Peter Sprigg

How many states have banned gay ‘marriage’?

Peter Sprigg
By Peter Sprigg
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May 24, 2012 (FRC.org) - In the wake of the passage of North Carolina’s marriage amendment on May 8, by an overwhelming 61%-39% margin, there have been a number of media reports on the state of marriage law in the fifty states, and how many states have taken action to prevent the issuances of marriage licenses to couples of the same sex. The numbers reported in these stories have sometimes been contradictory, and this may lead to some confusion. With this article, I will try to clarify where the states now stand on this issue.

First, let’s look at states that have amended their state constitutions in such a way as to prevent the legalization of same-sex “marriage” in those states. Including North Carolina, there are thirty (30) states in which the definition of marriage as the union of one man and one woman has been directly enshrined in the state’s constitution in explicit language. In these thirty states, neither the legislature nor the state courts have the power to legalize same-sex “marriage” – at least, not unless and until the people of those states vote to amend their constitutions again to repeal the current provisions.

Opponents of the marriage amendment in North Carolina made much of the fact that the amendment on the ballot included not only language defining the word “marriage,” but also additional language intended to make certain that the state would not create some sort of quasi-marital status under another name (such as “civil unions” or “domestic partnerships”) to give some or all of the traditional legal “benefits” of “marriage” to same-sex couples.

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This provision was described by opponents as though it was a radical and extreme provision unique to the North Carolina amendment. The truth is exactly the opposite–in fact, a clear majority of the states which have adopted amendments to define marriage (twenty of the thirty) have used what is sometimes called a “strong” or “two-sentence” amendment to prevent civil unions and domestic partnerships, as well as same-sex “marriage.” The North Carolina amendment represented the norm, not the exception.

The other ten states have simpler amendments sometimes described as “single-sentence,” or “definition-only” amendments, which address only the definition of civil marriage itself. (The pro-homosexual lobby “Human Rights Campaign,” which usually tracks state laws very closely, has inaccurately omitted Kansas from the list of states with “strong” marriage amendments.)

Some opponents of the North Carolina amendment argued that it could prevent even private companies from offering “domestic partner benefits,” or prevent same-sex partners from even entering into private contracts with one another. Similar charges have been made about two of the “strong” amendments already adopted, those in Michigan and Virginia. These charges are plainly false–the amendments are intended only to bind state and local governments, not private entities (Virginia’s amendment refers explicitly to “this Commonwealth or its political subdivisions”).  North Carolina’s amendment language closely resembles that of Idaho, and added language in the Michigan and Virginia amendments was intended to forestall any effort to evade the amendment’s intent, which was to ensure that same-sex relationships would not be treated as equivalent or comparable to opposite-sex marriages in any way under the law.

Although thirty states have amended their constitutions to define marriage as the union of a man and a woman, there are actually thirty-one states that have amended their constitutions in an effort to prevent same-sex “marriage.” The thirty-first (in this analysis) was actually one of the first chronologically. The prospect of legalizing same-sex “marriage” was not taken very seriously until the early 1990’s, when a court in Hawaii gave indications that it might be the first to order legalization of same-sex “marriage.”

The people responded by amending their constitution–but the Hawaii amendment did not actually place a definition of marriage in the text of the constitution. Instead, the Hawaii amendment reserved to the legislature the power to define marriage as the union of one man and one woman (which they did, by statute). So in Hawaii, like the other states with marriage amendments, state courts have no power to change the definition of marriage. However, unlike the other thirty states, Hawaii has left the legislature with the freedom to legalize same-sex “marriage,” if they should choose to do so. (In my writings, I have usually not counted Hawaii’s as a true marriage amendment because it did not fix the definition of marriage in the constitutional text. However, it certainly counted as a victory in the fight to prevent redefinition of marriage.)

That brings us to 31; but you may also have heard pro-family spokesmen declare that after North Carolina, “32 out of 32 states that have voted on the issue have voted to uphold the definition of marriage as the union of a man and a woman.” Where do they get 32?

In 2009, Maine’s legislature passed a bill to legalize same-sex “marriage.” However, opponents of the bill were able to place it on the ballot, and before it ever took effect, the voters repealed it in a referendum sometimes referred to as a “people’s veto.” This was another victory for one-man-one-woman marriage, but it did not amend the state’s constitution—it merely removed the statutory language adopted by the legislature. (Because Maine does not have an actual marriage amendment, advocates of same-sex “marriage” there–apparently believing that public opinion has shifted in their favor since 2009–have been pushing for another referendum to restore same-sex “marriage.”)

