From: [email-masked]
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Date: Fri, 2 May 1997 10:19:08 -0400 (EDT)

Anti-Marriage Bills 1997 -- State-By-State Status Report
         Evan Wolfson, Director of the Marriage Project
                          May 2, 1997

     In all fifty states today, same-sex couples are denied the freedom to
marry -- no
matter how long they have been together, no matter how committed their
relationship,
and no matter how much their families need the protections, benefits, and
responsibilities that come with civil marriage.  With a court challenge in
Hawaii likely to
end this discrimination within a  year, right-wing anti-gay organizations are
mounting a
state-by-state organized backlash campaign aimed at thwarting legal
recognition of the
lawful civil marriages that same-sex couples hope to celebrate some day.  In
1996, they
tried to pressure 37 state legislatures into passing anti-marriage bills;
most refused. 
This year, they are at it again.

     All other Americans take for granted that this is one country, and if
you are married,
you are married; no one believes that married couples should have to have a
marriage
visa stamped every time they cross a state border.  But if the
religious-political
extremists have their way in promoting "anti-marriage bills," same-sex
couples, their
families, states, taxpayers, employers, creditors, and others will literally
face the legal
and practical nightmare of "now you're married/now you're not." 

     The election-year passage of an unconstitutional federal anti-marriage
law in 1996
will not stop our struggle or success, nor will it end the backlash.
 Inserting the federal
government into marriage for the first time in U.S. history, the so-called
"Defense of
Marriage Act" (DOMA) created a radical caste-system of first-class and second
class
marriages.  Under DOMA, if  the federal government likes whom you marry, your
first-class marriage gets a vast array of legal and economic protections and
recognition.  But
if the federal government doesn't like whom you marry, your second-class
marriage is
denied federal recognition, protection, and benefits in all circumstances.
 DOMA's
blatant violation of constitutional principles of federalism,
non-discrimination, and
respect for lawful marriages shows the anti-marriage law to be, not just
gay-bashing,
but, in the words of The New York Times, "constitution bashing."  DOMA
represented a
concession by our enemies that gay people will win the freedom to marry; so
now they
seek to discriminate against those soon-to-be lawful marriages.  But in
America, we
shouldn't have second-class citizens, and we should not have second-class
marriages.

     Hearkening back to the not-so-long-ago ugly days of past discrimination
against
those who chose to marry the "wrong" kind of person (such as interracial or
interreligious couples), and the days when Americans had to "go to Reno" just
to get a
civil divorce, these state and federal anti-marriage bills are
unconstitutional, divisive,
wrong, and cruel.  They can and must be stopped now, state by state.

SUMMARY
Pending Anti-Marriage Measures: AL, CA, CO, CT, FL, HI, IN, KY, LA, MN, MT,
NE,
NJ, NY, OH, OR, TX, VT, WI (19)

Anti-Marriage Bills Adopted This Year:  AR, ME, MS, ND, VA  (5)

Anti-Marriage Bills Blocked This Year:  IA, MD, NH, NM, RI, WA, WV, WY  (8)

Pro-Marriage Bills Introduced: IL, MD, NE, RI, WA  (5)

               STATE-BY-STATE ANTI-MARRIAGE BILLS

Alabama
(Session ends 5/19)
     Senate Bill 282
     Senator Roger Bedford (D) intoduced anti-marriage bill that, like the
one
     that failed in 1996, bans marriage licenses for same-sex couples, denies
     recognition to lawful marriages from other states, and punishes by at
least
     $1000 any person who performs or "solemnizes" a same-sex couple's
     wedding.

     Senate Bill 1
     Likewise bars same-sex couples from marrying and denies legal
     recognition to their lawful marriages.  

     House Bill 482
     Similar to Senate Bill 1.  Passed committee.

Arkansas - Adopted
(4/4)
     Senate Bill 5
     Anti-marriage bills passed Senate (1/27) and House (1/22).  Signed by
          Governor Huckabee (R) on February 13.California
     Assembly Bill 800
     Introduced by Assemblymember Margett (R).

