Like
most other states, South Carolina adopted DOMA. The Defense of Marriage Act was
enacted by many states to clearly define marriage as to prohibit legalizing gay
marriages. In South Carolina, gay marriage is legally forbidden. In addition,
South Carolina approved a constitutional amendment that explicitly forbids same
sex marriages and civil unions, in addition to the enactment of DOMA. In fact,
seventy eight percent of voters supported the measure.  In South Carolina,
gay marriage, domestic partnerships and civil unions are banned outright.

In South Carolina, gay marriages and other same sex relationships are forbidden
from being legally recognized by Article XVII. In other words, no same sex
relationship shall be recognized by the state, no matter what it is called, and
no matter if it is recognized by another state. In fact, Title 20 states that a
marriage between same sex couples is forbidden and against the public policies
of the state of South Carolina. Marriages are forbidden in several
circumstances, such as between relatives and in the case of a same sex couples. 

In fact, Title 20 explains in detail, which marriages are forbidden by the
state of South Carolina. Marriages are not allowed between specific
individuals, such as a woman and her father, son, grandson etc., and another
woman. Likewise, a man may not marry his mother, stepmother, sister or another
man. This Title equates same sex marriage with an individual marrying a
relative.

However, South Carolina’s gay population appears to be in consideration by some
state senators. In fact, The Civil Union Equality Act was introduced to the
state Senate in 2009.  The bill was meant to establish the legality of
civil unions for same sex couples in South Carolina. Marriages would still be
explicitly forbidden for same sex couples but same sex unions would be legally
recognized in South Carolina. Gay couples would be afforded all rights and
responsibilities usually afforded to married couples in South Carolina. 

Marriage provides certain rights such as, the right to share health insurance,
the right to assign a a partner as a health care proxy and the right to own
property jointly. If the bill were to become law, it would be active
immediately upon the signature of the governor of South Carolina. Marriage’s definition
would remain unchanged as the bill would only legally allow for civil unions
for same sex couples. The bill has not moved and currently awaits review and
the voting procedure of the state.

South Dakota has legally banned gay marriage, civil unions and domestic partnerships. In November of 2006, the measure passed by a public vote of fifty two percent.  Article XXI clearly states that South Dakota shall not legally recognize any relationship, other than a union of a man and a woman. 

In addition, the state had also adopted the Defense of Marriage Act. Combined, the act and amendment explicitly deny any legal rights or recognition of any other relationship besides marriage. In South Dakota, marriage laws could not be any clearer in denying rights to the LGBT community. In addition, South Dakota law on marriage only recognize out of state marriages between an opposite sex couple.

In South Dakota, gay couples have no entitlement to any rights or responsibilities afforded to married couples. In fact, same sex relationships can not be recognized in any form in South Dakota. Marriage laws prevent same sex couples from any entitlement to property without a will. In this case, a couple that has lived together would have difficulty in retaining the property as a whole, should one person pass away. 

For instance, if the Deed or Lease to a property is in one partners name and that partner passed away, the other partner has no legal entitlement to that property. In addition to not being able to own property jointly, same sex couples have no ability to make health care decisions for their partners. The same sample partner that lost property after the death of a partner,would have been unable to visit that partner in the ICU because they are not related. In essence, the inability to have a relationship legally recognized, prevents access to many basic rights for same sex couples.

In addition, South Dakota has no laws to protect members of the LGBT community from discrimination. However, larger private employers tend to have their own regulations regarding such discrimination and many forbid discrimination on the basis of sexual orientation or gender identity. Many studies suggest that openly gay employees, suffer harassment, as well as a decrease in pay do to public perception. In South Dakota, gay couples live without rights that are equal to other portions of the population.

In South Dakota, gay couples are unable to expect legal recognition of their relationship. In addition, discrimination and hate crime laws are seriously lacking in South Dakota.Marriage laws prevent same sex couples from obtaining even basic rights as they pertain to their relationship. In addition, when those individuals do suffer from discrimination, they have no legal recourse. In South Dakota, gay rights need more consideration by lawmakers and by the general public. 

