Same-sex marriage in the United States
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The legal recognition of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
in the United States expanded from one state in 2004 (
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
) to all fifty states in 2015 through various court rulings, state legislation, and direct popular vote. States have separate
marriage law Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary consider ...
s, which must adhere to rulings by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
that recognize
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
as a
fundamental right Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
guaranteed by both the
Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...
and the
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
of the
Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...
, as first established in the 1967
landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern-day use, the term can also be applied to smaller structures ...
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
case of '' Loving v. Virginia''. Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s. In 1972, the later overturned '' Baker v. Nelson'' saw the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
decline to become involved. The issue became prominent from around 1993, when the
Supreme Court of Hawaii The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions ...
ruled in '' Baehr v. Lewin'' that it was unconstitutional under the Constitution of Hawaii for the state to abridge marriage on the basis of sex. That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized by law, the most prominent of which was the 1996 federal
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. It banned federal recognition of same-sex marriage by limitin ...
(DOMA). In 2003, the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously fu ...
ruled in '' Goodridge v. Department of Public Health'' that it was unconstitutional under the Constitution of Massachusetts for the state to abridge marriage on the basis of sex. From 2004 through to 2015, as the tide of public opinion continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
s and
initiative Popular initiative A popular initiative (also citizens' initiative) is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. In direct initiative, the proposition is put direct ...
s), and federal court rulings established same-sex marriage in thirty-six of the fifty states. The most prominent supporters of same-sex marriage are
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
and
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
organizations, while the most prominent opponents are religious groups, though some religious organizations support marriage equality. The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in the civil rights movement, including Coretta Scott King,
John Lewis John Robert Lewis (February 21, 1940 – July 17, 2020) was an American civil rights activist and politician who served in the United States House of Representatives for from 1987 until his death in 2020. He participated in the 1960 Nashville ...
,
Julian Bond Horace Julian Bond (January 14, 1940 – August 15, 2015) was an American social activist, leader of the civil rights movement, politician, professor, and writer. While he was a student at Morehouse College in Atlanta, Georgia, during the ea ...
, and Mildred Loving. In May 2012, the
NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...
, the leading African-American civil rights organization, declared its support for same-sex marriage and stated that it is a civil right. In June 2013, the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
struck down DOMA for violating the
Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with ...
in the landmark civil rights case of ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a List of landmark court decisions in the United States, landmark United States Supreme Court civil rights case concerning same-sex marriage in the United States, same-sex marriage. The Cou ...
'', leading to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. In June 2015, the Supreme Court ruled in the landmark civil rights case of '' Obergefell v. Hodges'' that the
fundamental right Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the
Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...
and the
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
of the
Fourteenth Amendment to the United States Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...
. On December 13, 2022, DOMA was repealed and replaced by the
Respect for Marriage Act The Respect for Marriage Act (RFMA; ) is a landmark United States federal law passed by the 117th United States Congress in 2022 and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal ...
, which recognizes and protects same-sex and interracial marriages under federal law and in interstate relations. Gallup found that nationwide public support for same-sex marriage reached 50% in 2011, 60% in 2015, and 70% in 2021. A study of nationwide data from January 1999 to December 2015 revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among teens, with the effect being concentrated among teens of a minority sexual orientation, resulting in approximately 134,000 fewer teens attempting suicide each year in the United States.


History

The history of same-sex marriage in the United States dates from the early 1970s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention, though they proved unsuccessful. The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in '' Baehr v. Miike'' that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the ''
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. It banned federal recognition of same-sex marriage by limitin ...
'' (DOMA). On May 17, 2004,
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
became the first U.S. state and the sixth jurisdiction in the world to legalize same-sex marriage following the Supreme Judicial Court's decision in '' Goodridge v. Department of Public Health'' six months earlier. Just as with the Hawaii decision, the legalization of same-sex marriage in Massachusetts provoked a reaction from opponents that resulted in further legal restrictions being written into state statutes and constitutions. On August 4, 2004, a Washington jurist became the first trial judge in the nation to rule a state defense of marriage act unconstitutional in Andersen v. King County; the King County Superior Cour
ruling
was narrowly overturned on appeal in 2006. The movement to obtain marriage rights for same-sex couples expanded steadily from that time until, in late 2014, lawsuits had been brought in every state that still denied marriage licenses to same-sex couples. By late 2014, same-sex marriage had become legal in states that contained more than 70% of the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
population. In some jurisdictions, legalization came through the action of state courts or the enactment of state legislation. More frequently, it came as the result of the decisions of federal courts. On November 6, 2012,
Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...
,
Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
, and Washington became the first states to legalize same-sex marriage through popular vote. Same-sex marriage had been legalized in the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
and 21 Native American tribal nations as well. The June 2013 decision of the U.S. Supreme Court in ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a List of landmark court decisions in the United States, landmark United States Supreme Court civil rights case concerning same-sex marriage in the United States, same-sex marriage. The Cou ...
'' striking down the law barring federal recognition of same-sex marriage gave significant impetus to the progress of lawsuits that challenged state bans on same-sex marriage in federal court. Since that decision, with only a few exceptions, U.S. District Courts and Courts of Appeals have found state bans on same-sex marriage unconstitutional, as have several state courts. The exceptions have been a state court in Tennessee, U.S. district courts in Louisiana and Puerto Rico, and the U.S. Court of Appeals for the Sixth Circuit. The U.S. Supreme Court agreed to hear appeals from that circuit's decision. On June 26, 2015, the U.S. Supreme Court struck down all state bans on same-sex marriage, legalized it in all fifty states, and required states to honor out-of-state same-sex marriage licenses in the case '' Obergefell v. Hodges''. The United States was the seventeenth country in the world and the second in
North America North America is a continent in the Northern Hemisphere, Northern and Western Hemisphere, Western hemispheres. North America is bordered to the north by the Arctic Ocean, to the east by the Atlantic Ocean, to the southeast by South Ameri ...
after
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, to allow same-sex couples to marry nationwide.


