effective date of this amendment
October 10, 1991, or come into existence on or after that date, in another
state or nation that recognizes the validity of common law marriages in accordance
with all relevant aspects of the law of that state or nation.
(b) They have not been terminated by death, divorce, dissolution of marriage,
annulment, or other judicial determination in this or another state or in
another nation.
(c) They are not otherwise deemed invalid under section 3101.01 of the Revised
Code.
(4) On and after the effective date of this amendment October 10, 1991, all
references in the Revised Code to common law marriages or common law marital
relationships, including the references in sections 2919.25, 3113.31, and
3113.33 of the Revised Code, shall be construed to mean only common law marriages
as described in divisions (B)(2) and (3) of this section.
SECTION 2. That existing sections 3101.01 and 3105.12 of the Revised Code
are hereby repealed.
SECTION 3. In enacting new division (C) of section 3101.01 of the Revised
Code in this act, all the following apply:
(A) The General Assembly declares and reaffirms the state of Ohio's historical
commitment to the institution of marriage as a union between a man and a woman
as husband and wife.
(B) The General Assembly declares its intent to define marriage and clarify
that relationships that are intended as substitutes for marriage, including
but not limited to "civil unions" as provided for in Vt. Stat. Ann.
tit. 15, § 1202 (2003), will not be recognized in this state. It is not
the intent of the General Assembly to prohibit the extension of specific benefits
otherwise enjoyed by all persons, married or unmarried, to relationships between
persons of the same sex or different sexes.
(C) The General Assembly declares its intent not to make substantive changes
in the law of this state that is in effect on the day prior to the effective
date of this act with respect to the validity of marriages heretofore occurring
within this state.
Date Passed: February 3, 2004; Approved: February 6, 2004; Effective: May
7, 2004
Okla. Stat. tit. 43 § 3.1
Recognition of marriage between persons of same gender prohibited
A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
Or. Stat. § 106.041
Marriage license required; application; contents
(1) All persons wishing to enter into a marriage contract shall obtain a license therefor from the county clerk upon application, directed to any person or religious organization or congregation authorized by ORS 106.120 to solemnize marriages, and authorizing such person, organization or congregation to join together as husband and wife the persons named in the license.
(2) No
license shall be issued by the county clerk until the provisions of this section,
ORS 106.050 and 106.060 are complied with.
Pa. Cons. Stat. § 1102
Definitions
"Marriage." A civil contract by which one man and one woman take
each other for husband and wife.
Pa. Cons. Stat. § 1704
Marriage between persons of the same sex
It is
hereby declared to be the strong and longstanding public policy of this Commonwealth
that marriage shall be between one man and one woman. A marriage between persons
of the same sex which was entered into in another state or foreign jurisdiction,
even if valid where entered into, shall be void in this Commonwealth.
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Rhode Island - none
S.C. Code § 20-1-15
Prohibition of same sex marriage.
A marriage between persons of the same sex is void ab initio and against the public policy of this State.
S.D. Codified Laws § 25-1-1
Marriage defined -- Consent and solemnization required.
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
S.D. Codified Laws § 25-1-38
Validity of marriages contracted outside state -- Same-sex marriages excluded.
Any marriage
contracted outside the jurisdiction of this state, except a marriage contracted
between two persons of the same gender, which is valid by the laws of the
jurisdiction in which such marriage was contracted, is valid in this state.
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Tenn. Code § 36-3-113
Marriage between one man and one woman only legally recognized marital contract.
(a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
(b) The legal union in matrimony of only one (1) man
and one (1) woman shall be the only recognized marriage in this state.
(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
(d) If another state or foreign jurisdiction issues a license for persons to marry which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.
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Tex. Fam. Code § 2.001
Marriage License
(a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
(b) A
license may not be issued for the marriage of persons of the same sex.
Utah Code § 30-1-2
Marriages prohibited and void.
The following
marriages are prohibited and declared void:
…
(5) between persons of the same sex.
Utah Code Ann. § 30-1-4
A marriage solemnized in any other country, state, or territory, if valid where solemnized, is valid here, unless it is a marriage:
(1) that would be prohibited and declared void in this state, under Subsection 30-1-2(1), (3), or (5); or
(2) between parties who are related to each other within and including three degrees of consanguinity, except as provided in Subsection 30-1-1(2).
Vt. Stat. tit.15 § 8
Marriage definition
Marriage is the legally recognized union of one man and one woman.
Vt. Stat. tit.15 § 1201
Definitions
As used in this chapter:
…
(4) "Marriage"
means the legally recognized union of one man and one woman.
Va. Code § 20-45.2
Marriage between persons of same sex.
A marriage between persons of the same sex is prohibited. Any marriage entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created by such marriage shall be void and unenforceable.
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Wash. Rev. Code § 26.04.010
Marriage contract--Void marriages
(1) Marriage is a civil contract between a male and a female who have each attained the age of eighteen years, and who are otherwise capable.
Wash. Rev. Code § 26.04.020
(1) Marriages in the following cases are prohibited:
...
(c) When the parties are persons other than a male and a female.
...
(3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a), (1)(c), or (2) of this section.
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W. Va. Code § 48-2-104
Contents
of the application for a marriage license
…
(c) Every application for a marriage license must contain the following statement:
"Marriage is designed to be a loving and lifelong union between a woman
and a man.
W. Va. Code § 48-2-603
Certain acts, records, and proceedings not to be given effect in this state
A public
act, record or judicial proceeding of any other state, territory, possession
or tribe respecting a relationship between persons of the same sex that is
treated as a marriage under the laws of the other state, territory, possession,
or tribe, or a right or claim arising from such relationship, shall not be
given effect by this state.
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Wis. Stat. §765.01
A civil contract
Marriage,
so far as its validity at law is concerned, is a civil contract, to which
the consent of the parties capable in law of contracting is essential, and
which creates the legal status of husband and wife.
Wyo. Stat. § 20-1-101
Marriage a civil contract.
Marriage
is a civil contract between a male and a female person to which the consent
of the parties capable of contracting is essential.
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