In South Dakota, marriage's definition should be reconsidered to include unions between same sex couples. Allowing civil unions or domestic partnerships, would be the first step to obtaining equal rights for the LGBT community. In South Dakota, gay rights must first be applied to the most basic circumstances. In this way, laws can change to protect all citizens and their rights, equally.

 In
Tennessee, gay marriage is not currently legal. According to state laws in Tennessee,
marriage consists of a union of one man and one woman. In fact, Article XI
states that “any law, policy or judicial interpretation,” of marriage
as anything other than a legal contract to join one man and one woman, is
contrary to public policy and should void and therefore, not legally
recognized. In addition, the state does not recognize legal same sex marriages
performed in another state. In Tennessee, marriage is strictly defined by state
laws and the state’s constitution.

In Tennessee, gay marriage is also forbidden by Title 36, which says that
family is essential to society and that any other definition of marriage puts
society at risk. In fact, Tennessee law states that marriage is unique in its
rights and responsibilities and any alteration of the definition is detrimental
to society. In essence, families are run by one man and one woman and any
variation of that, will pose a danger to the natural order of society. The
union of one man and one woman, is the only acceptable definition of marriage
in Tennessee.  

Gay marriage in explicitly forbidden in several aspects of
the laws in Tennessee. Marriage of same sex individuals is contrary to the
public policy of Tennessee. In addition, lawmakers believe that marriage is the
link that holds families together in Tennessee. Gay couples are explicitly
forbidden form enjoying any of the rights or benefits of marriage.

Tennessee is
one of a few states to include such strong language in their laws relating to
marriage. In fact, their laws contain language that question the morality of being
a part of a same sex couple. The laws state that opposite sex couples add to
the bond in society in Tennessee. Marriage is claimed to be the bond that holds
families together.

The laws in Tennessee are currently prohibitive to the legal recognition of
same sex couples. However, the Federal government is likely to address the
issue in the immediate future. For the most part, the argument is that most
people believe that marriage, or the legal recognition of a same sex
relationship, is an equal right. 

In essence, many people believe that same sex
couples are entitled to the same rights as opposite sex couples. In Tennessee,
gay rights are clearly violated not only by the laws, but by the language of
the laws. Laws and their language must be addressed in Tennessee. Marriage must
be available to all individuals in order to ensure equal rights.

In Texas,
marriage is defined as a union between an opposite sex couple. In addition, no
form of a same sex relationships are recognized in Texas. Gay marriages are
strictly forbidden for two reasons. First, the state enacted the Defense of
Marriage act, which defines marriage as a union of a man and a woman. 

In
addition, the state passed a constitutional amendment banning same sex marriage
in 2005. However, there have been some legal challenges to the amendment and to
the wording of the amendment. In the meantime, Texas marriage consists of a
union between a man and a woman and all other unions are legally prohibited.

The first challenge towards the definition of marriage in Texas is that it
violates individual civil rights. By prohibiting individuals from getting
married, they prohibit them form obtaining the rights of marriage. In essence,
LGBT individuals lose their right to marry and they lose any rights and
responsibilities associated with marriage in Texas. 

Gay couples currently have
no legal recourse in order to obtain the rights offered to other
individuals.  In addition, the wording of the amendment is claimed to have
made marriage illegal in Texas. Marriage is clearly defined and followed by
forbidden acts such as issuing a marriage license to a same sex couple. 

The
amendment also includes wording that forbids state and local governments from
recognizing any union that resembles marriage. In essence, marriage resembles
marriage and some people claim that the law prohibits all couples from getting
married. Legal challenges are currently in progress in Texas. Gay marriage
advocates are excited that the state may very well have outlawed marriage and
in fact, provided equal rights for everyone by doing so.