Legal issues

The legal issues surrounding
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
in the United States are determined by the nation's federal system of government, in which the status of a person, including marital status, is determined in large measure by the individual states. Prior to 1996, the
federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
did not define marriage; any marriage recognized by a
state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
was recognized, even if that marriage was not recognized by one or more states, as was the case until 1967 with
interracial marriage Interracial marriage is a marriage involving spouses who belong to different "Race (classification of human beings), races" or Ethnic group#Ethnicity and race, racialized ethnicities. In the past, such marriages were outlawed in the United Sta ...
, which some states banned by statute. Prior to 2004,
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
was not performed or recognized in any U.S. jurisdiction, but subsequently began to be performed and recognized by law in different jurisdictions through legislation, court rulings, tribal council rulings, and popular referendums. The Supreme Court's ruling in '' Obergefell v. Hodges'' ended all inter-state legal complications surrounding same-sex marriage, as it orders states to both perform the marriages of same-sex couples and to recognize the marriages of same-sex couples performed in other states.


Federal law

According to the
Government Accountability Office The United States Government Accountability Office (GAO) is an independent, nonpartisan government agency within the legislative branch that provides auditing, evaluative, and investigative services for the United States Congress. It is the s ...
(GAO) in 2004, 1,138 federal rights and protections are conferred to U.S. citizens upon marriage; areas affected include
Social Security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
benefits, veterans' benefits, health insurance,
Medicaid Medicaid is a government program in the United States that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by U.S. state, state governments, which also h ...
, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law. Since July 9, 2015, married same-sex couples throughout the United States have had equal access to all the federal benefits that married opposite-sex couples have. The ''
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. It banned federal recognition of same-sex marriage by limitin ...
'' (DOMA) was enacted in 1996. DOMA's Section 2 says that no state needs to recognize the legal validity of a same-sex relationship even if recognized as marriage by another state. It purports to relieve a state of its reciprocal obligation to honor the laws of other states as required by the Constitution's
Full Faith and Credit Clause Article IV, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duty that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state". Accor ...
. Even before DOMA, however, states sometimes refused to recognize a marriage from another jurisdiction if it was counter to its "strongly held public policies". Most lawsuits that sought to require a state to recognize a marriage established in another jurisdiction argue on the basis of
equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
and
due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
, not the Full Faith and Credit Clause. DOMA's Section 3 defined marriage for the purposes of federal law as a union of one man and one woman. It was challenged in the federal courts. On July 8, 2010, Judge Joseph Tauro of the District Court of Massachusetts held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples is unconstitutional under the
Equal Protection Clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
of the U.S. Constitution. Beginning in 2010, eight federal courts found DOMA Section 3 unconstitutional in cases involving bankruptcy, public employee benefits, estate taxes, and immigration. On October 18, 2012, the Second Circuit Court of Appeals became the first court to hold sexual orientation to be a quasi-suspect classification and applied
intermediate scrutiny Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order ...
to strike down Section 3 of DOMA as unconstitutional in '' Windsor v. United States''. The U.S. Supreme Court ruled in ''Windsor'' on June 26, 2013, that Section 3 violated the Fifth Amendment. As a result of the ''Windsor'' decision, married same-sex couples—regardless of domicile—have federal tax benefits (including the ability to file joint federal income tax returns), military benefits, federal employment benefits, and immigration benefits. In February 2014, the Justice Department expanded federal recognition of same-sex marriages to include bankruptcies, prison visits, survivor benefits and refusing to testify against a spouse. Likewise in June 2014, family medical leave benefits under the ''Family Medical Leave Act 1975'' were extended to married same-sex couples. With respect to
social security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
and veterans benefits, same-sex married couples are eligible for full benefits from the Veterans Affairs (VA) and the
Social Security Administration The United States Social Security Administration (SSA) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, U.S. federal government that administers Social Security (United ...
(SSA). Prior to the Supreme Court's ruling in '' Obergefell v. Hodges'' on June 26, 2015, the VA and SSA could provide only limited benefits to married same-sex couples living in states where same-sex marriage was not legal. Effective March 27, 2015, the definition of spouse under the ''
Family and Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill ...
'' includes employees in a same-sex marriage regardless of state of residence. Following the ''Obergefell'' decision, the Justice Department extended all federal marriage benefits to married same-sex couples nationwide. The
federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
recognizes the marriages of same-sex couples who married in certain states in which same-sex marriage was legal for brief periods between the time a court order allowed such couples to marry and that court order was stayed, including
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
. It also recognized marriages performed in
Utah Utah is a landlocked state in the Mountain states, Mountain West subregion of the Western United States. It is one of the Four Corners states, sharing a border with Arizona, Colorado, and New Mexico. It also borders Wyoming to the northea ...
from December 20, 2013, to January 6, 2014, even while the state didn't. Under similar circumstances, it never took a position on
Indiana Indiana ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Michigan to the northwest, Michigan to the north and northeast, Ohio to the east, the Ohio River and Kentucky to the s ...
or
Wisconsin Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...
's marriages performed in brief periods, though it did recognize them once the respective states announced they would do so. It had not taken a position with respect to similar marriages in
Arkansas Arkansas ( ) is a landlocked state in the West South Central region of the Southern United States. It borders Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, Texas to the southwest, and Oklahoma ...
prior to the ''Obergefell'' decision legalizing and recognizing same-sex marriages in all fifty states. The State Marriage Defense Act was proposed in Congress to force the federal government to follow individual state laws regarding same-sex marriage although it never passed either chamber. Opponents of same-sex marriage have worked to prevent individual states from recognizing same-sex unions by attempting to amend the United States Constitution to restrict marriage to heterosexual unions. In 2006, the ''
Federal Marriage Amendment The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed Article Five of the United States Constitution, amendment to the United States Constitution that would legally define marria ...
'', which would have prohibited states from recognizing same-sex marriages, was approved by the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
on a party-line vote and was debated by the full
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, but was ultimately defeated in both houses of Congress. On April 2, 2014, the
Alabama House of Representatives The Alabama House of Representatives is the lower house of the Alabama Legislature, the state legislature (United States), state legislature of state of Alabama. The House is composed of 105 members representing an equal number of districts, with ...
adopted a resolution calling for a constitutional convention to propose an amendment to ban same-sex marriage nationwide. In 2022, Justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. Afte ...
named ''Obergefell v. Hodges'' as a case that should be revisited in his concurrence of ''
Dobbs v. Jackson Women's Health Organization ''Dobbs v. Jackson Women's Health Organization'', 597 U.S. 215 (2022), is a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court in which the court held ...
'', which had overturned '' Roe v. Wade'' and '' Planned Parenthood v. Casey'' on the basis that abortion protection was not a "deeply rooted" right in the Constitution. To prevent the loss of the right to same-sex marriage, the House of Representatives passed the
Respect for Marriage Act The Respect for Marriage Act (RFMA; ) is a landmark United States federal law passed by the 117th United States Congress in 2022 and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal ...
which would nullify DOMA and protect existing same-sex and interracial marriage licenses. In July, the bill passed 267–157, with 47 Republican representatives joining the Democrats. In December, the Senate passed the bill 61–36, and the House again voted 258–169 to pass it. President
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
signed it into law on December 13, 2022.