To further confuse things–while the pro-family claims of a 32-state winning spree at the ballot box are accurate, this does not mean that traditional marriage has won every time marriage has been on the ballot. There is one state, Arizona, which has voted on marriage amendments twice. The first time, in 2006, voters weighed in on a proposed “strong” or “two-sentence” amendment which would have prevented the state from establishing “civil unions” or “domestic partnerships” as well as same-sex “marriage.” This amendment was defeated–ironically, because opponents drew attention to its potential impact on opposite-sex couples, not same-sex ones. (Social Security imposes an unfortunate marriage penalty upon widowed recipients of survivor benefits if they choose to marry again. This has provided an incentive for some seniors–a significant population in the popular retirement state of Arizona–to cohabit rather than re-marry, and some states and localities have taken this into account by creating “domestic partnerships” for same-sex couples and opposite-sex seniors.) In 2008, however, voters adopted a revised, one-sentence, definition-of-marriage-only amendment, thus placing Arizona ultimately in the victory column.

There is one additional state-wide referendum that could be counted as a 33rd victory at the polls for the man-woman definition of marriage–even though the word “marriage” did not appear on the ballot. I refer to the 2010 judicial retention election in Iowa, in which three of the state Supreme Court justices who had voted to impose same-sex “marriage” on that state in 2009 were removed from office. This was unprecedented in the history of the state, and few observers doubt that the marriage case was the reason for it.

The 30—or 31—states with some form of “marriage amendment” should not be considered the only ones that have acted to protect the definition of marriage, however. Only six states (plus the District of Columbia) currently grant marriage licenses to same-sex couples, so the number of states which define marriage as the union of a man and a woman is currently 44, not just 30.

In two of those states (Washington and Maryland), the legislatures this year voted to legalize same-sex “marriage,” but those laws have not taken effect, and pro-family forces in both states are attempting to place the issue on this November’s ballot in hope of achieving a “people’s veto” like the one that occurred in Maine. Even with Washington and Maryland excluded based on a pending change in their laws, the number of states that define marriage as the union of a man and a woman is 42, not just 30.

We in the pro-family movement do not consider the social institution of marriage to be inherently stronger in states which have defined it as the union of a man and a woman in the constitution than in states which have such a definition by statutory or common law. Marriage is not stronger there–merely safer, in that an amendment has the political and legal effect of making a redefinition of marriage more difficult and thus less likely in that state in the future. Researchers wanting to compare states on the issue of same-sex “marriage” should compare the 42 (or, for the time being, 44) states without it to the six states which have it–rather than comparing the thirty (or 31) states with amendments to the 19 or 20 without them.

So in conclusion, let’s walk through the numbers again:

Number of states in which the state constitution prevents legal recognition of same-sex “marriages,” “civil unions,” or “domestic partnerships”:    20

They are:

Alabama       2006

Arkansas       2004

Florida         2008

Georgia         2004

Idaho           2006

Kansas         2005

Kentucky       2004

Louisiana       2004

Michigan       2004

Nebraska       2000

North Carolina 2012

North Dakota   2004

Ohio           2004

Oklahoma     2004

South Carolina 2006

South Dakota   2006

Texas           2005

Utah           2004

Virginia       2006

Wisconsin       2006

Number of states in which the state constitution defines civil “marriage” as the union of one man and one woman:        30

To those above, add:

Alaska         1998

Arizona         2008

California       2008

Colorado       2006

Mississippi     2004

Missouri       2004

Montana       2004

Nevada         2002

Oregon         2004

Tennessee     2006

Number of states which have amended their state constitutions to prevent legalization of same-sex “marriage”:  31

To the states above, add Hawaii amendment (1998) reserving the definition of marriage to the legislature

Number of states in which voters have upheld the definition of marriage as the union of one man and one woman in a statewide referendum:  32

To the states above, add Maine’s “people’s veto” (2009) of same-sex “marriage” legislation

Number of states where voters have, either explicitly or implicitly, rejected the legalization of same-sex “marriage”:  33

To the states above, add Iowa’s judicial retention election (2010), removing state Supreme Court judges who voted to impose same-sex “marriage”

Number of states where marriage remains the union of a man and a woman under state law:  42

Number of states which currently (May 2012) grant marriage licenses only for unions of one man and one woman:  44

Includes Washington and Maryland, where same-sex “marriage” legislation has been enacted but not yet taken effect.

