History of same-sex marriage ballot measures

History of same-sex marriage ballot measures
LGBT issues on the ballot
Marriage and family on the ballot
Select a historical topic page from the menu below.
Abortion ballot measuresDeath penalty ballot measuresInitiative and referendum ballot measuresEnglish as official language ballot measuresMarijuana ballot measuresRanked-choice voting (RCV) ballot measuresRight to hunt and fish ballot measuresSame-sex marriage ballot measuresSchool choice ballot measuresState women's suffrage ballot measuresSubmit

The ballot measure played a significant role in shaping the legal status of same-sex marriage in the U.S. before Obergefell v. Hodges (2015). While the U.S. Supreme Court ruled that same-sex couples have a federal constitutional right to marriage, nullifying state constitutional amendments banning same-sex marriage, these amendments remain in state constitutions unless voters repeal them.

Since 1994, there were 41 statewide ballot measures related to same-sex marriage on the ballot. Out of these measures, there were 34 measures in 30 states to prohibit same-sex marriage or define marriage as between one man and one woman. Of these measures, 31 were approved and three were defeated. There were also two measures on the ballot related to civil unions, and one ballot measures that legalized same-sex marriage in Washington.

After the 2015 Obergefell v. Hodges U.S. Supreme Court ruling, constitutional amendments defining marriage as between a man and a woman were struck down. After 2015, four states placed initiatives on the ballot to remove amendments defining marriage as between a man and a woman. All four initiatives were approved.

On this page, you will find:

• a list of states that have voted on same-sex marriage ballot measures;
• a timeline of same-sex marriage on the ballot;
• a list of measures by year; and
• a list of measures by topic.

HIGHLIGHTS

Between 1994 and 2024, there were 41 statewide measures on the ballot related to same-sex marriage.

Out of these measures, 34 measures were placed on the ballot to prohibit same sex marriage or define marriage as between a man and a woman. Of these measures, 31 were approved and three were defeated.

The first states to pass ballot measures to define marriage as between a man and a woman were Alaska and Hawaii in 1998.

The first state to pass a ballot measure to legalize same-sex marriage was in Washington in 2012.

After the 2015 Obergefell v. Hodges U.S. Supreme Court decision, same-sex marriage bans or measures defining marriage as between one man and one woman were invalidated.

Since 2015, four states—California, Colorado, Hawaii, and Nevada—passed measures to repeal same-sex marriage bans in the constitution.

States that have voted on same-sex marriage ballot measures

Between 1994 and 2012, 30 states decided 34 measures to define marriage as between a man and a woman or prohibit same-sex marriage. Of these 34 measures, 31 were approved and three were defeated. Later, between 2020 and 2024, four states voted to overturn previously approved measures banning same-sex marriage.

Timeline of same-sex marriage ballot measures

1990s

In 1993, the Supreme Court of Hawaii ruled in Baehr v. Lewin that denying marriage based on sex was unconstitutional under the Hawaii Constitution. After this decision, states passed legislation or placed issues on the ballot defining marriage as between one man and one woman. In 1996, the federal Defense of Marriage Act (DOMA) was enacted, defining marriage for federal purposes as a union between one man and one woman.

The first state to place any measure related to same-sex marriage on the ballot was in Idaho in 1994. The measure proposed to establish state policies regarding homosexuality, including providing that same-sex partnerships or marriages and partnerships not be legalized, but the measure was defeated.

The first states to approve measures related to banning same-sex marriage on the ballot were Hawaii and Alaska. The Hawaii amendment allowed the state legislature to restrict marriage to opposite-sex couples, while the Alaska amendment defined marriage as between one man and one woman. Both measures were approved by voters in 1998.

2000s

On May 17, 2004, Massachusetts became the first state to legally recognize same-sex marriage through the Goodridge v. Department of Public Health decision in the Massachusetts Supreme Judicial Court. The ruling found that excluding same-sex couples from marriage violated the state constitution.