In Texas, gay marriage is currently illegal. In fact, some claim that marriage
is illegal all together in Texas. Marriage has been clearly define by laws in Texas.
Gay marriage was banned by the recent enactment of laws that strictly define
marriage as a union between opposite sex couples. However, the language
contained within the laws is currently being challenged on several fronts. In Texas,
marriage may not currently be legal for any couple. Legal challenges may force
Texas to repeal the law and begin the process all over again. Many are hoping
that they will reconsider their current ban on gay marriage.

In Utah,
marriage is strictly defined as a union between one man and one woman. In fact,
the state does not recognize any legal rights regarding any same sex
relationships. In addition to the Defense of Marriage Act, Utah passed
constitutional amendments banning gay marriage. In many states, the
constitutionality of banning gay marriage is being challenged in the courts. 

Many claim that such a ban is a violation of an individual’s constitutional
rights. In Utah, gay marriage is explicitly forbidden by the law’s of the
state. By banning gay marriage, the state violates individual rights on several
fronts. First, the state is preventing  couples access to their right to
marry. In addition, the couples are not entitled to the rights and
responsibilities acquired through marriage. In Utah, gay couples cannot receive
any rights or responsibilities that relate to their relationship.

In Utah, marriage is currently viewed as a unique relationship between a man
and a woman.  However, in 2005, a bill was introduced that would have
allowed same sex couples to enter into a reciprocal benefits agreement in Utah.
Gay couples would have been able to enter into an agreement that would have
offered them some of the legal benefits of marriage. However, the bill was
defeated by the Senate. 

In Utah, marriage is currently only allowed for a
couple that consists of one man and one woman. In addition, same sex couples
have no access to any legal  recognition of their relationship. Because of
the lack of legal recognition, couples have no protection granted for the
rights that should be afforded to any couple in Utah. Gay rights advocates
state that the rights of marriage include things such as inheritance, shared
property, and the right to make health car decisions for partners. In Utah, gay
couples are unable to enjoy any of those rights.

In Utah, gay marriage is prohibited. In addition, there is no legal recognition
afforded to same sex relationships in any form. Same sex couples have no legal
recourse if a partner should die, or if the couple should separate. It can be
very difficult for a partner to prove ownership of property or assets, if there
is no written documentation. 

In addition, no written documentation pertaining
to their relationship will be legally  allowed and therefore, an
individual will have no proof of ownership. In Utah, marriage is the only
legally enforceable relationship contract.  In fact, in Utah, Marriage is
considered a sacrament of the church and the church does not condone same sex
relationships. The separation of church and state, is seriously lacking in the
marriage law’s of Utah.

In a lot of ways, it was bound to happen. After being one
of the first states to pass a civil unions bill in 2007, providing rights, such
as the same state benefits accorded to married couples, to those in same-sex
partnerships within the New Hampshire gay community, New Hampshire followed the
lead of four other fellow New England states in furthering equal rights for
all, by legalizing same-sex New Hampshire marriages. 

That action made it the
sixth U.S. state to do so. On June 3, 2009, despite opposing the idea of
legalized New Hampshire marriage rights for homosexual couples in the past,
Governor John Lynch signed a new marriage equality bill (House Bill 436) in
support of New Hampshire gay marriage unions, after changes were made and two
other bills were approved to give religious institutions and clergy greater
protections in relation to gay marriage, such as performing the marriages. The
bills became effective on January 1, 2010.

In the months building up to the official signing, the
House of Representatives had technically already approved the New Hampshire
marriage equality bill in question weeks beforehand, but it would not pass
due to certain sensitive issues relating to religious institutions. And so
while the Senate changed the language of the bill, on insistence of the
Governor, two addition bills (HB73 and HB310) were also signed, which affirm
religious freedom protections with regard to marriage. 

These additions state
that religious organizations and societies have “exclusive control”
over religious “doctrines, teachings and beliefs.” Simply put, the
newly adapted New Hampshire marriage laws for same-sex couples are separate
from the laws of marriage in respective religious communities. So if your
religious leader wants to deny you the right to marry within the religion, they
can. Other than attempting to convince a religious leader with valid arguments, by law, couples can’t do anything else about it.