State and territorial recognition

Same-sex marriages are licensed in and recognized by all U.S. states and the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
, as well as all U.S. territories except
American Samoa American Samoa is an Territories of the United States, unincorporated and unorganized territory of the United States located in the Polynesia region of the Pacific Ocean, South Pacific Ocean. Centered on , it is southeast of the island count ...
. However, under the
Respect for Marriage Act The Respect for Marriage Act (RFMA; ) is a landmark United States federal law passed by the 117th United States Congress in 2022 and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal ...
, American Samoa must recognize all marriages between two people that were legally performed in another jurisdiction. On January 6, 2016, Alabama's Chief Justice, Roy Moore, issued a ruling forbidding state officials from issuing marriage licenses to same-sex couples. The ruling had no effect as all Alabama counties continued either issuing marriage licenses to all couples or not issuing licenses at all. In May 2016, Moore was charged with ethics violations by the state Judicial Inquiry Commission for the ruling, subsequently being suspended from the bench for the remainder of his term on September 30 of that year.


Counties not issuing marriage licenses

As of 2020, there are apparently no counties in the United States that do not (or would not) register the marriages of same-sex couple. * Officials of one
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
county, Irion, issued marriage licenses, but claimed they would refuse same-sex couples. Starting in 2017, they refused to comment on what they would do if a same-sex couple were to apply for license. However, as of March 2020, the Irion County clerk stated she would issue marriage licenses to same-sex couples and the form available on the office's website was not gender specific and stated no restrictions as to the genders of the applicants. * Officials in several
Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
counties initially stopped issuing any marriage licenses rather than issue them to same-sex couples. By 2017, the number of counties doing this to avoid issuing them to same-sex couples dropped to eight. This was in accordance with a state law, which was passed in 1961 to preserve racial segregation by making it optional for county clerks to issue marriage licenses. The
Alabama Legislature The Alabama Legislature is the legislative branch of the government of the U.S. state of Alabama. It is a bicameral body composed of the House of Representatives and Senate. It is one of the few state legislatures in which members of both cham ...
passed a bill replacing marriage licenses with marriage certificates in May 2019. These final eight counties resumed allowing couples to marry on August 29, 2019. * Several
Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...
counties initially refused to marry same-sex couples. In response, Kentucky reformed its marriage license forms and removed the name of the county clerk from the licenses. As of June 2016, Chris Hartmann, director of the Kentucky-based Fairness Campaign, said that to his knowledge "there are no counties where marriage licenses are being denied" in his state.


Parental rights

Post-''Obergefell'', six states have, on occasion, attempted to deny same-sex couples full adoption rights to varying degrees. In
Arkansas Arkansas ( ) is a landlocked state in the West South Central region of the Southern United States. It borders Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, Texas to the southwest, and Oklahoma ...
,
Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...
,
Indiana Indiana ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Michigan to the northwest, Michigan to the north and northeast, Ohio to the east, the Ohio River and Kentucky to the s ...
, and
Wisconsin Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...
, same-sex couples have been met with rejection when trying to get both parents' names listed on the birth certificate. In '' V.L. v. E.L.'', Alabama's highest court attempted to void an adoption decree obtained by a same-sex couple in Georgia, but the U.S. Supreme Court reversed, restoring joint custody to the adoptive mother on March 7, 2016.
Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...
had once banned same-sex couples from adopting, but the law requiring this was ruled unconstitutional by the United States District Court for the Southern District of Mississippi on March 31, 2016. With that ruling, adoption by same-sex couples became legal in all fifty states. On June 26, 2017, the Supreme Court ruled by a 6–3 vote in the case of '' Pavan v. Smith'' that under their decision in ''Obergefell'', same-sex couples must be treated equally to opposite-sex couples in the issuance of birth certificates. In December 2016, the Supreme Court of Arkansas upheld a state law only allowing opposite-sex couples to be automatically listed as parents on their children's birth certificates, while prohibiting same-sex couples from being allowed the same on an equal basis. The Supreme Court summarily reversed the Arkansas Supreme Court, finding that the disparity in treatment violated their decision in ''Obergefell''.


