Marriage Laws By State
The United States traditionally lets each state decide who may legally marry within its borders. This makes the fight for gay marriage especially complicated here—the same struggles are repeated fifty times over, and there is the additional question of which states recognize or reject other states' marriages. The federal government has its own marriage laws which are enforced everywhere in the country.
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Federal Government
The federal government does not confer marriage licenses; however, it does provide spouses with certain rights and protections. Normally, each state issues marriage licenses according to its own laws, and all these marriages are recognized as legal on the federal level. The Defense of Marriage Act (DOMA) creates a special exception for same-sex couples. Even if a state chooses to recognize gay marriage, DOMA prevents same-sex spouses in that state from receiving the federal rights that all straight married couples enjoy.
Alabama
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2008
Alabama Constitution Amendment 774: Sanctity of Marriage Amendment.
(a) This amendment shall be known and may be cited as the Sanctity of Marriage Amendment.
(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting this unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
(f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex.
(g) A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.
Other Laws:
(a) This section shall be known and may be cited as the "Alabama Marriage Protection Act."
(b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
(c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract.
(d) No marriage license shall be issued in the State of Alabama to parties of the same sex.
(e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued.
Alaska
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 1998
Alaska Constitution Article 1, Section 25: Marriage.
To be valid or recognized in this State, a marriage may exist only between one man and one woman.
Other Laws:
Alaska Statues Title 25, Chapter 5, Section 13: Same-sex marriages.
(a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state.
(b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.
Arizona
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2008
Arizona Constitution Article XXX, Section 1: Marriage.
Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
Other Laws:
Arizona Revised Statutes Title 25, Section 101: Void and Prohibited Marriages, part (c).
Marriage between persons of the same sex is void and prohibited.
(a) Marriage valid by laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.
(b) Marriages solemnized in another state or country by parties intending at the time to reside in this state shall have the same legal consequences and effect as if solemnized in this state, except marriages that are void and prohibited by section 25-101.
(c) Parties residing in this state may not evade the laws of this state relating to marriage by going to another state or country for solemnization of the marriage.
Arkansas
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Arkansas Constitution Amendment 83: Marriage.
Section 1. Marriage. Marriage consists only of the union of one man and one woman.
Section 2. Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.
Section 3. Capacity, rights, obligations, privileges, and immunities. The legislature has the power to determine the capacity of persons to marry, subject to this amendment, and the legal rights, obligations, privileges, and immunities of marriage.
Other Laws:
Arkansas Code Annotated Title 9, Subtitle 2, Chapter 11, Subchapter 1: General Provisions.
Section 7. Same sex marriage void.
Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.
Section 9. Validity of foreign marriages.
(a) All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.
(b) This section shall not apply to a marriage between persons of the same sex.
Arkansas Code Annotated Title 9, Subtitle 2, Chapter 11, Subchapter 2: License and Ceremony.
Section 8. License not issued to persons under age or to persons of the same sex.
(b) It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage.
(c) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.
(d) However, nothing in this section shall prevent an employer from extending benefits to persons who are domestic partners of employees.
California
On October 12, 2009, following the passage of Proposition 8, Governor Arnold Schwarzenegger signed into law The Marriage Recognition and Family Protection Act (SB 54), legislation proposed by openly gay State Senator Mark Leno. The bill established that some of the same-sex marriages performed outside the state are also recognized by the state of California as "marriage", depending on the date of the union.
After the California Supreme Court challenge following the passage of Proposition 8, the California Supreme Court Justices affirmed that all same-sex marriages performed in California before the passage of Proposition 8 continued to be valid and recognized as "marriage." The Marriage Recognition and Family Protection Act also established that a same-sex marriage performed outside the state is recognized as "marriage" if it occurred before Proposition 8 took effect. This category includes same-sex marriages performed before same-sex marriage became legal in California, such as those Canadian same-sex marriages performed in 2006. SB 54 also mandates that all same-sex couples who get married outside of California after Proposition 8 passed will be entitled to all the rights, benefits, and obligations of marriage, except for the use of the term “marriage” to describe their relationship. These unions are not recognized as "marriage", nor are they considered "domestic partnerships". Instead these unions fall into a third category, not having any label imposed by state law.
