California's top court legalized same-sex marriage in July 2008, but on Nov. 4, voters in California rescinded marriage equality with a proposition that amended that state's constitution. A lawsuit seeking to overturn this amendment failed in May 2009. Proponents of marriage equality may attempt to put a proposition on the ballot in 2010 reinstating legalized same-sex marriage.

Also in 2008, New York's Governor Paterson issued an order to state agencies to extend "comity or full faith and credit to same-sex marriages that are legally performed in other jurisdictions," extending the Executive Order signed by Westchester County Executive Andy Spano in June 2006.

Marriage Equality in 2009:
Before the November 2009 election, six states had marriage equality. On April 3, the Iowa Supreme Court ruled unanimously that that state's ban on same-sex marriage violated Iowa's constitution to treat all citizens equally.

On April 7, Vermont became the fourth state to recognize same-sex marriage, as the state's legislature voted comfortably for the measure. This was the first time that a state's legislature voted to allow marriage equality. All previous allowances came from the judicial branch. A veto by the governor of Vermont was overridden by both houses of the state's legislature. Several house members who originally voted against the measure switched sides to support the override, making marriage equality the law of the state.

On April 30, a bill allowing marriage equality in New Hampshire was approved by the legislature and the governor was poised to sign, but he held off, wanted stronger language to protect religious organizations. The legislature demanded a "revote," which would open the door to kill the measure.

On May 6, Maine became the fifth state to legalize marriage equality for same-sex couples, for the second time through the legislature. John Baldacci, the Governor of Maine acted immediately to sign the marriage equality legislation into law following its passage by the state legislature. However, in November, he measure faced a challenge as opponents of marriage equality were able to put a "people's veto" to overturn the legislative process onto the ballot. On Election Day, Question 1 easily passed in Maine, 53 percent to 47 percent, overturning the law and rolling back marriage equality in Maine. The count of states allowing marriage equality dropped as a majority once again voted against the civil rights of a minority.

In New York, the bill that Governor Paterson introduced into the NYS legislature to allow marriage equality for same-sex couples was voted on in the NYS Assembly on Tuesday, May 12. The measure passed 89 to 52, gaining four votes more than the last time the vote was done in 2007. The bill now goes to the NYS Senate. Gov. Paterson says that he will sign the law if it is passed, but it faces a rocky road in the Senate.

Legislative delays in the Senate prevented the marriage equality bill from coming to a vote and Gov. Paterson's push to get the Senate to vote on the measure in September failed. The bill is once again on the agenda in early November.

Read the 1,324 rights and responsibilities that come with legal marriage in New York.

On June 3, New Hampshire joined Connecticut, Iowa, Maine, Massachusetts and Vermont to bring the count of states allowing marriage equality to six, moving again through the state's legislature. The bill survived the "revote" in both the New Hampshire House and Senate and New Hampshire's governor signed the bill into law immediately. The law will take effect on January 1, 2010; exactly two years after the state began recognizing civil unions. New Hampshire is now the fifth state to allow marriage equality since Maine's law was overturned, but opponents of marriage equality is targeting New Hampshire and will attempt to roll those laws back.