List of U.S. State Constitutional Amendments Banning Same-sex Unions By Type | List State Constitutional Amendments Banning Same-sex Unions Type

List Of U.S. State Constitutional Amendments Banning Same-sex Unions By Type

There are several different types of state constitutional amendments banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as defense of marriage amendments. 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. As of December 2012, Massachusetts, Connecticut, Iowa, Vermont, New York, New Hampshire, Maine, Maryland and Washington are the only U.S. states to allow same-sex marriage. The District of Columbia also allows same-sex marriages.

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, seventeen 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. 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. California Proposition 8 was declared unconstitutional by Vaughn R. Walker, chief judge of the United States District Court for the Northern District of California, on August 4, 2010, in Perry v. Schwarzenegger, but his ruling was put on hold pending a request for a stay the same day. Nebraska Initiative Measure 416 was declared unconstitutional by Joseph F. Bataillon, district judge on the United States District Court for the District of Nebraska, in November, 2005 in Citizens for Equal Protection v. Bruning, but his ruling was reversed on appeal by the United States Court of Appeals for the Eighth Circuit, which ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."

This list only covers bans of civil unions, private contracts between same-sex couples and same-sex marriage in state constitutions; state statutes 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. In some states, one or both of these steps is repeated. The percentages shown in the list are results from the referendum stage, not the legislative stage.

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