Tribal law

The Supreme Court decision legalizing same-sex marriage in the states and territories did not legalize same-sex marriage in Native American tribal nations. In the United States, Congress (not the federal courts) has legal authority over Native reservations. Thus, unless Congress passes a law regarding same-sex marriage on such reservations, federally recognized Native American tribes have the legal right to form their own marriage laws. As of the time of the ''Obergefell'' ruling, 25 tribal nations legally recognized same-sex marriage. Some tribes have passed legislation specifically addressing same-sex relationships and some specify that state law and jurisdiction govern tribal marriages. As of April 2022, same-sex marriage is legally recognized in at least 47 tribal nations.


Local laws prior to ''Obergefell v. Hodges''

Prior to ''Obergefell'',
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
was legal to at least some degree in thirty-eight states, one territory (
Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...
) and the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
; of the states,
Missouri Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it border ...
,
Kansas Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...
, and
Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
had restrictions. Until ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a List of landmark court decisions in the United States, landmark United States Supreme Court civil rights case concerning same-sex marriage in the United States, same-sex marriage. The Cou ...
'', it was only legal in 12 states and the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
. Beginning in July 2013, over forty federal and state courts cited ''Windsor'' to strike down state bans on the licensing or recognition of same-sex marriage.
Missouri Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it border ...
recognized same-sex marriages from out of state and same-sex marriages licensed by the City of St. Louis under two separate state court orders; two other jurisdictions issued such licenses as well. In
Kansas Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...
, marriage licenses were available to same-sex couples in most counties, but the state did not recognize their validity. Some counties in
Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
issued marriage licenses to same-sex couples for three weeks until the
state Supreme Court In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in ...
ordered probate judges to stop doing so. That court's ruling did not address the recognition of same-sex marriages already licensed in Alabama, but referred to them as "purported 'marriage licenses. In two additional states, same-sex marriages were previously legal between the time their bans were struck down and then stayed.
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
recognized the validity of more than 300 marriage licenses issued to same-sex couples and those marriages.
Arkansas Arkansas ( ) is a landlocked state in the West South Central region of the Southern United States. It borders Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, Texas to the southwest, and Oklahoma ...
recognized the more than 500 marriage licenses issued to same-sex couples there, and the
Federal Government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
had not taken a position on Arkansas's marriage licenses. ''Note: This table shows only states that licensed and recognized same-sex marriages or had legalized them, before Obergefell v. Hodges. It does not include states that recognized same-sex marriages from other jurisdictions but did not license them.''


Debate


Support

In the United States and Canada, professional organizations including the
American Anthropological Association The American Anthropological Association (AAA) is an American organization of scholars and practitioners in the field of anthropology. With 10,000 members, the association, based in Arlington, Virginia, includes archaeologists, cultural anthropo ...
, the American Counseling Association, the
American Academy of Pediatrics The American Academy of Pediatrics (AAP) is the largest professional association of pediatricians in the United States. It is headquartered in Itasca, Illinois, and maintains an office in Washington, D.C. The AAP has published hundreds of poli ...
, the
American Medical Association The American Medical Association (AMA) is an American professional association and lobbying group of physicians and medical students. This medical association was founded in 1847 and is headquartered in Chicago, Illinois. Membership was 271,660 ...
, the American Academy of Nursing, the
American Psychological Association The American Psychological Association (APA) is the main professional organization of psychologists in the United States, and the largest psychological association in the world. It has over 170,000 members, including scientists, educators, clin ...
, the
American Psychiatric Association The American Psychiatric Association (APA) is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the largest psychiatric organization in the world. It has more than 39,200 members who are in ...
, the Canadian Psychological Association, the
American Sociological Association The American Sociological Association (ASA) is a non-profit organization dedicated to advancing the discipline and profession of sociology. Founded in December 1905 as the American Sociological Society at Johns Hopkins University by a group of fi ...
, the National Association of Social Workers, the American Psychoanalytic Association, the American Association for Marriage and Family Therapy, and the
American Academy of Family Physicians The American Academy of Family Physicians (AAFP) was founded in 1947 to promote and maintain high-quality standards for family medicine, an offshoot of the classical general practitioner. It is headquartered in Leawood, Kansas. AAFP is one of ...
have stated that the scientific evidence supports the following conclusions: homosexuality is a natural and normal human sexuality, sexual orientation is not a choice, gay people form stable and committed relationships that are essentially equivalent to the relationships of heterosexuals, same-sex parents are no less capable than opposite-sex parents to raise children, no civilization or viable social order depends on restricting marriage to heterosexuals, and the children of same-sex couples fare just as well or even better than the children of opposite-sex couples. Prominent figures in the civil rights movement have expressed their support for same-sex marriage. In 2004, Coretta Scott King, a leader of the civil rights movement and the widow of
Martin Luther King Jr. Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister, civil and political rights, civil rights activist and political philosopher who was a leader of the civil rights move ...
, expressed her support for same-sex marriage and publicly denounced attempts to define marriage as the "union of a man and a woman" as a form of "gay bashing". In 2007, Mildred Loving, the joint plaintiff alongside her husband Richard Loving in the
landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern-day use, the term can also be applied to smaller structures ...
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
case of '' Loving v. Virginia'' in 1967, in which the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
struck down all state bans on inter-racial marriage, issued a statement on the 40th anniversary of the ruling in which she expressed her support for same-sex marriage and described it as a civil right akin to inter-racial marriage, stating that "I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry". In 2009,
Julian Bond Horace Julian Bond (January 14, 1940 – August 15, 2015) was an American social activist, leader of the civil rights movement, politician, professor, and writer. While he was a student at Morehouse College in Atlanta, Georgia, during the ea ...
, a leader of the civil rights movement and a chairman of the
NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...
, expressed his support for same-sex marriage and stated that "gay rights are civil rights". In 2015,
John Lewis John Robert Lewis (February 21, 1940 – July 17, 2020) was an American civil rights activist and politician who served in the United States House of Representatives for from 1987 until his death in 2020. He participated in the 1960 Nashville ...
, a leader of the civil rights movement and a chairman of the SNCC, welcomed the outcome of the
landmark A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances. In modern-day use, the term can also be applied to smaller structures ...
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
case of '' Obergefell v. Hodges'' in which the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
struck down all state bans on same-sex marriage, stating that "races don't fall in love, genders don't fall in love—people fall in love". The
NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...
, the leading African-American civil rights organization, has pledged its support for gay rights and same-sex marriage, stating that they "support marriage equality consistent with equal protection under the law provided under the Fourteenth Amendment of the United States Constitution", and has declared that same-sex marriage is a civil right. The Human Rights Campaign, the largest LGBTQ rights organization in the United States, states that "many same-sex couples want the right to legally marry because they are in love — many, in fact, have spent the last 10, 20 or 50 years with that person — and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings." Journalist Gail Mathabane likens prohibitions on same-sex marriage to past prohibitions on interracial marriage in the United States. Author Fernando Espuelas argues that same-sex marriage should be allowed because it recognizes the civil right of a minority. Historian Nancy Cott rejects alternatives to same-sex marriage (such as
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...
s), reasoning that "there really is no comparison, because there is nothing that is like marriage except marriage."