California Constitution Article 1, Section 7.5.
Only marriage between a man and a woman is valid or recognized in California.
Legal challenges to November 2008 initiative (Proposition 8)
Strauss v. Horton and Perry v. Schwarzenegger
On June 20, 2008, gay rights groups filed suit before the California Supreme Court seeking to remove the initiative from the November ballot; their lawsuit was later dismissed on July 16, 2008. They argued that the changes would constitute a revision to the California Constitution, which requires a two-thirds vote of the legislature before being placed before voters, rather than a mere amendment, which does not require involvement by the legislature. They further argued that the original petitions, which were circulated before the May 15 court decision, were misleading because the petitions said the initiative would not change the marriage laws and would have no fiscal impact.
Prior to the election date, backers of the proposition also filed a lawsuit after state Attorney General Jerry Brown changed the title of the Proposition 8 initiative from "Limit on Marriage" to "Eliminates the Right of Same-Sex Couples to Marry". On August 8, 2008 Superior Court Judge Timothy Frawley ruled that "The attorney general did not abuse his discretion in concluding that the chief purpose and effect of the initiative is to eliminate the right of same-sex couples to marry", so the new name would appear on the ballots.
On the day of the Strauss v. Horton decision–in which the California State Supreme Court upheld Proposition 8 as a lawful amendment of the state constitution–the American Foundation for Equal Rights (AFER) filed suit in the U.S. District Court for the Northern District of California to challenge the validity of Proposition 8 at the federal level. Judge Walker ordered a trial set for January 2010, which is set to address questions as wide-ranging as whether being gay diminishes one's contribution to society, affects one's ability to raise children, impairs judgment, or constitutes a mental disorder.
Colorado
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2006
Colorado Constitution Article II, Section 31: Marriages – valid or recognized.
Only a union of one man and one woman shall be valid or recognized as a marriage in this state.
Other Laws:
Colorado Revised Statutes Title 14, Article 2, Part 1, Section 4: Formalities.
(1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if:
(a) It is licensed, solemnized, and registered as provided in this part 1; and
(b) It is only between one man and one woman.
(2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.
Connecticut
Gay marriage is legal in Connecticut.
Constitutional Amendment: None
Other Laws:
Connecticut Substitute Senate Bill 963: An Act Concerning Civil Unions.
Sec. 14. Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage, which is defined as the union of one man and one woman.
(This law has not been operative since same-sex marriages became legal in 2008.)
Delaware
Gay marriages are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: None
Other Laws:
Delaware Statutes Title 13, Section 101: Void and voidable marriages.
(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender.
(d) A marriage obtained or recognized outside the state between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the state.
District of Columbia
Same-sex marriages are banned by DOMA because the District of Columbia's unique legal status gives Congress final control of its local laws. Same-sex couples may enter into domestic partnerships. Same-sex marriages from other states are given the same legal status as heterosexual marriages.
See: DOMA
Florida
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2008
Florida Constitution Article 1, Section 27: Marriage defined.
Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.
Other Laws:
Florida Statutes Annotated Title XLIII, Chapter 741: Marriage; Domestic violence.
Section 4. Marriage license issued.
No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person … unless one party is a male and the other party is a female.
Section 212. Marriages between persons of the same sex.
(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.
(2) The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state, territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection (1) or a claim arising from such a marriage or relationship.
(3) For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union.
Georgia
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Article I, Section IV, Paragraph I: Recognition of marriage.
(a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship.
Other Laws:
(a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage.
Hawaii
Gay marriage is banned. Out-of-state same-sex marriages are not recognized. Same-sex couples may enter into domestic partnerships which confer some benefits associated with marriage.
Constitutional Amendment: passed in 1998
Hawaii Constitution Article 1, Section 23: Marriage.
The legislature shall have the power to reserve marriage to opposite-sex couples.
Other Laws:
Hawaii Statutes Section 572, Part 1: Requisites of valid marriage contract.
In order to make valid the marriage contract, which shall be only between a man and a woman, it shall be necessary that: …
Hawaii Statutes Section 572C: Reciprocal Beneficiaries.
1. Purpose. The purpose of this chapter is to extend certain rights and benefits which are presently available only to married couples to couples composed of two individuals who are legally prohibited from marrying under state law.