The majority of same-sex related ballot measures occurred in the 2000's—of the 39 statewide measures related to same-sex marriage on record through 2024, 30 occurred during the 2000s. Voters in 26 states approved measures defining marriage as between one man and one woman. The greatest amount of measures were placed in the ballot in 2004, the same year Massachusetts recognized same-sex marriage, with 12 states passing definition-of-marriage measures that year.

2010s

In June 2013, the U.S. Supreme Court ruled in United States v. Windsor that DOMA violated the Fifth Amendment, granting federal recognition of same-sex marriages based on state law. This was followed by the 2015 Supreme Court decision in Obergefell v. Hodges, which established a constitutional right to same-sex marriage under the Fourteenth Amendment. This ruling invalidated previous amendments in states that prohibited same-sex marriage or defined marriage as between one man and one woman.

In 2012, North Carolina became the last state to pass a constitutional amendment defining marriage as between one man and one woman, while Washington became the first state to pass a ballot measure legalizing same-sex marriage that same year.

2020s

On December 13, 2022, the Respect for Marriage Act was enacted, which repealed DOMA. The Respect for Marriage Act replaced provisions that defined marriage as between a man and a woman with provisions that recognize marriage between two individuals that is valid under state law, and included provisions that prohibit the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. The law does not require religious organizations to provide goods or services to formally recognize a marriage.

In this decade, four states—California, Colorado, Hawaii, and Nevada—passed ballot measures to overturn previous amendments prohibiting same-sex marriage.

Timeline

The following graph shows the number of ballot measures related to same-sex marriage since 1994:

List of same-sex marriage ballot measures

List of state ballot measures by year

The following table provides a list of ballot measures related to same-sex marriage from 1994 to 2024:

State	Year	Measure	Yes	No	Outcome
California	2024	Proposition 3: Right to Marry and Repeal Proposition 8 Amendment	62.62%	37.38%	a
Colorado	2024	Amendment J: Remove Constitutional Same-Sex Marriage Ban Amendment	64.33%	35.67%	a
Hawaii	2024	Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment	55.94%	44.06%	a
Nevada	2020	Question 2: Marriage Regardless of Gender Amendment	62.43%	37.57%	a
Washington	2012	Referendum 74: Same-Sex Marriage Measure	53.70%	46.30%	a
North Carolina	2012	Amendment 1: Definition of Marriage and Prohibition of Civil Unions Amendment	61.04%	38.96%	a