Reprinted with permission from FRCblog.com

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Lisa Bourne

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Pressure mounts as Catholic Relief Services fails to act on VP in gay ‘marriage’

Lisa Bourne
By Lisa Bourne
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Rick Estridge, Catholic Relief Services' Vice President of Overseas Finance, is in a same-sex "marriage," public records show. Twitter

BALTIMORE, MD, April 24, 2015 (LifeSiteNews.com) -- Nearly a week after news broke that a Catholic Relief Services vice president had contracted a homosexual “marriage” while also publicly promoting homosexuality on social media in conflict with Church teaching, the US Bishops international relief agency has taken no apparent steps to address the matter and is also not talking.

CRS Vice President of Overseas Finance Rick Estridge entered into a homosexual “marriage” in Maryland the same month in 2013 that he was promoted by CRS to vice president, public records show.

Despite repeated efforts at a response, CRS has not acknowledged LifeSiteNews’ inquiries during the week. And the agency told ChurchMilitant.com Thursday that no action had been taken beyond discussion of the situation and CRS would have no further comment.

"Nothing has changed,” CRS Senior Manager for Communications Tom said. “No further statement will be made."

LifeSiteNews first contacted CRS for a response prior to the April 20 release of the report and did not receive a reply, however Estridge’s Facebook and LinkeIn profiles were then removed just prior to the report’s release.

CRS also did not acknowledge LifeSiteNews’ follow-up inquiry later in the week.

“Having an executive who publicly celebrates a moral abomination shows the ineffectiveness of CRS' Catholic identity training,” Lepanto Institute President Michael Hichborn told LifeSiteNews. “How many others who hate Catholic moral teaching work at CRS?”

CRS did admit it was aware Estridge was in a “same-sex civil marriage” to Catholic News Agency (CNA) Monday afternoon, and confirmed he was VP of Overseas Finance and had been with CRS for 16 years.

“At this point we are in deliberations on this matter,” Price told CNA that day.

ChurchMilitant.com also reported that according to its sources, it was a well-known fact at CRS headquarters in Baltimore that Estridge was in a homosexual “marriage.” 

“There is no way CRS didn't know one of its executives entered into a mock-marriage until we broke the story,” Hichborn said. “The implication is clear; CRS top brass had no problem with having an executive so deliberately flouting Catholic moral teaching.”

“The big question is,” Hichborn continued, “what other morally repugnant matters is CRS comfortable with?”

While the wait continues for the Bishops’ relief organization to address the matter, those behind the report and other critics of prior instances of CRS involvement in programs and groups that violate Church principles continue to call for a thorough and independent review of the agency programs and personnel.

“How long should it take to call an employee into your office, tell him that his behavior is incompatible with the mission of the organization, and ask for his resignation?” asked Population Research Institute President Steven Mosher. “About thirty minutes, I would say.”

“The Catholic identity of CRS is at stake,” Hichborn stated. “If CRS does nothing, then there is no way faithful Catholics can trust the integrity of CRS's programs or desire to make its Catholicity preeminent.” 

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Thousands of marriage activists gathered in D.C. June 19, 2014 for the 2nd March for Marriage. Dustin Siggins / LifeSiteNews.com
The Editors

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Watch the March for Marriage online—only at LifeSiteNews

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WASHINGTON, D.C., April 24, 2015 (LifeSiteNews.com) -- At noon on Saturday, the National Organization for Marriage (NOM) and dozens of cosponsors, coalition partners, and speakers will launch the third annual March for Marriage. Thousands of people are expected to take place in this important event to show the support real marriage has among the American people.

As the sole media sponsor of the March, LifeSiteNews is proud to exclusively livestream the March. Click here to see the rally at noon Eastern Time near the U.S. Capitol, and the March to the Supreme Court at 1:00 Eastern Time.

And don't forget to pray that God's Will is done on Tuesday, when the Supreme Court hears arguments about marriage!

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Hillary Clinton: ‘Religious beliefs’ against abortion ‘have to be changed’

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By Ben Johnson

NEW YORK CITY, April 24, 2015 (LifeSiteNews.com) – Speaking to an influential gathering in New York City on Thursday, Hillary Clinton declared that “religious beliefs” that condemn "reproductive rights," “have to be changed.”

