Same-Sex Marriage

In recent months, the issue of gay marriage and same-sex unions has burst into our national consciousness. The American Bar Association takes no position on gay marriage or civil unions, but supports the authority of states to regulate marriage within their borders and is opposed to any federal enactments that would remove this right from the states.

In this highly charged, fast-changing atmosphere, the ABA Section of Family Law established a Working Group on Same-Sex Marriages and Non-Marital Unions to study and report on the legal and policy issues impacted by gay marriage. After several months' research, the working group released An Analysis of the Law Regarding Same-Sex Marriage, Civil Unions, and Domestic Partnerships. The report, which has not been approved by the ABA's policy-making House of Delegates and does not represent official policy of the association, showcases the hundreds of statues, local ordinances and court opinions enacted by states to address the complex issues and ramifications arising from this relatively new public policy debate.