Role of social media

Supporters of same-sex marriage successfully utilized
social media Social media are interactive technologies that facilitate the Content creation, creation, information exchange, sharing and news aggregator, aggregation of Content (media), content (such as ideas, interests, and other forms of expression) amongs ...
websites such as
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
to help achieve their aims. Some have argued that the successful use of social media by LGBTQ rights organizations played a key role in the defeat of religion-based opposition. One of the largest scale uses of social media to mobilize support for same-sex marriage preceded and coincided with the arrival at the U.S. Supreme Court of high-profile legal cases for Proposition 8 and DOMA in March 2013. The "red equal sign" project started by the Human Rights Campaign was an electronic campaign primarily based on Facebook that encouraged users to change their profile images to a red equal sign to express support for same-sex marriage. At the time of the court hearings, an estimated 2.5 million Facebook users changed their profile images to a red equal sign.


Opposition

Opposition to same-sex marriage is based on claims such as the beliefs that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. While some researchers question the definitiveness of the evidence, others assert that science has shown that homosexuality is a natural and normal human sexuality, that sexual orientation cannot be chosen, and that the children of same-sex couples fare just as well as children of opposite sex couples. Others argue that the word "marriage" has always had a very specific meaning, ''i.e.'' the union of a man and a woman. By this argument, calling same-sex unions "marriages" is not a question of law but an example of
Newspeak In the dystopian novel '' Nineteen Eighty-Four'' (also published as ''1984''), by George Orwell, Newspeak is the fictional language of Oceania, a totalitarian superstate. To meet the ideological requirements of Ingsoc (English Socialism) in O ...
: same-sex unions are an inherently different entity than a marriage, and that entity has only gained legitimacy through
Orwellian ''Orwellian'' is an adjective which is used to describe a situation, an idea, or a societal condition that 20th-century author George Orwell identified as being destructive to the welfare of a free and open society. It denotes an attitude and ...
brainwashing Brainwashing is the controversial idea that the human mind can be altered or controlled against a person's will by manipulative psychological techniques. Brainwashing is said to reduce its subject's ability to think critically or independently ...
. Critics of this position counter that historical changes in marriage traditions negate any fixed definition, so the word "marriage" can be infinitely redefined according to the needs of the culture. Some of the opponents of same-sex marriage are religious groups such as the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
and the
Southern Baptist Convention The Southern Baptist Convention (SBC), alternatively the Great Commission Baptists (GCB), is a Christian denomination based in the United States. It is the world's largest Baptist organization, the largest Protestant, and the second-largest Chr ...
which desire for marriage to remain restricted to opposite-sex marriages. However, there are faith-based supporters of same-sex marriage, and homosexual people of faith, within every faith group.
The Church of Jesus Christ of Latter-day Saints The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a Nontrinitarianism, nontrinitarian Restorationism, restorationist Christianity, Christian Christian denomination, denomination and the ...
opposed the legalization of same-sex marriage but in 2022, endorsed a federal bill requiring states and territories to honor same-sex marriages solemnized in other states (though it reiterated that church doctrine would not change). Political donations in opposition of same-sex marriage have been an issue of great dispute. Both judges and the IRS have ruled that it is either questionable or illegal for campaign contributions to be shielded by anonymity.