“Yes, we've cut the maternal mortality rate in half, but far too many women are still denied critical access to reproductive health,” Hillary told the Women in the World Summit yesterday.

Liberal politicians use “reproductive health” as a blanket term that includes abortion. However, Hillary's reference echoes National Organization for Women (NOW) president Terry O’Neill's op-ed from last May that called abortion “an essential measure to prevent the heartbreak of infant mortality.”

The Democratic presidential hopeful added that governments should throw the power of state coercion behind the effort to redefine traditional religious dogmas.

“Rights have to exist in practice, not just on paper. Laws have to be backed up with resources, and political will,” she said. “Deep-seated cultural codes, religious beliefs, and structural biases have to be changed.”

The line received rousing applause at the feminist conference, hosted in Manhattan's Lincoln Center by Tina Brown.

She also cited religious-based objections to the HHS mandate, funding Planned Parenthood, and the homosexual and transgender agenda as obstacles that the government must defeat.

“America moves ahead when all women are guaranteed the right to make their own health care choices, not when those choices are taken away by an employer like Hobby Lobby,” she said. The Supreme Court ruled last year that closely held corporations had the right to opt out of the provision of ObamaCare requiring them to provide abortion-inducing drugs, contraceptives, and sterilization to employees with no co-pay – a mandate that violates the teachings of the Catholic Church and other Christian bodies.

Clinton lamented that “there are those who offer themselves as leaders...who would defund the country's leading provider of family planning,” Planned Parenthood, “and want to let health insurance companies once again charge women just because of our gender.”

“We move forward when gay and transgender women are embraced...not fired from good jobs because of who they love or who they are,” she added.

It is not the first time the former first lady had said that liberal social policies should displace religious views. In a December 2011 speech in Geneva, then-Secretary of State Hillary Clinton said perhaps the “most challenging issue arises when people cite religious or cultural values as a reason to violate or not to protect the human rights of LGBT citizens.” These objections, she said, are “not unlike the justification offered for violent practices towards women like honor killings, widow burning, or female genital mutilation.”

While opinions on homosexuality are “still evolving,” in time “we came to learn that no [religious] practice or tradition trumps the human rights that belong to all of us.”

Her views, if outside the American political mainstream, have been supported by the United Nations. The UN Population Fund stated in its 2012 annual report that religious objections to abortion-inducing drugs had to be overcome. According to the UNFPA report, “‘duty-bearers’ (governments and others)” have a responsibility to assure that all forms of contraception – including sterilization and abortion-inducing ‘emergency contraception’ – are viewed as acceptable – “But if they are not acceptable for cultural, religious or other reasons, they will not be used.”

Two years later, the United Nations' Committee on the Rights of the Child instructed the Vatican last February that the Catholic Church should amend canon law “relating to abortion with a view to identifying circumstances under which access to abortion services may be permitted.”

At Thursday's speech, Hillary called the legal, state-enforced implementation of feminist politics “the great unfinished business of the 21st century,” which must be accomplished “not just for women but for everyone — and not just in far away countries but right here in the United States.”

“These are not just women's fights. These have to be America's fights and the world's fights,” she said. “There's still much to be done in our own country, much more to be done around the world, but I'm confident and optimistic that if we get to work, we will get it done together.”

American critics called Clinton's suggestion that a nation founded upon freedom of religion begin using state force to change religious practices unprecedented.

“Never before have we seen a presidential candidate be this bold about directly confronting the Catholic Church's teachings on abortion,” said Bill Donohue of the Catholic League.

“In one sense, this shows just how extreme the pro-abortion caucus actually is,” Ed Morrissey writes at HotAir.com. “Running for president on the basis of promising to use the power of government to change 'deep seated cultural codes [and] religious beliefs' might be the most honest progressive slogan in history.”

He hoped that, now that she had called for governments to change religious doctrines, “voters will now see the real Hillary Clinton, the one who dismisses their faith just the same as Obama did, and this time publicly rather than in a private fundraiser.”

Donohue asked Hillary “to take the next step and tell us exactly what she plans to do about delivering on her pledge. Not only would practicing Catholics like to know, so would Evangelicals, Orthodox Jews, Muslims, and all those who value life from conception to natural death.”

You may watch Hillary's speech below.

Her comments on religion begin at approximately 9:00. 

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