2. Findings. The legislature finds that the people of Hawaii choose to preserve the tradition of marriage as a unique social institution based upon the committed union of one man and one woman. The legislature further finds that because of its unique status, marriage provides access to a multiplicity of rights and benefits throughout our laws that are contingent upon that status. As such, marriage should be subject to restrictions such as prohibiting respective parties to a valid marriage contract from standing in relation to each other, i.e., brother and sister of the half as well as to the whole blood, uncle and niece, aunt and nephew.
However, the legislature concurrently acknowledges that there are many individuals who have significant personal, emotional, and economic relationships with another individual yet are prohibited by such legal restrictions from marrying. For example, two individuals who are related to one another, such as a widowed mother and her unmarried son, or two individuals who are of the same gender. Therefore, the legislature believes that certain rights and benefits presently available only to married couples should be made available to couples comprised of two individuals who are legally prohibited from marrying one another.
6. Rights and obligations. Upon the issuance of a certificate of reciprocal beneficiary relationship, the parties named in the certificate shall be entitled to those rights and obligations provided by the law to reciprocal beneficiaries. Unless otherwise expressly provided by law, reciprocal beneficiaries shall not have the same rights and obligations under the law that are conferred through marriage under chapter 572.
Idaho
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2006
Idaho Constitution Article III, Section 28: Marriage.
A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state.
Other Laws:
Idaho Code Title 32, Chapter 2, Section 9: Recognition of foreign or out-of-state marriages.
All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same-sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state.
Illinois
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: None
Other Laws:
Illinois Compiled Statues Chapter 5: General Provisions.
Section 212: Prohibited Marriages.
(a) The following marriages are prohibited:
...
(5) a marriage between 2 individuals of the same sex.
Section 213.1 Same sex marriages; public policy.
A marriage between 2 individuals of the same sex is contrary to the public policy of this State.
Indiana
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: none
Other Laws:
Indiana Code Title 31, Article 11, Chapter 1, Section 1: Same sex marriages prohibited.
(a) Only a female may marry a male. Only a male may marry a female.
(b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.
Iowa
Gay marriage is legal. Out-of-state same-sex marriages are recognized. Same-sex marriage in the U.S. state of Iowa became legal on April 3, 2009.[1] Iowa's first dealings with same-sex marriage came in 1998, after recent court cases starting in Hawaii found that denying the right to marry to same-sex couples was incompatible with the Equal Protection Clause of the state constitutions of most states. Iowa legislators hurried to pass a local Defense of Marriage Act to prohibit marriage between gay and lesbian couples to avoid a similar court challenge. In 2005, Lambda Legal filed a lawsuit on behalf of six Polk County same-sex couples and their children who were denied marriage licenses in Iowa, arguing that this denial violated the liberty and equal protection clauses in the state constitution. In 2007, the Polk County District Court ruled in favor of the couples, prompting the county to appeal to the Iowa Supreme Court. On April 3, 2009, the Iowa Supreme Court unanimously upheld the District Court's ruling holding that there was no important governmental interest in denying citizens marriage licenses based on their sexual orientation. Licenses were originally to be available 21 days after the ruling, on April 24, but the availability of licenses was subsequently postponed until April 27 due to a Furlough day.
Constitutional Amendment: none
Court Rulings:
April 3rd, 2009: Barnum v. Brien, Iowa Supreme Court
Our responsibility...is to protect constitutional rights of individuals from legislative enactments that have denied those rights, even when the rights have not yet been broadly accepted, were at one time unimagined, or challenge a deeply ingrained practice or law viewed to be impervious to the passage of time. The framers of the Iowa Constitution knew, as did the drafters of the United States Constitution, that “times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress,” and as our constitution “endures, persons in every generation can invoke its principles in their own search for greater freedom” and equality.
...
Consequently, the language in Iowa Code section 595.2 limiting civil marriage to a man and a woman must be stricken from the statute, and the remaining statutory language must be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage.
Kansas
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2005
Kansas Constitution Article 15, Section 16: Marriage.
(a) The marriage contract is to be considered in law as a civil contract. Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void.
(b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage.
Other Laws:
Kansas Statute Chapter 23, Article 1: Marriage.