Politicians and media figures

President Barack Obama's views on same-sex marriage varied over the course of his political career and became more consistently supportive of it over time. In the 1990s, he had supported same-sex marriage while campaigning for the
Illinois Senate The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the State of Illinois in the United States. The body was created by the first state constitution adopted in 1818. Under the ...
. During the 2008 presidential campaign, he was opposed to same-sex marriage, but he also opposed the 2008 California referendum that aimed at reversing a court ruling establishing same-sex marriage there. In 2009, he opposed two opposing federal legislative proposals that would have banned or established same-sex marriage nationally, stating that each state had to decide the issue. In December 2010, he expressed support for
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...
s with rights equivalent to marriage and for federal recognition of same-sex relationships. He opposed a federal constitutional amendment to ban same-sex marriage. He also stated that his position on same-sex marriage was "evolving" and that he recognized that civil unions from the perspective of same-sex couples was "not enough". On May 9, 2012, President Obama became the first sitting president to support same-sex marriage. He still said the legal question belonged to the states. In October 2014, Obama told an interviewer that his view had changed: Shortly after winning the 2016 election, President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
said he's "fine" with same-sex marriage and believes it to be settled law: "It's law. It was settled in the Supreme Court. I mean, it's done." This somewhat contrasted with a previous statement he made in June 2015, after ''Obergefell v. Hodges'', in which he said he's personally for "traditional marriage" and that he believed same-sex marriage should be left to the states. In that same statement, however, Trump admitted that overturning ''Obergefell'' is not realistic. Several of his federal appointments have also, subsequently, announced they will uphold same-sex marriage and enforce the Supreme Court ruling, while still being personally against same-sex marriage, namely Attorney General Jeff Sessions and Secretary of Education
Betsy DeVos Elisabeth Dee DeVos ( ; ' Prince; born January 8, 1958) is an American politician, philanthropist, and former government official who served as the 11th United States Secretary of Education, United States secretary of education from 2017 to 2021 ...
. Former presidents
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
,
Jimmy Carter James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...
, and Barack Obama, former vice presidents
Dick Cheney Richard Bruce Cheney ( ; born January 30, 1941) is an American former politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He has been called vice presidency o ...
,
Al Gore Albert Arnold Gore Jr. (born March 31, 1948) is an American former politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. He previously served as ...
,
Walter Mondale Walter Frederick "Fritz" Mondale (January 5, 1928April 19, 2021) was the 42nd vice president of the United States serving from 1977 to 1981 under President Jimmy Carter. He previously served as a U.S. senator from Minnesota from 1964 to 1976. ...
, and
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
have voiced their support for same-sex marriage, as have former first ladies
Laura Bush Laura Lane Welch Bush (née Welch; born November 4, 1946) is an American educator who was the first lady of the United States from 2001 to 2009 as the wife of George W. Bush, the 43rd president of the United States. Bush was previously the fir ...
,
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, lawyer and diplomat. She was the 67th United States secretary of state in the administration of Barack Obama from 2009 to 2013, a U.S. senator represent ...
,
Michelle Obama Michelle LaVaughn Robinson Obama ( Robinson; born January 17, 1964) is an American attorney and author who served as the first lady of the United States from 2009 to 2017, being married to Barack Obama, the 44th president of the United Stat ...
, and
Nancy Reagan Nancy Davis Reagan (; born Anne Frances Robbins; July 6, 1921 – March 6, 2016) was an American film actress who was the first lady of the United States from 1981 to 1989, as the second wife of President Ronald Reagan. Reagan was born in ...
. Former President
George H. W. Bush George Herbert Walker BushBefore the outcome of the 2000 United States presidential election, he was usually referred to simply as "George Bush" but became more commonly known as "George H. W. Bush", "Bush Senior," "Bush 41," and even "Bush th ...
and his wife former First Lady Barbara Bush served as witnesses to a same-sex wedding, but neither publicly affirmed support for same-sex marriage in general;
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
reportedly offered to officiate the same wedding, but has similarly not made a public statement regarding his position on the issue (as president, he was opposed). Fifteen U.S. senators announced their support in the spring of 2013. By April 2013, a majority of the Senate had expressed support for same-sex marriage. Senator
Rob Portman Robert Jones Portman (born December 19, 1955) is an American attorney and politician who served as a United States senator from Ohio from 2011 to 2023. A member of the Republican Party, Portman was the 35th director of the Office of Management ...
of Ohio became the first sitting Republican senator to endorse same-sex marriage in March 2013, followed by Senator Mark Kirk of Illinois in April, Senator
Lisa Murkowski Lisa Ann Murkowski ( ; born May 22, 1957) is an American attorney and politician serving as the Seniority in the United States Senate, senior United States senator from the state of Alaska, having held the seat since 2002. She is the first woman ...
of Alaska in June, and Senator
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of ...
of Maine a year later. Politicians who have notably opposed same-sex marriage have included
Rick Santorum Richard John Santorum Sr. ( ; born May 10, 1958) is an American politician, attorney, author, and political commentator who represented Pennsylvania in the United States Senate from 1995 to 2007. He was the Senate's Chairman of the United Sta ...
,
Mike Huckabee Michael Dale Huckabee (, born August 24, 1955) is an American diplomat, political commentator, Baptist minister, and politician serving as the 29th United States Ambassador to Israel, United States ambassador to Israel since 2025. A member of ...
, and
Sarah Palin Sarah Louise Palin (; Heath; born February 11, 1964) is an American politician, commentator, and author who served as the ninth governor of Alaska from 2006 until her resignation in 2009. She was the 2008 Republican vice presidential nomi ...
. Prominent politicians who have shifted from opposing to supporting same-sex marriage include Republican Senator
Rob Portman Robert Jones Portman (born December 19, 1955) is an American attorney and politician who served as a United States senator from Ohio from 2011 to 2023. A member of the Republican Party, Portman was the 35th director of the Office of Management ...
, and Republican Representative Bob Barr (the author of the 1996 ''
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. It banned federal recognition of same-sex marriage by limitin ...
''). In an interview on '' The O'Reilly Factor'' in August 2010, when Glenn Beck was asked if he "believe(s) that gay marriage is a threat to hiscountry in any way", he stated, "No I don't. ... I believe that
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
said: 'If it neither breaks my leg nor picks my pocket what difference is it to me?


