Currently, 30 states have adopted marriage amendments.
- Only 5 states have neither a statute nor a constitutional provision prohibiting same-sex “marriage”: Massachusetts, New Jersey, New Mexico, New York, and Rhode Island.
- Massachusetts, Connecticut, Iowa, New Hampshire, and Vermont are the only states that have legalized same-sex “marriage.” Massachusetts, Connecticut, and Iowa legalized same-sex “marriage” are as a result of high court decisions: Goodridge (MA), Kerrigan (CT), and Varnum (IA). New Hampshire and Vermont legalized same-sex “marriage” as a result of legislation. Same-sex “marriage” is also legal in the District of Columbia.
- New York’s high court, the Court of Appeals, ruled in 2006 in Hernandez v. Robles that despite the lack of an explicit definition of marriage in New York, only the union of a man and a woman is a legal marriage, and this limitation is constitutional.