Statute 101: Nature of Marriage Relation.
(a) The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex . All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is essential. The marriage ceremony may be regarded either as a civil ceremony or as a religious sacrament, but the marriage relation shall only be entered into, maintained or abrogated as provided by law.
Statute 115: Validity of marriages contracted without state.
All marriages contracted without this state, which would be valid by the laws of the country in which the same were contracted, shall be valid in all courts and places in this state. It is the strong public policy of this state only to recognize as valid marriages from other states that are between a man and a woman.
Kentucky
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.
Other Laws:
Kentucky Revised Statutes Title XXXV, Chapter 402: Marriage.
Section 5: Definition of marriage.
As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.
Section 20: Other prohibited marriages.
(1) Marriage is prohibited and void: (d) Between members of the same sex[.]
Section 40: Marriage in another state.
(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.
(2) A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.
Section 45: Same-sex marriage in another jurisdiction void and unenforceable.
(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.
(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.
Louisiana
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Louisiana Constitution Article XII, Section 15: Defense of Marriage.
Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.
Other Laws:
Article 89: Impediment of same sex.
Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.
Article 96: Civil effects of absolutely null marriage; putative marriage.
§4. A purported marriage between parties of the same sex does not produce any civil effects.
Article 3520. Marriage.
A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.
B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.
Maine
Domestic partnerships were established in the United States state of Maine by the state legislature in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage. On May 6, 2009, a law to allow same-sex marriage in Maine was enacted by the legislature and the governor. The law was subsequently repealed by 52.8% of Maine voters on November 3, 2009. Maine's domestic partnership law remains in effect. According to the Maine Department of Health and Human Services, "It is important to remember that a registered domestic partnership is NOT the same as a marriage and does not entitle partners to rights other than those for which the registry was intended. This registry is intended to allow individuals to have rights of inheritance as well as the rights to make decisions regarding disposal of their deceased partners remains."
Court rulings:
Other Laws:
An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom.
Marriage is the legally recognized union of 2 people. Gender-specific terms relating to the marital relationship or familial relationships, including, but not limited to, "spouse," "family," "marriage," "immediate family," "dependent," "next of kin," "bride," "groom," "husband," "wife," "widow" and "widower," must be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law or any other source of civil law.
...
A marriage of a same-sex couple that is validly licensed and certified in another jurisdiction is recognized for all purposes under the laws of this State.
...
This Part does not authorize any court or other state or local governmental body, entity, agency or commission to compel, prevent or interfere in any way with any religious institution's religious doctrine, policy, teaching or solemnization of marriage within that particular religious faith's tradition as guaranteed by the Maine Constitution, Article 1, Section 3 or the First Amendment of the United States Constitution. A person authorized to join persons in marriage and who fails or refuses to join persons in marriage is not subject to any fine or other penalty for such failure or refusal.
Maryland
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: None
Other Laws:
Annotated Code of Maryland, Title 2, Subtitle 2: Valid Marriages; Void Marriage, Section 201.
Only a marriage between a man and a woman is valid in this State.
Massachusetts
Gay marriage has been legal in Massachusetts since 2004, due to a State Supreme Court ruling in the case Goodridge v. Department of Public Health. No specific ban on recognition of same-sex marriages from other regions.
Constitutional Amendment: None
Other Laws: None
Michigan
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Michigan Constitution Article I, Section 25: Marriage.
To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.
Other Laws:
Michigan Compiled Laws Annotated Chapter 551: Marriage.
Section 1. Marriage between individuals of same sex as invalid contract.
Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.
Section 271. Marriages solemnized in another state validated.
(1) Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws.'
(2) This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.
Minnesota
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: None
Other Laws:
Minnesota Statutes Chapter 517, Section 3: Prohibited marriages, Subdivision 1.
(a) The following marriages are prohibited: ... (4) a marriage between persons of the same sex.
(b) A marriage entered into by persons of the same sex, either under common law or statute, that is recognized by another state or foreign jurisdiction is void in this state and contractual rights granted by virtue of the marriage or its termination are unenforceable in this state.
Mississippi
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Mississippi Constitution Article 14, Section 263A
Marriage may take place and may be valid under the laws of this State only between a man and a woman. A marriage in another State or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this State and is void and unenforceable under the laws of this State.