The New Hampshire gay marriage law also recognizes
same-sex marriages from other states, as well as civil unions in New Hampshire.
Gay couples who have such civil unions in New Hampshire, will automatically be
considered  married, as of January 1, 2011.

Although there have been measures taken to try and topple
down these New Hampshire gay rights advancements, including a proposal to
repeal same-sex marriage and civil unions, and another to create a
constitutional amendment that bans same-sex New Hampshire marriage unions, all
proposals were defeated on February 17, 2010. For now, marriage equality for
all in New Hampshire,  gay and straight, remains, and the successful New
England Marriage Equality movement continues to set an example for other areas
of the United States.

While the fight for gay marriage to be recognized by every state and the federal government is a long way from over, legal New Jersey gay marriages have a chance of being recognized. Currently, New Jersey marriages do not include any gay couples but the state does recognize same-sex unions. 

Same-sex unions give gay couple some of the same state rights that heterosexual New Jersey marriages get. The problem is that there are over 1,000 rights regarding marriage that only the federal government recognizes. So between New Jersey gays having to settle for civil-unions and the federal government not giving them any of the rights that New Jersey marriages benefit from, a fight will continue to win the battle for legal same-sex New Jersey marriages. 

A ban on New Jersey gay marriage is one of those old-school type of laws that may someday seem ridiculous much like segregation. As of now, New Jersey is caught in the middle. While it is not one of the 6 U.S states that recognizes gay marriage, it does offer most the benefits of New Jersey marriages. For many, religion gets in the way of passing a bill that would allow for New Jersey gay marriage. The excuse that “it just is not right” does not fly with supporters of New Jersey gay marriage, which extends beyond the gay community.

    One of the main problems with New Jersey not accepting same-sex marriages is that employers do not recognize civil unions. Gay couples feel they deserve the same health benefits and other benefits that the spouses of different sex marriages enjoy. 

Former Governor Corzine has fought for same-sex couples and has said he would support any bill that was ever passed on to his desk that legalized New Jersey gay marriage. Companies in New Jersey such as UPS claim their contract agreement does not support civil unions when it comes to employee spousal benefits so there is nothing that can be done.

    Unfortunately up to this point, New Jersey gay marriage cases have not been so successful in court. In January of 2010 a bill was shot down by the New Jersey judicial committee that would have made New Jersey marriage laws fair and equal regardless of whether they were same-sex marriages or not. Garden State Equality and Lambda Legal were representing those fighting for equal right in the case and even though they did not win that day they vowed to return to court. It is a fight that will never end because both sides feel they are in the right.

New Mexico gay marriage is not performed or accepted in the state. New Mexico marriages are only between a man and a woman and the do not recognize same-sex unions either. However, the state does give domestic partnership benefits to state employees. 

That causes anger being that the state will only give you domestic partnership benefits is you are working for the state. People who argue for the same-sex marriage do not understand why some people have the right to have a domestic partnership and others can not. 

They feel if some can do it then there must not be a serious backlash against it and all should be allowed to enjoy the benefits of a marriage. New Mexico marriages of course are recognized by the federal government but even if New Mexico gay marriage was accepted the federal government would still not grant any of the benefits that married couples get under federal law. Currently there is no legislation set to be passed that would allow for same-sex marriage in New Mexico.

In 2004 there were nearly 70 same-sex couples that were actually married. A republican senator named Victoria Dunlap claimed that there was no language that specifically banned New Mexico gay marriage. When news broke out of the senator allowing a couple to be married by ministers there was a flooding of couples who applied to be married. It was not even one day before the licenses were deemed invalid by the Supreme court of New Mexico. Senator Dunlap faced a lot of backlash from her party as well as other state officials. 

The happy couples who thought they had been married, were quickly stripped of their happiness. It is interesting to note how quickly the New Mexico senate acted to terminate the New Mexico Marriages that took place due to what Senator Dunlap thought was perfectly legal. In fact it was legal because there was nothing stating that New Mexico gay marriage was illegal.