     Senate Bill 911
     Introduced by Senator Pete Knight (R), leading proponent of the three
     anti-marriage bills Californians were forced to grapple with in 1996.

Colorado
(5/7)
     House Bill 1198
     Introduced by Rep. Marilyn Musgrave (R), who proposed the same bill the
     year before.  Declares lawful marriages between people of the same sex
     "absolutely void."  Passed House.  Amended in Senate Judiciary
     Committee to require non-recognition of same-sex couples' lawful
     marriages, while deleting declaration that such marriages were against
the
     state's public policy.  Passed Senate as amended; now in Conference
     Committee.

Connecticut 
     Senate Bill 535
     Introduced by Senator Neilson.  Would restict marriage to only
different-sex couples.  Referred to Judiciary Committee.

Florida
(5/2)
     House Bill 147
     Introduced by Rep. Johnny Byrd.  Would restrict marriage to
different-sex
     couples only, and deny recognition to lawful marriages of same-sex
     couples under all circumstances.  Passed in stacked Governmental
     Operations Committee, and then passed the full House on March 25.

     Senate Bill 272
     Introduced by Sen. John Grant (R).  Passed Judiciary Committee March
     12; passed Senate.  Now before Governor Lawton Chiles (D) for signature
          or veto.Hawaii
(5/2)
     House Bill 117
     On April 29, both houses of the legislature voted for language of a
     proposed constitutional amendment which, if approved by the voters
     would permit (although not require) the legislature to restrict marriage
to
     opposite-sex couples.  The proposed amendment now will go to the
     voters in November 1998.  Even if approved, it would be 1999 before a
     discriminatory restriction on marriage could become law.  The amendment
     proposal was coupled with House Bill 118, legislation according same-sex
     couples (and other "reciprocal beneficiaries") the broadest package of
     rights and benefits ever accorded gay families in the U.S.  That law
takes
     effect in July 1997.  It is unclear what, if any, impact on all of this
will have
     on Baehr v. Miike, the landmark freedom to marry case, now pending
     before the Hawaii Supreme Court. 

Indiana
(3/7)
     House Bill 1019
     Introduced by Rep. Woody Burton (R).  Blocked in Families, Children &
     Human Affairs Committee.  No further action.  . Similar language has now
     been proposed by Rep. Burton as an amendment to an unrelated bill on
     welfare.  The amendment adds a non-recognition provision to the current
     restriction on marriage to different-sex couples.   After further
     manipulations of the rules, Rep. Burton succeeded in getting similar
     language voted out in another gutted bill, so anti-marriage legislation
is
     now before Gov. Frank O'Bannon for signature or veto.

     Senate Bill 211 
     Anti-marriage bill passed by Judiciary Committee.  Failed to proceed.

Iowa - Blocked!
(4/26)
     Senate Study Bill 114
     Introduced by Gov. Terry Branstad (R). Failed to proceed.

     House Study Bill 37
     Introduced by Governor.  Same.  Passed by Judiciary Committee, but
     failed to proceed prior to deadline.

Kentucky
(no regular session)
     Anti-marriage bills rejected in 1996 again "pre-filed," although unless
an
     irregular special session of the legislature is called, there will be no
action
     until 1998, if at all.

Louisiana
(6/23)
     Senate Bill 37
     Introduced by Sen. Phil Short (R) to amend the state constitution so as
to
     outlaw marriage between persons of the same-sex.  Failed to get the
     requisite two-thirds vote for passage, although it could be brought up
     again during the session.

Maine - Adopted
(6/21)
     In response to anti-gay right-wing group's petitions to force an
anti-gay
     anti-marriage initiative onto the November 1997 ballot, the legislature
     adopted the discriminatory legislation.  Gov. King refused to sign the
bill,
     blasting it as unconstitutional and wrong, but allowing it to become law
for
     the time being rather than permit a referendum.