Minnesota	2012	Amendment 1: Definition of Marriage Amendment	48.10%	51.90%	d
Washington	2009	Referendum 71: Domestic Partners Rights and Responsibilities Measure	53.15%	46.85%	a
Maine	2009	Question 1: Same-Sex Marriage Referendum	52.90%	47.10%	a
Florida	2008	Amendment 2: Definition of Marriage Initiative	61.92%	38.08%	a
California	2008	Proposition 8: Same-Sex Marriage Ban Initiative	52.24%	47.76%	a
Arizona	2008	Proposition 102: Definition of Marriage Amendment	56.20%	43.80%	a
Wisconsin	2006	Question 1: Definition of Marriage Amendment	59.43%	40.57%	a
Tennessee	2006	Amendment 1: Definition of Marriage Amendment	81.25%	18.75%	a
South Dakota	2006	Amendment C: Definition of Marriage and Prohibition of Civil Unions Amendment	51.83%	48.17%	a
South Carolina	2006	Amendment 1: Marriage Act Amendment	77.97%	22.03%	a
Idaho	2006	HJR 2: Definition of Marriage Amendment	63.35%	36.65%	a
Colorado	2006	Referendum I: Establishment of Domestic Partnership Status Measure	47.65%	52.35%	d
Colorado	2006	Amendment 43: Definition of Marriage Initiative	55.02%	44.98%	a
Arizona	2006	Proposition 107: Definition of Marriage Amendment	48.20%	51.80%	d
Alabama	2006	Constitutional Amendment 774: Sanctity of Marriage Amendment	81.18%	18.82%	a
Texas	2005	Proposition 2: Definition of Marriage Amendment	76.25%	23.75%	a
Kansas	2005	Amendment 1: Definition of Marriage Amendment	69.95%	30.05%	a
Utah	2004	Amendment 3: Definition of Marriage Amendment	65.86%	34.14%	a
Oregon	2004	Measure 36: Legally Recognized Marriage Initiative	56.63%	43.37%	a
Ohio	2004	Issue 1: Definition of Marriage Initiative	61.71%	38.29%	a
North Dakota	2004	Measure 1: Definition of Marriage Amendment	73.23%	26.77%	a
Montana	2004	CI-96: Definition of Marriage Amendment	66.56%	33.44%	a
Missouri	2004	Amendment 2: Definition of Marriage Amendment	70.61%	29.39%	a
Mississippi	2004	Amendment 1: Definition of Marriage Amendment	86.01%	13.99%	a
Michigan	2004	Proposal 04-2: Definition of Marriage Initiative	58.62%	41.38%	a
Louisiana	2004	Amendment 1: Definition and Recognition of Marriage Amendment	77.78%	22.22%	a
Kentucky	2004	Amendment 1: Definition of Marriage Amendment	74.56%	25.44%	a
Georgia	2004	Amendment 1: Definition of Marriage Amendment	76.15%	23.85%	a
Arkansas	2004	Amendment 3: Definition of Marriage Amendment	74.95%	25.05%	a
Nevada	2002	Question 2: Definition of Marriage Amendment	67.20%	32.80%	a
Nevada	2000	Question 2: Definition of Marriage Amendment	69.62%	30.38%	a
California	2000	Proposition 22: Definition of Marriage Initiative	61.35%	38.65%	a
Hawaii	1998	Question 2: Legislative Power to Reserve Marriage to Opposite-Sex Couples Amendment	70.78%	29.22%	a
Alaska	1998	Measure 2: Definition of Marriage Amendment	68.11%	31.89%	a
Idaho	1994	Initiative 1: State Policies Regarding Homosexuality Initiative	49.62%	50.38%	d

