The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex couples.
Proposition 22 was a law enacted by California voters in March 2000 stating that marriage was between one man and one woman. In November 2008, Proposition 8 was also passed by voters, again only allowing marriage between one man and one woman.
Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. 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. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.
Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.
The Tennessee Marriage Protection Amendment, also known as Tennessee Amendment 1 of 2006, is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specified that only a marriage between a man and a woman could be legally recognized in the state of Tennessee. This prohibited same-sex marriages within the state, reinforcing previously existing statutes to the same effect until it was overturned by the Obergefell v. Hodges ruling in June 2015.
Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.
Constitutional Amendment 2 of 2004 is an amendment to the Missouri Constitution that prohibited same-sex marriages from being recognized in Missouri. The Amendment passed via public referendum on August 3, 2004 with 71% of voters supporting and 29% opposing. Every county voted in favor of the amendment, with only the independent city of St. Louis voting against it.
Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or any substantially similar legal status. The referendum was approved by 59% of voters during the general elections in November 2006. All counties in the state voted for the amendment except Dane County, which opposed it. The constitutional amendment created by Referendum 1 has been effectively nullified since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges that state-level bans on same-sex marriage are unconstitutional.
Proposition 2 was a referendum for a state constitutional amendment placed on the ballot by the Texas legislature and approved by the voters at the November 8, 2005 general election. The measure added a new provision to the Texas Constitution, Article 1, Section 32, which provides that "Marriage in this state shall consist only of the union of one man and one woman", and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." Texas thus became the nineteenth US state to adopt constitutional amendment banning same-sex marriage. It was the most populous state to adopt a constitutional ban on same-sex marriage until California passed its ban in November 2008. The amendment was later invalidated after the Supreme Court legalized Same-Sex marriage nationwide following the decision in Obergefell v. Hodges in June 2015, though the amendment is still currently in the Texas Constitution.
The Amendment 774 of 2006, also known as Alabama Sanctity of Marriage Amendment, is an amendment to the Alabama Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The legislature passed Alabama Act 2005-35, which placed this amendment on the election ballot. The referendum was approved by 81% of the voters.
Georgia Constitutional Amendment 1 of 2004, is an amendment to the Georgia Constitution that previously made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 76% of the voters.
Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted same-sex partnerships.
2006 Virginia Question 1, the Marshall-Newman Amendment is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximat[ing] the design, qualities, significance, or effects of marriage". The amendment was ratified by 57% of the voters on November 7, 2006. It became part of the state Constitution as Section 15-A of Article 1. In 2014, the amendment was ruled unconstitutional in Bostic v. Schaefer.
Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.
Varnum v. Brien, 763 N.W.2d 862, was an Iowa Supreme Court case in which the Court unanimously held that the state's limitation of marriage to opposite-sex couples violated the equal protection clause of the Iowa Constitution. The case had the effect of legally recognizing same-sex marriage in Iowa. In 2007, a lower court had granted summary judgment in favor of six same-sex couples who sued Timothy Brien, Polk County Recorder, for refusing to grant them marriage licenses.
Florida Amendment 2 is an amendment made to the Constitution of Florida in 2008. It added Article I, Section 27 to the constitution, which defines marriage as a union only between one man and one woman, and thus bans the creation of similar unions, such as civil unions or same-sex marriage.
Same-sex marriage has been fully recognized in the U.S. state of Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.
Citizens for Equal Protection v. Bruning, 455 F.3d 859, was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit. It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.
North Carolina Amendment 1 was a legislatively referred constitutional amendment in North Carolina that amended the Constitution of North Carolina to prohibit the state from recognizing or performing same-sex marriages or civil unions. The amendment did not prohibit domestic partnership agreements, but defined male–female marriage as "the only domestic legal union" considered valid or recognized in the state. On May 8, 2012, North Carolina voters approved the amendment, 61% to 39%, with a voter turnout of 35%. On May 23, 2012, the amendment took effect.
Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.
