New legislation would remove states’ same-sex marriage bans and more

Several states consider removing same-sex marriage bans, changing gendered language in marriage laws, and updating bill of rights to further protect LGBTQ+ families.

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Because we all love hopeful news… Here’s a look at some of the proposed state-level legislation that would remove outdated same-sex marriage bans and gendered language from state marriage laws, or add explicit protections for same-sex couples. 

These bills might not pass, but they represent the continuing efforts being made to respect and protect same-sex couples and their families. While Obergefell v. Hodges ensured nationwide protections for same-sex marriage in 2015, most states still have defunct bans in their constitutions or laws. Removing these bans, and updating the gendered language used in marriage and family laws, increases the protections for same-sex couples and their families at the state level. It's also an important way for state governments to show they care about their LGBTQ+ communities! 

New Jersey Senate Bill No. 3416

Introduced 2/9/21
Summary: Codifies same-sex marriage in the statutes. Among other changes, this bill would ensure that “Laws concerning marriage and civil union shall be read with gender neutral intent.”

Virginia House Joint Resolution No. 582

Filed 1/13/21
Summary: Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage.

Florida Senate Bill No. 632

Filed 1/13/21
Summary: Removes a prohibition on the recognition of marriages entered into between persons of the same sex in this state, another state, or another jurisdiction, either domestic or foreign, by repealing Section 741.212, Florida Statutes and changing the terms “husband” and “wife” to “spouse.”

Nebraska Legislative Resolution No. 20CA

Filed 1/13/21

Summary: Proposed ballot measure for the general election in November 2022 to repeal Article 1, Section 29 (1-29 states that same-sex relationships not valid or recognized). The measure would read: Constitutional amendment to remove provisions regarding marriage from the Constitution of Nebraska

Texas House Bill No. 1037

Filed 1/11/21
Summary: Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.

Last November, Nevada became the first state to remove a same-sex marriage ban from their state’s constitution. This is a big deal, and we hope to see other states follow their example. 

Here at AMM, we're passionate advocates for marriage equality. It's our ongoing mission to protect the fundamental right of all people to marry -- and to be married by someone who shares mutual respect and values!