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February 28, 2004

Marriage Law - States A thru F

I went to this page of statutes to have a state by state look at marriage law. I was curious to see what same-sex marriage laws typically looked like. Starting with the A’s.

Alabama
Section 30-1-19
Marriage, recognition thereof, between persons of the same sex prohibited.
(a) This section shall be known and may be cited as the "Alabama Marriage Protection Act."

(b) 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.

(c) 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.

(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.

(e) 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.
(Act 98–500, §§1, 2.)

Alaska
AS 25.05.013. Same-Sex Marriages.

(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.


Arizona
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.


Arkansas
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.
History. Acts 1997, No. 144, § 1.


Califonia
308.5. Only marriage between a man and a woman is valid or
recognized in California.


Colorado
14-2-104. Formalities.
(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.


Connecticut
Connecticut may or may not have a provision. Giving how confusing their web pages look, I doubt even they can tell.


Delaware
§ 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.


Florida
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.

History.--s. 1, ch. 97-268.


There we go, States A through F! I think an amendment would like pass, especially considering how much law would have to go out the window, especially in states that drone on endless with statutes defining “the rights of the wife”. I don't think passage of an Amendment in the states would be an issue, especially since many of the states that haven't already passed such an act haven't done so merely because they didn't think it would become necessary.

February 28, 2004 in Politics | Permalink

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Comments

I've read the law and the New Paultz Putz has to meet a jail cell.
"I was incarcerated for my conviction."
Bubba: "I don't care. Bend over."

Posted by: TC-LeatherPenguin at Feb 29, 2004 2:06:52 AM

If anybody pushed it, it probably would be passed fairly easily as the majority of people are against gay marriage; however, a lot of people are against the amendment to the constitution for an issue that they perceive to be a "states issue".

Posted by: SwampWoman at Feb 29, 2004 9:35:21 AM

This is true Swamp Woman, but the problem seems to be that though many states say they won't recognize gay marriages from other states, the gay activists are going to try to forcce them anyway, using the full faith and credit clause.

Essentially the way it's being pushed through by a couple mayors and 4 judges is that it doesn't matter what a state says, as long as just one state will recognize the rest can be forced to do the same.

Posted by: George Turner at Feb 29, 2004 2:53:13 PM

It all falls to how an ammendment is worded. My favorite proposed wording is:

1. The recognition and licencing of marriage is a legislative concern.

2. No State shall be required by this Constitution to recognize any marriage, civil union, espousal, or domestic partnership of any other State unless that State licences the same within it's own jusistiction.

Posted by: Random Numbers at Mar 2, 2004 11:43:12 AM