# How many states have banned gay marriage now **URL:** \ **Category:** Factual Questions\ **Created:** [November 4, 2004, 1:55am UTC](https://boards.straightdope.com/t/how-many-states-have-banned-gay-marriage-now/272891 "2004-11-04T01:55:26Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [November 4, 2004, 1:55am UTC](https://boards.straightdope.com/t/how-many-states-have-banned-gay-marriage-now/272891/1 "2004-11-04T01:55:26Z")
I think 11 states banned it yesterday and I assume alot of others already banned it before the election. So how many have banned gay marriage total so far? I assume its in the 30s, but that is just a guess. ---
**Author:** ![Bleaker](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Bleaker](https://boards.straightdope.com/u/Bleaker)\ **Post date:** [November 4, 2004, 6:39am UTC](https://boards.straightdope.com/t/how-many-states-have-banned-gay-marriage-now/272891/2 "2004-11-04T06:39:31Z")
[This page](http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=353058) gives a rundown for all 50 states, updated with the recent voting results. If it’s accurate and I read it correctly: [ul][li]Massachusetts has its well-known state supreme court decision.[/li][li]New Jersey, New York, New Mexico, and Rhode Island have no applicable law.[/li][li]Vermont bans gay marriage, but civil unions are legal and officially equal in all respects.[/li]All other states ban gay marriage by legislation, constitutional amendment, or court decision.[/ul] ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 4, 2004, 2:16pm UTC](https://boards.straightdope.com/t/how-many-states-have-banned-gay-marriage-now/272891/3 "2004-11-04T14:16:20Z")
Since the OP seems answered I would be curious to know what happens with the Full Faith and Credit clause of the US Constitution as regards gay marriage: > [@](#): > > Article IV > > Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. If someone legally gets married in, say, Massachusetts do they get “un-married” whenever they drive through South Carolina? If they get in an auto accident in South Carolina will the doctors there not allow or listen to one of the partners if decisions regarding the other person’s health care are at stake? I know this may throw this towards GD perhaps so if it is best I just re-ask over there let me know but it does seem relevant to this conversation and, I hope, has a factual answer as to how the clause above applies. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [November 4, 2004, 3:01pm UTC](https://boards.straightdope.com/t/how-many-states-have-banned-gay-marriage-now/272891/4 "2004-11-04T15:01:06Z")
Under the Defense of Marriage Act, the full faith and credit clause of the Constitution doesn’t apply to gay marriages. So, in your hypothetical example, South Carolina doesn’t have to recognize the Mass. marriage. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 4, 2004, 3:33pm UTC](https://boards.straightdope.com/t/how-many-states-have-banned-gay-marriage-now/272891/5 "2004-11-04T15:33:36Z")
> [@Captain Amazing](#): > > Under the Defense of Marriage Act, the full faith and credit clause of the Constitution doesn’t apply to gay marriages. So, in your hypothetical example, South Carolina doesn’t have to recognize the Mass. marriage. Interesting. Can Congress effectively limit the US Constitution with a mere Act or law? I thought if Congress wanted to limit something currently in the Constitution they’d need to do so with a Constitutional Amendment. IANAConstitutional expert so am curious. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [November 4, 2004, 4:41pm UTC](https://boards.straightdope.com/t/how-many-states-have-banned-gay-marriage-now/272891/6 "2004-11-04T16:41:13Z")
Under the Federal DOMA, the Full Faith and Credit clause does not apply to the recognition of same-sex marriages. Whether this is constitutional is hotly debated among scholars of constitutional law. But most importantly, the key factor in such discussions is that it is settled law, long before the issue of gay marriages ever came up, that no state can be compelled by the Full Faith and Credit clause to extend recognition to the actions of another state which are against the first state’s “legitimate public policy.” What this means, in practice, is that if a state doesn’t itself recognize gay marriages, or civil unions, one cannot use FF&C to require it to recognize another state’s legitimation of them. What it means as constitutional theory is best explained by someone with a clearer sense of how “public policy” is defined than I have.