Only a handful of U.S. states currently recognize civil unions and same-sex marriage. Learn how some states are progressing toward legal recognition, while others are moving further away from ultimately recognizing civil unions and same-sex marriage.
The rights of same-sex couples to marry have drawn resistance from organizations and individuals who claim that same-sex marriage harms the institution of marriage. This resistance has led to the passage of laws restricting marriage by partners of the same sex. Not only do these laws prohibit same-sex marriage within certain states; in some cases, they explicitly deny the recognition of same-sex marriages that occur in other states.
In some states, civil unions between same-sex couples are permitted as a compromise between prohibition and recognition of same-sex marriage. However, proponents of same-sex marriage contend that civil unions aren't an adequate substitute for the right to marry. This failure of states to recognize civil union rights acquired in other states creates inconsistency and inequity when couples move to or visit other states.
Some states don't issue marriage licenses to couples of the same sex, but laws that affect heterosexual married couples apply to same-sex couples that formed a civil union or married in another state. These states permit portability of marriage from another state for couples of the same sex; their laws don't specifically deny state rights, but are instead silent on the issue.
Proponents of same sex marriage have challenged bans in state and federal courts on the grounds are unconstitutional. For example, California issued marriage licenses to same-sex couples after the ruling by the California Supreme Court in May, 2008 that same-sex couples had the right to marry. In November, 2008, Constitutional Amendment Proposition 8 was passed banning same-sex marriages.
Proposition 8 was ruled unconstitutional by a federal district judge in August, 2010, although this decision is under appeal. As a result of the changing laws, California no longer issues marriage licenses to same-sex couples, but it does recognize same-sex marriages that occurred prior to the passage of Proposition 8.