List of state ballot measures by topic

The following sections list same-sex marriage and domestic partnership ballot measures categorized based on proposed policies or topics since 1994.

Same-sex marriage ballot measures by topic and outcome, 1994 - 2024
Topic	Total	Approved	Approved (%)	Defeated	Defeated (%)
Prohibit same-sex marriage	34	31	91.1%	3	8.8%
Allow for same-sex domestic partnerships	2	1	50%	1	50%
Legalize same-sex marriage	1	1	100%	0	0%
Repeal same-sex marriage ban	4	4	100%	0	0%

Prohibit same-sex marriage

The topic prohibit same-sex marriage addresses ballot measures to prohibit same-sex marriage through state statutes or constitutional amendments, including defining marriage as between one man and one woman.

State	Year	Measure	Yes	No	Outcome
North Carolina	2012	Amendment 1: Definition of Marriage and Prohibition of Civil Unions Amendment	61.04%	38.96%	a
Minnesota	2012	Amendment 1: Definition of Marriage Amendment	48.10%	51.90%	d
Maine	2009	Question 1: Same-Sex Marriage Referendum	52.90%	47.10%	a
Florida	2008	Amendment 2: Definition of Marriage Initiative	61.92%	38.08%	a
California	2008	Proposition 8: Same-Sex Marriage Ban Initiative	52.24%	47.76%	a
Arizona	2008	Proposition 102: Definition of Marriage Amendment	56.20%	43.80%	a
Wisconsin	2006	Question 1: Definition of Marriage Amendment	59.43%	40.57%	a
Tennessee	2006	Amendment 1: Definition of Marriage Amendment	81.25%	18.75%	a
South Dakota	2006	Amendment C: Definition of Marriage and Prohibition of Civil Unions Amendment	51.83%	48.17%	a
South Carolina	2006	Amendment 1: Marriage Act Amendment	77.97%	22.03%	a
Idaho	2006	HJR 2: Definition of Marriage Amendment	63.35%	36.65%	a
Colorado	2006	Amendment 43: Definition of Marriage Initiative	55.02%	44.98%	a
Arizona	2006	Proposition 107: Definition of Marriage Amendment	48.20%	51.80%	d
Alabama	2006	Constitutional Amendment 774: Sanctity of Marriage Amendment	81.18%	18.82%	a
Texas	2005	Proposition 2: Definition of Marriage Amendment	76.25%	23.75%	a
Kansas	2005	Amendment 1: Definition of Marriage Amendment	69.95%	30.05%	a
Utah	2004	Amendment 3: Definition of Marriage Amendment	65.86%	34.14%	a
Oregon	2004	Measure 36: Legally Recognized Marriage Initiative	56.63%	43.37%	a
Ohio	2004	Issue 1: Definition of Marriage Initiative	61.71%	38.29%	a
North Dakota	2004	Measure 1: Definition of Marriage Amendment	73.23%	26.77%	a
Montana	2004	CI-96: Definition of Marriage Amendment	66.56%	33.44%	a
Missouri	2004	Amendment 2: Definition of Marriage Amendment	70.61%	29.39%	a
Mississippi	2004	Amendment 1: Definition of Marriage Amendment	86.01%	13.99%	a
Michigan	2004	Proposal 04-2: Definition of Marriage Initiative	58.62%	41.38%	a
Louisiana	2004	Amendment 1: Definition and Recognition of Marriage Amendment	77.78%	22.22%	a
Kentucky	2004	Amendment 1: Definition of Marriage Amendment	74.56%	25.44%	a
Georgia	2004	Amendment 1: Definition of Marriage Amendment	76.15%	23.85%	a
Arkansas	2004	Amendment 3: Definition of Marriage Amendment	74.95%	25.05%	a
Nevada	2002	Question 2: Definition of Marriage Amendment	67.20%	32.80%	a
Nevada	2000	Question 2: Definition of Marriage Amendment	69.62%	30.38%	a
California	2000	Proposition 22: Definition of Marriage Initiative	61.35%	38.65%	a
Hawaii	1998	Question 2: Legislative Power to Reserve Marriage to Opposite-Sex Couples Amendment	70.78%	29.22%	a
Alaska	1998	Measure 2: Definition of Marriage Amendment	68.11%	31.89%	a
Idaho	1994	Initiative 1: State Policies Regarding Homosexuality Initiative	49.62%	31.89%	d

Allow for same-sex domestic partnerships

The topic allow for same-sex domestic partnerships addresses ballot measures to permit domestic partnerships, granting some benefits, protections, and responsibilities of marriage, while distinguishing them from legal marriage.

State	Year	Measure	Yes	No	Outcome
Washington	2009	Referendum 71: Domestic Partners Rights and Responsibilities Measure	53.15%	46.85%	a
Colorado	2006	Referendum I: Establishment of Domestic Partnership Status Measure	47.65%	52.35%	d

Legalize same-sex marriage

The topic legalize same-sex marriage addresses ballot measures to legalize marriage between same-sex couples.

State	Year	Measure	Yes	No	Outcome
Washington	2012	Referendum 74: Same-Sex Marriage Legalization Measure	53.70%	46.30%	a

Repeal same-sex marriage ban

The topic repeal same-sex marriage ban addresses ballot measures to repeal constitutional amendments that prohibited same-sex marriage.

State	Year	Measure	Yes	No	Outcome
California	2024	Proposition 3: Right to Marry and Repeal Proposition 8 Amendment	62.62%	37.38%	a
Colorado	2024	Amendment J: Remove Constitutional Same-Sex Marriage Ban Amendment	64.33%	35.67%	a
Hawaii	2024	Remove Legislature Authority to Limit Marriage to Opposite-Sex Couples Amendment	55.94%	44.06%	a
Nevada	2020	Question 2: Marriage Regardless of Gender Amendment	62.43%	37.57%	a

See also

• 2025 ballot measures
• LGBT issues on the ballot
• Marriage and family on the ballot
• Same-sex marriage in the federal courts, 2012-2015
• Obergefell v. Hodges