Wilson V. Ake - DOMA and State Legislation

DOMA and State Legislation

A majority of the states, including some that have benefits for same-sex relationships, have restricted recognition of marriage to unions of one man and one woman either by statute or an amendment to their state constitution. Most do not recognize same-sex unions from other jurisdictions, including other jurisdictions of the United States. States that permit same-sex marriages recognize same-sex marriages from other jurisdictions. Massachusetts recognizes civil unions established elsewhere as the legal equivalent of marriage. Connecticut, Iowa, Maryland, Massachusetts, New Hampshire, New York State, Vermont, Washington, and the District of Columbia allow marriages between persons of the same sex. Maine's statute recognizing same-sex marriages takes effect on December 29, 2012, and Maryland's takes effect January 1, 2013.

California, which sanctioned same-sex marriages for several months in 2008 and has a ban (Proposition 8) on same-sex marriage that is the subject of litigation, recognizes same-sex marriages from other jurisdictions as equivalent to marriages in all but name. Both New Mexico and Rhode Island recognise same-sex marriages from other jurisdictions. Other states that recognize same-sex marriages as civil unions or domestic partnerships include Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, Rhode Island, and Wisconsin.