Studies

The overall effects of legal access to same-sex marriage have been summarized by Badgett and co-authors. The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On the health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples in the US, and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities.


Adolescent attempted suicide

The establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among teenagers, with the effect being concentrated among teens of a minority sexual orientation. A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among all students in grades 9–12 declined by 7% and the rate of attempted suicide among those of a minority sexual orientation in grades 9–12 declined by 14% in states which established same-sex marriage, resulting in approximately 134,000 fewer teens attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (expanding from one state in 2004 to all fifty states in 2015) to compare the rate of attempted suicide among teens in each state over the time period studied. Once same-sex marriage was established in a particular state, the reduction in the rate of attempted suicide among teens in that state became permanent. No reduction in the rate of attempted suicide among teens occurred in a particular state until that state recognized same-sex marriage. The lead researcher of the study observed that "laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future".


Economic impact on same-sex couples

Until the Supreme Court's June 2013 ruling in ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a List of landmark court decisions in the United States, landmark United States Supreme Court civil rights case concerning same-sex marriage in the United States, same-sex marriage. The Cou ...
'' required the
Federal Government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
to treat lawfully married same-sex couples on an equal basis with lawfully married opposite-sex couples, same-sex married couples faced severe disadvantages. The Federal Government did not recognize those marriages for any purpose. According to a 1997 General Accounting Office study, at least 1,049 U.S. federal laws and regulations include references to marital status. A 2004 study by the
Congressional Budget Office The Congressional Budget Office (CBO) is a List of United States federal agencies, federal agency within the United States Congress, legislative branch of the United States government that provides budget and economic information to Congress. I ...
found 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges. Many of these laws govern property rights, benefits, and taxation. Same-sex couples whose marriages were not recognized by the Federal Government were ineligible for spousal and survivor
Social Security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
benefits and were ineligible for the benefits of the spouse of a federal government employee. One study found that the difference in Social Security income for same-sex couples compared to opposite-sex married couples was US$5,588 per year. Compared to similarly situated opposite-sex married couples, same-sex couples faced the following financial and legal disadvantages: * Legal costs associated with obtaining domestic partner documents to gain legal abilities granted automatically by legal marriage, including power of attorney, health care decision-making, and inheritance * A person can inherit an unlimited amount from a deceased spouse without incurring an estate tax, but was subject to taxes if inheriting from a same-sex partner * Same-sex couples were not eligible to file jointly as a married couple and thus could not take the advantages of lower tax rates when the individual income of the partners differs significantly * Employer-provided health insurance coverage for a same-sex partner incurred federal income tax * Higher health costs associated with lack of insurance and preventive care: 20% of same-sex couples had a member who was uninsured compared to 10% of married opposite-sex couples * Inability to protect jointly owned home from loss due to costs of potential medical catastrophe * Inability of a U.S. citizen to sponsor a same-sex spouse for citizenship Some 7,400 companies were offering spousal benefits to same-sex couples as of 2008. In states that recognized same-sex marriages, same-sex couples could continue to receive those same benefits only if they married. Only 18% of private employers offered domestic partner health care benefits. Same-sex couples face the same financial constraints of legal marriage as opposite-sex married couples, including the marriage penalty in taxation. While social service providers usually do not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance. A 2019 study found an increase in employment among same-sex couples after the legalization of same-sex marriage. The author of the study provided additional evidence suggesting that this change in employment was driven by a decline in discrimination.


Economic impact on the state and federal governments

The 2004
Congressional Budget Office The Congressional Budget Office (CBO) is a List of United States federal agencies, federal agency within the United States Congress, legislative branch of the United States government that provides budget and economic information to Congress. I ...
study, working from an assumption "that about 0.6 percent of adults would enter into same-sex marriages if they had the opportunity" (an assumption in which they admitted "significant uncertainty") estimated that legalizing same-sex marriage throughout the United States "would improve the budget's bottom line to a small extent: by less than $1 billion in each of the next 10 years". This result reflects an increase in net government revenues (increased income taxes due to marriage penalties more than offsetting decreased tax revenues arising from postponed estate taxes). Marriage recognition would increase the government expenses for
Social Security Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance ...
and Federal Employee Health Benefits but that increase would be more than made up for by decreased expenses for
Medicaid Medicaid is a government program in the United States that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by U.S. state, state governments, which also h ...
, Medicare, and
Supplemental Security Income Supplemental Security Income (SSI) is a means-tested program that provides cash payments to disabled children, disabled adults, and individuals aged 65 or older who are citizens or nationals of the United States. SSI was created by the Social S ...
. According to a study published in May 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, the legalization of same-sex marriage boosted state and local economies by an estimated 3.8 billion dollars. The Williams Institute estimated that the 300,000 same-sex couples who married in the U.S. since 2015 generated about $3.2 billion for local and state economies. In addition, traveling wedding guests spent an additional $544 million, and about 45,000 jobs were supported by same-sex weddings. $244 million was generated in state and local taxes.