Other Laws:
Missisippi Code Title 93, Chapter 1, Section 1: Certain marriages declared incestuous and void.
(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.
Missouri
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Missouri Constitution Article I, Section 33: Marriage, validity and recognition.
That to be valid and recognized in this state, a marriage shall exist only between a man and a woman.
Other Laws:
1. It is the public policy of this state to recognize marriage only between a man and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a woman.
4. A marriage between persons of the same sex will not be recognized for any purpose in this state even when valid where contracted.
Montana
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Montana Constitution Article XIII, Section 7: Marriage.
Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.
Other Laws:
Montana Code Annotated Title 40, Chapter 1: Marriage.
Section103: General Provisions --- Formalities.
Marriage is a personal relationship between a man and a woman arising out of a civil contract to which the consent of the parties is essential. A marriage licensed, solemnized, and registered as provided in this chapter is valid in this state. A marriage may be contracted, maintained, invalidated, or dissolved only as provided by the law of this state.
Section 401: Prohibited marriages – contracts.
(1) The following marriages are prohibited: ... (d) a marriage between persons of the same sex.
Nebraska
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2000, struck down by a federal judge in 2005, and reinstated by the 8th U.S. Circuit Court in 2006.
Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.
Other Laws: None
Nevada
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2002
Nevada Constitution Article I, Section 21. Limitation on recognition of marriage.
Only a marriage between a male and female person shall be recognized and given effect in this state.
Other Laws: None
New Hampshire
The New Hampshire House of Representatives and Senate of New Hampshire voted to legalize same-sex marriages, and the state's Governor, John Lynch signed the legislation into law on June 3. The law will go into effect on January 1, 2010.
The law also states that any couples in a same-sex civil union would automatically be considered married after 2011.
Currently gay marriage is banned and out-of-state same-sex marriages are not recognized. Civil unions are available for same-sex couples, and civil unions of same-sex couples from other regions are recognized.
New Hampshire Revised Statutes Title XLIII, Chapter 457: Marriages.
Section 1: Marriages Prohibited; Men.
No man shall marry […] any other man.
Section 2: Marriages Prohibited; Women.
No woman shall marry […] any other woman.
Section 3: Recognition of Out-of-State Marriages.
Every marriage legally contracted outside the state of New Hampshire, which would not be prohibited under RSA 457:1 or RSA 457:2 if contracted in New Hampshire, shall be recognized as valid in this state for all purposes if or once the contracting parties are or become permanent residents of this state subsequent to such marriage, and the issue of any such marriage shall be legitimate. Marriages legally contracted outside the state of New Hampshire which would be prohibited under RSA 457:1 or RSA 457:2 if contracted in New Hampshire shall not be legally recognized in this state. Any marriage of New Hampshire residents recognized as valid in the state prior to the effective date of this section shall continue to be recognized as valid on or after the effective date of this section.
Section 43: Residents.
If any person residing and intending to continue to reside in this state is prohibited from contracting marriage under the laws of this state and goes into another jurisdiction and there contracts a marriage prohibited and declared void by the laws of this state, such marriage shall be null and void for all purposes in this state, with the same effect as though such prohibited marriage had been entered into in this state.
New Hampshire Revised Statutes Title XLIII, Chapter 457-A: Civil Unions.
Section 6: Rights, Obligations, and Responsibilities.
Notwithstanding any other law to the contrary, the parties who enter into a civil union pursuant to this chapter shall be entitled to all the rights and subject to all the obligations and responsibilities provided for in state law that apply to parties who are joined together pursuant to RSA 457 [Marriage].
8: Other Jurisdictions.
A civil union or a marriage between a man and another man or a woman and another woman legally contracted outside of New Hampshire shall be recognized as a civil union in this state, provided that the relationship does not violate the prohibitions of this chapter.
Constitutional Amendment: None
Other Laws:
New Jersey
Gay marriages are not performed in New Jersey, but civil unions are available. Both same-sex marriages and civil unions created outside of the state are treated as civil unions in New Jersey.
Constitutional Amendment: None
Other Laws: None
New Mexico
Same-sex marriage licenses issued briefly in 2004, but declared invalid. Marriages created in other regions are considered valid in New Mexico.