New Mexico gay couples that seek to be married by means of going to a state such as Massachusetts or leaving the country to Canada to get married may do so. However, New Mexico gay marriage was not required to be accepted by the state. New Mexico marriages are possible, as long it is not done in New Mexico and it will not be recognized as the strong union with benefits that same-sex marriages enjoy in the state. 

As with any other state there is outrage among gay and straight people that gays can not marry. However, there is not as publicized a fight taking place as in other states. With no legislation currently fighting for or against the topic of New Mexico marriage regarding gays, the issue is at a stand still. If you need legal advice and assistance, contact New Mexico lawyers.

One
of the most liberal states and cities in the country, New york, New York, does
not take part in New York gay marriage. New York Marriages may only take place
between one man and one woman. There is a large number of gay people living in
New York state that would fight everyday for the right to be recognized in a New
York marriage. 

As for now, New Yorkers will have to travel to nearby
Massachusetts if they would like to get married and be a New york gay couple
that has been married in another state. In 2008, New York governor David
Patterson issued a directive requiring that the state recognize all same-sex
that took place in other states. New York state does recognize and give state
benefits to New York gay couples who got married elsewhere. 

Being a state that
gives New York gay couples who have been married somewhere else the same rights
as other New York marriages as far as state rights go, makes New York an
attractive place for gay couples to reside.

The New York Assembly has had no problems passing bills to be passed up
to the Senate regarding gays and their right to have a New York marriage, but
the Senate repeatedly rejects them, most recently in December of 2009. The
state has shown that it is ready to move on and allow same-sex marriage as many
straight people feel it is none of their business or they simply have no
problem with two people of the same sex joining together in marriage. 

The
people in charge however have shown to be stuck in their own ways even though
there is no harm that a same-sex marriage taking place could possibly harm them
in their daily lives. Supporters of New York gay marriage are ready to move
have been ready for change for many years and believe it is about time everyone
is treated as equals.

    As a sign of rebellion, New Paltz mayor Jason West married
25 same-sex couples. The gay New York marriages which were performed all at
once were quickly shot down just like the Senator in New Mexico who married
gays couples. Not only were the marriages ruled invalid but Mayor West was
charged with 19 misdemeanors. Those charges were dropped and then reinstated
only to be fought against in court and dropped again for good. 

It will always
be one of the most outspoken places, especially when it comes to fighting for
gay’s rights to marry. In time it is likely that New York will be one of the
states that offers same-sex marriages or at least their own civil unions.

North Carolina’s gay marriage laws do not allow for same-sex marriage. North Carolina gay marriage law does not even recognize gay marriage. North Carolina gay marriage law does not recognize any type of same-sex union no matter what state it was legally performed in. 

The people of North Carolina have not been fighting hard enough to pass gay marriage laws, nor getting involved enough in the community to show they are serious about changing the gay marriage laws. DOMA is the legal term for the legislation that bans gay marriage in the state of North Carolina.

There are certain jurisdictions in North Carolina that allow for domestic partnerships such as Chapel Hill and Carrboro. These jurisdictions choose to allows domestic partnerships without any preference as to what the sex of the people joining together are. According to North Carolina gay marriage laws, those domestic partnerships are recognized in those two cities alone. 

North Carolina as a whole, will not recognize the partnership if it is a same-sex couple who got their license in one of those two cities. They would like to be looked at as a normal couple that enjoys the benefits of legally being together.

Gay marriage law in North Carolina shows that the state is unsympathetic to gay rights. They will not even recognize any type of same-sex union even if it was attained legally, in some cases in one of the state’s own cities!   Without any gay marriage law legislation in the works it is difficult to see the state changing it’s stance on the topic any time in the near future. 

Some states may not have the outcry from the volume of people necessary to make change on the subject. The current gay marriage law in North Carolina could very well be what the majority of the people living there want. While gay couples in North Carolina will have to either deal with the problem or leave, there most likely won’t be many gay couples thinking of North Carolina as an option for a future home.