Gay Marriage on the Ballot - A Brief History

Before the Obergefell decision in 2015, same-sex marriage was on the ballot 40 different times in 35 states. Here's how those ballot measures turned out.

In June 2015, the Supreme Court announced their decision in Obergefell v. Hodges that same-sex couples have a fundamental right to marry and laws prohibiting such marriages violate the 14th Amendment. The ruling legalized gay marriage (also referred to as ‘same-sex marriage’) in the remaining thirteen states where it was still banned. The issue of same-sex marriage quickly faded from public debate, except for a few instances such as when a county clerk refused to issue marriage licenses to gay couples due to her religious beliefs.

The debate of marriage equality versus traditional marriage has flared up in recent years (and even days as of February 2025). Justice Clarence Thomas on the Supreme Court argued in his June 2022 concurring opinion to the Dobbs decision (which overturned Roe v. Wade) that Obergefell should be reconsidered. In late January 2025, a majority of lawmakers in Idaho’s House of Representatives voted to pass a resolution that called on SCOTUS to overturn Obergefell. If Obergefell were overturned (which so far is unlikely to even be relitigated in front of the Supreme Court), a majority of states have language in their state constitutions or their state statutes that would outlaw same-sex marriage. Most, if not all, of these provisions in state constitutions were put in place via successful ballot measures that were approved in the mid-to-late 2000s.

According to Gallup polling, a supermajority of Americans support gay marriage being legal; however, support declined by 2% in recent years, from 71% in May 2023 to 69% in May 2024. Pew Research found in a survey conducted in 2022 that 61% of Americans say the legalization of same-sex marriage in a net positive for society, with 37% saying it is a net negative. Pew’s survey shows that Democrats and young people support gay marriage at very high rates (easily 70+%), while a majority of Republicans (regardless of education level) disagree that its legal status is a good thing.

Starting in 1998, the marriage equality versus traditional marriage debate has been put directly to the voters, as issue of same-sex marriage has been placed on a state’s ballot 44 different times in 35 states. From 1998 to 2005, the traditional marriage side went undefeated, with 21 anti-gay marriage ballot initiatives passing and zero failing. However, in 2006, Arizona became the first state to reject a ballot measure that sought to enshrine a same-sex marriage ban in a state constitution. In 2012, the marriage equality side saw more victories, with three states passing pro-gay marriage ballot measures and another state rejecting a ban. After the Obergefell decision in 2015, four states have so far approved ballot measures to remove anti-same-sex marriage language from their state constitutions.

If you enjoy this article, check out this piece I wrote on when the Death Penalty has been put on the ballot.

Included below, there is a chronological list (starting with the most recent from 2024) of each states’ same-sex marriage ballot measure election, with its outcome displayed on a county-by-county map (when such results were available).

2024

California Prop 3¹

Colorado Amendment J²

Hawaii Amendment 1³

2020

Nevada Question 2⁴

2012

Maine Question 1⁵

Maryland Question 6⁶

Minnesota Amendment 1⁷

North Carolina Amendment 1⁸

Washington Referendum 74⁹

2009

Maine Question 1¹⁰

2008

Arizona Prop 102¹¹

California Prop 8¹²

Florida Amendment 2¹³

2006

Alabama Amendment 774¹⁴

Arizona Prop 107¹⁵

Colorado Amendment 43¹⁶

Colorado Referendum I¹⁷

Idaho Amendment 2¹⁸

South Carolina Amendment 1¹⁹

South Dakota Amendment C²⁰

Tennessee Amendment 1²¹

Virginia Question 1²²

Wisconsin Referendum 1²³

2005

Kansas Amendment 1²⁴

Texas Prop 2²⁵

2004

Arkansas Amendment 3²⁶

Georgia Amendment 1²⁷

Kentucky Amendment 1²⁸

Louisiana Amendment 1²⁹

Michigan Proposal 04-2³⁰

Mississippi Amendment 1³¹

Missouri Amendment 2³²

Montana Initiative 96³³

North Dakota Constitutional Measure 1³⁴

Ohio Issue 1³⁵

Oklahoma State Question 711³⁶

Oregon Measure 36³⁷

Utah Amendment 3³⁸

2002

Nevada Question 2³⁹

2000

California Prop 22⁴⁰

Nebraska Measure 416⁴¹

Nevada Question 2⁴²

1998

Alaska Measure 2⁴³

Hawaii Question 2⁴⁴

1. Pages 1-3: https://elections.cdn.sos.ca.gov/sov/2024-general/sov/59-state-ballot-measures.pdf

2. https://results.enr.clarityelections.com/CO/122598/web.345435/#/detail/4004

3. https://elections.hawaii.gov/election-results/

4. https://www.nvsos.gov/SOSelectionPages/results/2020StateWideGeneral/ElectionSummary.aspx