Maryland - Blocked!
(4/7)
     House Bill 398
     Bill rejected last year again introduced by Emmett Burns on January 23. 
     Would declare same-sex couples' lawful marriages "repugnant," and
     refuse them recognition.  Hearing held on March 12 in House Judiciary
     Committee, which defeated the bill on March 17.

Minnesota
(5/19)    
     Senate Bill 11 
     Bill introduced prohibiting same-sex couples from marrying, refusing to
     recognize lawful marriages from other states, and denying same-sex
     couples "the benefits of marriage."  Referred to Judiciary Committee.

     House Bill 41
     Referred to Judiciary Committee.  Adopted by Committee as amendment
     to unrelated child-support bill as way of getting around the appropriate
          subcommittee. May proceed to House floor.Mississippi - Adopted
(4/4)
     Senate Bill 2053
     On January 10, without debate or hearings, Senate passes bill declaring
     that gay people may not marry and that lawful marriages of gay people
     performed in other states may not be recognized in Mississippi.  Passed
     by House, signed into law by Governor Kirk Fordice (R) while, as the AP
     describes it, "he is recovering from injuries suffered in a car accident
while
     returning from lunch with an unidentified women."  

Montana
(4/25)
     House Bill 323
     Would prohibit same-sex couples from legally marrying.  Hearings held in
     Judiciary Committee Feb. 13, passed House.  Amended in Senate to
     declare in addition that "a contractual relationship entered into for
the
     purpose of achieving a [prohibited] civil relationship ... is void as
against
     public policy."  Amended version passed the House and has been sent to
     the Governor for signature or veto.

Nebraska
(6/1)
     Legislative Bill 280
     "The Nebraska Defense of Marriage Act" was introduced by Sen. Jim
     Jensen on January 13.  Restricts marriage to different-sex couples only,
     denying recognition to lawful marriages.  Judiciary Committee held
     hearing 2/19.  Successful filibuster by Senator Ernie Chambers may have
     blocked passage.

New Hampshire -Blocked!
(6/30)
     House Bill 260
     Introduced by Re. Paul Mirski (R).  Restricts marriage to only
different-sex
     couples.   Following hearing in Judiciary Committee, rejected by full
     House by vote of 261 to 85.  

New Jersey
(1/12/98)
     Assembly Bill 2193
     Introduced by Assemblywoman Marion Crecco (R), the sponsor of the
     previous year's bill.  Would amend NJ law to state that "[p]ersons of
the
     same sex shall not marry," that any such marriage would be "absolutely
     void" in New Jersey, and that "[m]arriage between persons of the same
          sex is against the [state's] public policy."  Passed Health
Committee.New Mexico - Blocked!
(3/22)
     House Bill 640
     Limits marriage to different-sex couples.  Recognizes as valid all
out-of-state marriages except those of same-sex couples.  Punishes anyone
     celebrating a same-sex couple's marriage. Approved by Consumer and
     Public Affairs Committee.  Failed to proceed prior to adjournment.

     Senate Joint Resolution 8
     Proposes to amend state constitution to declare that only different-sex
     couples' marriages shall be permited or recognized.  Failed to proceed
     prior to adjournment.

New York
(12/31)
     Assembly Bill 158
     Introduced by Assemblymember Seminerio.  Companion bill to be
     introduced by Senator Maltese.  Would make lawful marriages of same-sex
couples "absolutely void" in New York State.

North Dakota - Adopted
(4/29)
     Senate Bill 2230
     Restricts marriage to different-sex couples only, and provides for
     recognition of out-of-state marriages, except those of same-sex couples.

     Passed Senate.  At hearing in House Judiciary Committee on March 11,
     the Committee voted against the bill, giving it a "Do Not Pass"
     recommendation.  Nevertheless, it passed the House, and was signed
     into law on March 25 by Gov. Ed Schafer.

Ohio
(12/31) 
     House Bill 160
     Introduced by Representative Jay Hottinger (R), the vice chair of the
     Insurance Committee, on January 29, 1997.  States that only a man age
     18 or over and a woman age 16 or over may marry, and would specifically
     prevent valid marriages from other states from being recognized in Ohio.