Constitutional Amendment: None
Other Laws:
New Mexico Statutes Chapter 40, Article 1, Section 4: Lawful marriages without the state recognized.
All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.
New York
The state of New York does not perform same-sex marriages, but does recognize those performed outside of its borders.
Constitutional Amendment: None
Other Laws: None
North Carolina
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: None
Other Laws:
North Carolina General Statutes Chapter 51, Article 1: General Provisions.
Section 1. Requisites of marriage; solemnization.
A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: ....
Section 2. Marriages between persons of the same gender not valid.
Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina.
North Dakota
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
North Dakota Constitution Article XI, Section 28
Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
Other Laws:
North Dakota Century Code Title 14, Chapter 3: Marriage Contract.
Section 1: What constitutes marriage - Spouse defined.
Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife.
Section 8: Foreign marriages recognized - Exception.
Except when residents of this state contract a marriage in another state which is prohibited under the laws of this state, all marriages contracted outside this state, which are valid according to the laws of the state or country where contracted, are valid in this state. This section applies only to a marriage contracted in another state or country which is between one man and one woman as husband and wife.
Ohio
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Ohio Constitution Article XV, section 11: Marriage Amendment.
Only a union between one man and one woman may be a marriage valid in or recognized by this state and its political subdivisions. This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.
Other Laws:
(1) Any marriage between persons of the same sex is against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.
(2) Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
(3) The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division (C)(3) of this section shall be construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that are otherwise valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
Oklahoma
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Oklahoma Constitution Article 2, Section 35
(a) Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
(b) A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
(c) Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor.
Other Laws:
Recognition of marriage between persons of same gender prohibited. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
Oregon
Gay marriage is banned. Same-sex couples may enter into domestic partnerships.
Constitutional Amendment: passed in 2004
Oregon Constitution Article XV, Section 5a: Policy regarding marriage.
It is the policy of Oregon, and its subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage.
Other Laws: None
Pennsylvania
Gay marriage is banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: None
Other Laws:
It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.
Rhode Island
Same-sex marriages are not performed, but marriages performed in Massachusetts are recognized.
Constitutional Amendment: None
Other Laws: None
South Carolina
Same-sex marriage and similar legal relationships are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2006
South Carolina Constitution Article XVII Miscellaneous Matters, Section 15
A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State and its political subdivisions shall not create a legal status, right, or claim respecting any other domestic union, however denominated. This State and its political subdivisions shall not recognize or give effect to a legal status, right, or claim created by another jurisdiction respecting any other domestic union, however denominated. Nothing in this section shall impair any right or benefit extended by the State or its political subdivisions other than a right or benefit arising from a domestic union that is not valid or recognized in this State. This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments.
Other Laws:
South Carolina Code of Laws Title 20, Chapter 1: Marriage.
Section 20-1-10. Persons who may contract matrimony.
(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(B) No man shall marry […] another man.
(C) No woman shall marry […] another woman.
SECTION 20-1-15. Prohibition of same sex marriage.
A marriage between persons of the same sex is void ab initio and against the public policy of this State.
South Dakota
Same-sex marriage and similar legal relationships are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2006
South Dakota Constitution Article XXI, Section 9: Marriage.
Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.
Other Laws:
South Dakota Codified Laws Title 25, Chapter 1: Validity And Performance Of Marriages.
Section 1: Marriage defined--Consent and solemnization required.
Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone does not constitute a marriage; it must be followed by a solemnization.
Section 38: Validity of marriages contracted outside state--Same-sex marriages excluded.
Any marriage contracted outside the jurisdiction of this state, except a marriage contracted between two persons of the same gender, which is valid by the laws of the jurisdiction in which such marriage was contracted, is valid in this state.
Tennessee
Gay marriage is banned and out-of-state same-sex marriages are not recognized. Relationships similar to same-sex marriage, such as domestic partnerships and civil unions, are not performed but not explicitly banned.
Constitutional Amendment: passed in 2006
Tennessee Constitution Article XI, Section 18: Marital contract defined.
The historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman, is contrary to the public policy of this state and shall be void and unenforceable in Tennessee. If another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited in this state by the provisions of this section, then the marriage shall be void and unenforceable in this state.