5. https://www.maine.gov/sos/cec/elec/results/2012-13/tab-ref-2012.html

6. https://elections.maryland.gov/elections/2012/results/general/gen_detail_qresults_2012_4_0006S-.html

7. https://electionresults.sos.mn.gov/Results/AmendmentResultsStatewide?ersElectionId=1&scenario=cnty&QuestionId=140

8. https://uselectionatlas.org/RESULTS/state.php?fips=37&year=2012&f=0&off=60&elect=7

9. https://results.vote.wa.gov/results/20121106/referendum-measure-no-74-concerns-marriage-for-same-sex-couples_bycounty.html

10. https://www.maine.gov/sos/cec/elec/results/2008-09/referendumbycounty.html

11. https://web.archive.org/web/20111101120208/http://www.azsos.gov/results/2008/general/BM102.htm

12. Pages 9-12: https://elections.cdn.sos.ca.gov/sov/2008-general/ssov/10-ballot-measures-statewide-summary-by-county.pdf

13. https://results.elections.myflorida.com/Index.asp?ElectionDate=11/4/2008&DATAMODE=

14. https://www.sos.alabama.gov/sites/default/files/voter-pdfs/2006/ProposedAmendments-OfficialResultsCertification-06-28-2006.pdf

15. Page 15: https://apps.azsos.gov/election/2006/General/Canvass2006GE.pdf

16. https://historicalelectiondata.coloradosos.gov/eng/ballot_questions/view/6235

17. https://historicalelectiondata.coloradosos.gov/eng/ballot_questions/view/6250

18. As H.J.R. 2: https://archive.sos.idaho.gov/ELECT/results/2006/general/cnty_issues.htm

19. Page 83: https://scvotes.gov/wp-content/uploads/2022/08/Election_Report_2006.pdf

20. https://sdsos.gov/elections-voting/election-resources/election-history/2006/2006_general_election_official_returns_ballot_questions.aspx

21. https://sharetngov.tnsosfiles.com/sos/election/results/2006-11/RptCtyCon1andCon2.pdf

22. https://historical.elections.virginia.gov/ballot_questions/view/2365/

23. https://whs.access.preservica.com/uncategorized/IO_6710db16-6afc-46b6-88cc-98dccecd4792/

24. Excel Download: https://www.kssos.org/elections/05elec/2005_Constitutional_Amendment_results_by_county.xls

25. https://elections.sos.state.tx.us/elchist117_race3212.htm

26. https://uselectionatlas.org/RESULTS/state.php?fips=5&year=2004&f=0&off=52&elect=0

27. No county results found.

28. https://web.archive.org/web/20130515201754/http://www.cnn.com/ELECTION/2004/pages/results/states/KY/I/01/county.000.html

29. https://voterportal.sos.la.gov/graphical#!#TabSummary

30. https://web.archive.org/web/20070222235213/http://miboecfr.nicusa.com/election/results/04GEN/90000002.html

31. https://uselectionatlas.org/RESULTS/state.php?fips=28&year=2004&f=0&off=50&elect=0

32. https://uselectionatlas.org/RESULTS/state.php?fips=29&year=2004&f=0&off=51&elect=5

33. Page 4: https://sosmt.gov/Portals/142/Elections/archives/2000s/2004/2004-GenState.pdf?dt=1523477333219

34. https://results.sos.nd.gov/ResultsSW.aspx?text=BQ&type=SW&map=CTY&eid=f4_9wSod8rs.

35. https://www.ohiosos.gov/elections/election-results-and-data/2004-elections-results/state-issue-1-november-2-2004/

36. Pages 13-14: https://oklahoma.gov/content/dam/ok/en/elections/election-results/2004-election-results/2004-general-election-results/04sq.pdf

37. Page 58: https://records.sos.state.or.us/ORSOSWebDrawer/RecordView/8411085

38. Page 30: https://vote.utah.gov/wp-content/uploads/sites/42/2023/09/2004Gen.pdf

39. https://www.nvsos.gov/SOSelectionPages/results/2002General/ElectionSummary.aspx

40. Pages 248-250: https://elections.cdn.sos.ca.gov/sov/2000-primary/sov-complete.pdf

41. Pages 110-111: https://sos.nebraska.gov/sites/default/files/doc/elections/2000/2000%20General.pdf

42. https://www.nvsos.gov/SOSelectionPages/results/2000General/ElectionSummary.aspx

43. No county results found.

44. https://elections.hawaii.gov/election-results/