Question of the Month
January
2006
How
many Midwestern states have a constitutional ban on same-sex marriage
or civil unions?
Five states in this region — Kansas,
Michigan, Nebraska, North Dakota and Ohio —
have constitutional bans in place, all of which have been approved by
voters over the last six years. Two more Midwestern states could be
added to the list this year.
In South Dakota, as the result
of legislative action taken in 2005, a statewide referendum
prohibiting same-sex marriages and civil unions will be voted on in
November.
Wisconsin legislators
also are close to putting the measure up for a statewide vote. In that
state, any proposed constitutional amendment must first be passed by
the two legislative chambers in two consecutive legislatures. The ban
made it through both houses in 2004 and again through the Senate in
late 2005. The State Assembly also is expected to pass the amendment
for a second time.
If recent history is any indication,
the ballot proposals in South Dakota and Wisconsin have a good chance
of passing. Same-sex marriage bans in Kansas, Nebraska and North
Dakota were approved by 70 percent or more of voters. Sound majorities
also passed the constitutional amendments in Ohio (62 percent) and
Michigan (59 percent).
Earlier this year, Nebraska’s 2000
measure was struck down by a U.S. district court judge, who ruled it
violated the U.S. Constitution’s equal-protection clause. The state
has appealed the ruling.
Indiana is another state moving toward
a constitutional ban on same-sex marriages. In 2005, the state Senate
and House approved a resolution defining marriage as being between a
man and a woman; that measure must be approved again by the next
elected General Assembly, which will convene in 2007. The amendment
could then be sent to voters in 2008.
Most states without constitutional bans
have statutory language that limits marriage to one man and one woman.
Legislatures in Illinois, Indiana, Iowa and Minnesota,
for example, enacted "defense-of-marriage" laws in the
1990s.
More information on this issue is
available from the Human Rights Campaign (www.hrc.org)
and the Family Research Council (www.frc.org).
For
more information on this or any other public policy issue, please call
630-925-1922 or complete the online
form for research services.
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