The ABA House of Delegates passed Resolution 103D on February 9, 2004. The resolution, as adopted, states:
“Resolved, that to preserve the authority of the states and territories to regulate marriage under our federal system, the American Bar Association opposes any federal enactment that would restrict the ability of a state or territory to prescribe the qualifications for civil marriage between two persons within its jurisdiction.”
The American Bar Association did not take a position on whether states should or should not allow civil marriage between same-sex couples.