Other Laws:
(a) Tennessee's marriage licensing laws reinforce, carry forward, and make explicit the long-standing public policy of this state to recognize the family as essential to social and economic order and the common good and as the fundamental building block of our society. To that end, it is further the public policy of this state that the historical institution and legal contract solemnizing the relationship of one (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage.
(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state.
(c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee.
(d) If another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state.
Texas
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2005
Texas Constitution Article 1, Section 32: Marriage.
(a) Marriage in this state shall consist only of the union of one man and one woman.
(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.
Other Laws:
Texas Family Code Title 1: The marriage relationship.
Chapter 2, Section 1: Marriage license.
(a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
(b) A license may not be issued for the marriage of persons of the same sex.
Chapter 6, Section 6.204. Recognition of same-sex marriage of union.
(a) In this section, "civil union" means any relationship status other than marriage that:
(1) is intended as an alternative to marriage or applies primarily to cohabitating persons; and
(2) grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage.
(b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.
(c) The state or an agency or political subdivision of the state may not give effect to a:
(1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or
(2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.
Utah
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2004
Utah Constitution Article 01, Section 29: Marriage.
(1) Marriage consists only of the legal union between a man and a woman.
(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
Other Laws:
Utah Code Title 30, Chapter 01: Marriage.
Section 2: Marriages prohibited and void.
The following marriages are prohibited and declared void: [...] (5) between persons of the same sex.
Section 4, Subsection 1: Marriage recognition policy.
(a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.
(b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married.
(2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.
Vermont
Same-sex marriage is legal.
Constitutional Amendment: None
Other Laws:
Section 8: Marriage Definition.
...
Gender-specific terms relating to the marital relationship or familial relationships, including without limitation “spouse,” “family,” “marriage,” “immediate family,” “dependent,” “next of kin,” “bride,” “groom,” “husband,” “wife,” “widow,” and “widower,” shall be construed to be gender-neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law.
Virginia
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2006
Virginia Constitution Article 1, Section 15-A: Marriage.
That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.
Other Laws:
Code of Virginia Title 20, Chapter 3: Unlawful marriages generally.
Section 45.2: Marriage between persons of same sex.
A marriage between persons of the same sex is prohibited. Any marriage entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created by such marriage shall be void and unenforceable.
Section 45.3: Civil unions between persons of same sex.
A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.
Washington
Same-sex marriage is banned. Out-of-state same-sex marriages are not recognized. Same-sex couples may enter into domestic partnerships which confer some, but not all, of the same state-given rights and protections given to married couples.
Constitutional Amendment: None
Other Laws:
Washington Revised Code Title 26, Chapter 04, Section 20: Prohibited marriages.
(1) Marriages in the following cases are prohibited:
[...]
(c) When the parties are persons other than a male and a female.
[…]
(3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection ... (1)(c) ... of this section.
West Virginia
Same sex marriage and similar relationships (such as civil unions) are not allowed, but not explicitly banned. Recognition of out-of-state same-sex marriages is explicitly banned.
Constitutional Amendment: None
Other Laws:
A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of the other state, territory, possession, or tribe, or a right or claim arising from such relationship, shall not be given effect by this state.
Wisconsin
Gay marriage and legal relationships similar to gay marriage are banned. Out-of-state same-sex marriages are not recognized.
Constitutional Amendment: passed in 2006
Wisconsin Constitution Article XIII, Section 13: Marriage.
Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.
Other Laws:
Wisconsin Statutes Chapter 765, Section 4: Marriage abroad to circumvent the laws, Part (1).
If any person residing and intending to continue to reside in this state who is disabled or prohibited from contracting marriage under the laws of this state goes into another state or country and there contracts a marriage prohibited or declared void under the laws of this state, such marriage shall be void for all purposes in this state with the same effect as though it had been entered into in this state.
Wyoming
Gay marriage and recognition of out-of-state same-sex marriages are banned. Other legal relationships such as civil unions and domestic partnerships are not performed but not explicitly banned.
Constitutional Amendment: None
Other Laws:
Wyoming Statutes Title 20, Chapter 1, Article 1, Section 1: Marriage a civil contract.
Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential.
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