     Assigned to Civil and Commerical Law Committee.

Oregon
     Senate Bill 577
     Introduced by Senator Marylin Shannon (R).  Would restrict marriage to
          only different-sex couples.Rhode Island - Blocked!
(6/27)
     Anti-marriage bill introduced.  Rejected 11 to 5 by House Judiciary
     Committee on April 11, and failed to proceed.

Texas
(6/2)
     House Bill 11
     Rep. Warren Chisum (R) filed "emergency" bill barring recognition under
     all circumstances for lawful marriage of same-sex couples.  Referred to
     State Affairs Committee.

Vermont
(4/30)
     House Bill 182
     Introduced by Rep. Nancy Sheltra (R).  Would prohibit same-sex couples
     from marrying, and deny any such couples' lawful marriages recognition
     under all circumstances.  Referred to Judiciary Committee.

Virginia - Adopted
(2/22)
     House Bill 1589
     Introduced in House of Delegates by Johnson.  Adds to prohibition on
     marriages by same-sex couples language declaring such lawful marriages
     to be void, and all contractual rights created by such lawful marriages
to
     be void and unenforceable.  Passed by House.

     Senate Bill 884
     Similar bill passed by Senate.  Signed into law by Gov. Allen (R).

Washington - Blocked!
(4/28)
     Senate Bill 5398
     Would deny marriage to same-sex couples, and would invalidate their
     lawful marriages from other states.  Passed by House and Senate.  On
     Feb. 21, Governor Gary Locke (D) vetoed the bill as a "measure that
     would divide, disrespect, or diminish our humanity."  On Feb. 26, by a
vote
     of 26 to 20, the Senate failed to override the governor's veto.
 Legislators
     in the House attempted to rush same measure onto a special June ballot;
     failing that, the House voted narrowly (50-48) to send the measure to
     voters in September.  Measure died in conference committee after Senate
     refused to authorize a referendum, thereby sustaining the Governor's
          veto.West Virginia - Blocked!
(4/12)
     House Bill 2179
     Would deny same-sex couples' lawful marriages recognition in the state. 
     Bill was amended in Senate Judiciary, passed the Senate, but then failed
     to advance out of conference committee.

Wisconsin
(12/31)
     Assembly Bill 104
     Anti-marriage bill again introduced.  Hearing held in Committee on
     Children and Families.

Wyoming - Blocked!
(3/15)
     House Bill 94
     Proposal to withhold recognition for lawful marriages from other states,
     and to void any in Wyoming, introduced by Rep. Garcia.  Bill failed to
     advance past the Labor, Health, and Social Service Committee and is
          now dead.1996
Anti-Marriage Bills Rejected, Vetoed, or Failed to Advance:  AL, CA, CO, FL,
HI, IA, KY,
LA, ME, MD, MN, MS, NM, NJ, NY, RI, VA, WA, WV, WI, WY  (21)

Anti-Marriage Bills Adopted:  AK, AZ, DE, GA, ID, IL, KS, MI, MO, NC, OK, PA,
SC, SD,
TN, UT (16)

Executive Orders Adopted: Despite the decision of state legislatures not to
discriminate,
the governors of two states issues executive orders purporting to declare, by
fiat, that
marriages they disapproved of were void in the state, and not to be
recognized:  AL, MS
(2) 

Federal Anti-Marriage Law: So-called "Defense of Marriage Act" (DOMA).
 Passed by
House of Representatives (7/12/96) and the Senate (9/10/96), signed into law
by
President Clinton under cover of darkness September 21.  To be challenged
once we
win the freedom to marry.

1995
     In 1995 three states (AK, SD, UT) were pressured to adopt anti-marriage
laws; two
refused.  Only one state, Utah, actually adopted one of these
unconstitutional
anti-marriage laws, thereby guaranteeing that its taxpayers will face costly
and likely
losing litigation brought by couples (and others) seeking to defend lawful
marriages
(once marriage discrimination is ended through a case such as that pending in
Hawaii).