In total, 11 US legal jurisdictions have enacted registration schemes of various types. The purpose of this paper is to clarify, describe and analyse the developments of these various same‐sex relationship types in the USA and the role State constitutions play in this process.
The paper analyses the various types of registration schemes and categorises them into different theoretical themes as well as analysing the jurisdictions which permit and prohibit same‐sex relationship legal recognition.
The findings indicate that State constitutions have been used in order to gain access to legal recognition as well as to deny access to rights and duties of legally recognised relationships. A classification has been put forward which categorises and catalogues which states have used their constitutions to prohibit as well as permit same‐sex marriage and registered same‐sex relationships.
This type of categorisation is valuable in attempting to keep track of and understand the very fast‐moving area of law and law making, especially for other legal jurisdictions which may be able to use the theoretical approach of one of the US states.