Mental health

Based in part on research that has been conducted on the adverse effects of stigmatization of gays and lesbians, numerous prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the
American Psychological Association The American Psychological Association (APA) is the main professional organization of psychologists in the United States, and the largest psychological association in the world. It has over 170,000 members, including scientists, educators, clin ...
. Several psychological studies have shown that an increase in exposure to negative conversations, media messages, and negative reactions among peers about same-sex marriage creates a harmful environment for LGBTQ people that may affect their health and well-being, especially among its younger members. One study surveyed more than 1,500 lesbian, gay and bisexual adults across the nation and found that respondents from the 25 states that have outlawed same-sex marriage had the highest reports of " minority stress"—the chronic
social stress Social stress is stress that stems from one's relationships with others and from the social environment in general. Based on the appraisal theory of emotion, stress arises when a person evaluates a situation as personally relevant and perceives ...
that results from minority-group stigmatization—as well as general psychological distress. According to the study, the negative campaigning that comes with a ban is directly responsible for the increased stress. Past research has shown that minority stress is linked to health risks such as risky sexual behavior and substance abuse. Two other studies examined personal reports from LGBTQ adults and their families living in
Memphis, Tennessee Memphis is a city in Shelby County, Tennessee, United States, and its county seat. Situated along the Mississippi River, it had a population of 633,104 at the 2020 United States census, 2020 census, making it the List of municipalities in Tenne ...
, immediately after a successful 2006 ballot campaign banned same-sex marriage. Most respondents reported feeling alienated from their communities. The studies also found that families experienced a kind of secondary minority stress, says Jennifer Arm, a counseling graduate student at the
University of Memphis The University of Memphis (Memphis) is a public university, public research university in Memphis, Tennessee, United States. Founded in 1912, the university has an enrollment of more than 20,000 students. The university maintains the Herff Col ...
. At the '' Perry v. Schwarzenegger'' trial, expert witness Ilan Meyer testified that the mental health outcomes for gays and lesbians would improve if laws such as Proposition 8 did not exist because "when people are exposed to more stress...they are more likely to get sick..." and that particular situation is consistent with laws that say to gay people "you are not welcome here, your relationships are not valued." Such laws have "significant power", he said.


Physical health

In 2009, a pair of economists at
Emory University Emory University is a private university, private research university in Atlanta, Georgia, United States. It was founded in 1836 as Emory College by the Methodist Episcopal Church and named in honor of Methodist bishop John Emory. Its main campu ...
tied the passage of state bans on same-sex marriage in the US to an increase in the rates of
HIV/AIDS The HIV, human immunodeficiency virus (HIV) is a retrovirus that attacks the immune system. Without treatment, it can lead to a spectrum of conditions including acquired immunodeficiency syndrome (AIDS). It is a Preventive healthcare, pr ...
infection. The study linked the passage of same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population. A study by the Columbia Mailman School of Public Health found that gay men in Massachusetts visited health clinics significantly less often following the legalization of same-sex marriage in that state.


In popular culture

The Fox sitcom '' Roc'' was the first sitcom to feature a same-sex marriage in 1991. Since then, several shows and series have featured same-sex marriages, including amongst others '' Married...with Children'', ''
Roseanne ''Roseanne'' is an American television sitcom created by Matt Williams (producer), Matt Williams that originally aired on American Broadcasting Company, ABC from October 18, 1988, to May 20, 1997, and briefly revived from March 27, 2018, to May ...
'' (" December Bride"), ''
Glee Glee may refer to: * Glee (music), a type of English choral music * ''Glee'' (TV series), an American musical comedy-drama TV series, and related media created by Ryan Murphy * ''Glee'' (Bran Van 3000 album) * ''Glee'' (Logan Lynn album) * Gle ...
'', ''
Friends ''Friends'' is an American television sitcom created by David Crane (producer), David Crane and Marta Kauffman, which aired on NBC from September 22, 1994, to May 6, 2004, lasting List of Friends episodes, ten seasons. With an ensemble cast ...
'' (" The One with the Lesbian Wedding"), ''
Brooklyn Nine-Nine ''Brooklyn Nine-Nine'' is an American police procedural sitcom television series that aired on Fox Broadcasting Company, Fox, and later on NBC, from September 17, 2013, to September 16, 2021, for eight seasons and 153 episodes. Created by Dan G ...
'', '' Modern Family'', ''
The Simpsons ''The Simpsons'' is an American animated sitcom created by Matt Groening and developed by Groening, James L. Brooks and Sam Simon for the Fox Broadcasting Company. It is a Satire (film and television), satirical depiction of American life ...
'' (" There's Something About Marrying"), ''
The Ellen DeGeneres Show ''The Ellen DeGeneres Show'' is an American first-run syndicated talk show that was hosted by Ellen DeGeneres. The show ran for nineteen seasons from September 8, 2003, to May 26, 2022, in which it broadcast 3,339 episodes. It was produced by ...
'', '' Brothers & Sisters'', ''
Grey's Anatomy ''Grey's Anatomy'' is an American medical drama television series focusing on the personal and professional lives of surgical internship (medicine), interns, residency (medicine), residents, and attending physician, attendings at the fictional ...
'', '' Will & Grace'', '' Conan'', ''
Steven Universe ''Steven Universe'' is an American animated television series created by Rebecca Sugar for Cartoon Network. It tells the coming-of-age story of a young boy, Steven Universe (character), Steven Universe (Zach Callison), who lives with the Crys ...
'', '' Shameless'', '' The Fosters'', etc. The 22nd season premier of the PBS animated-show ''
Arthur Arthur is a masculine given name of uncertain etymology. Its popularity derives from it being the name of the legendary hero King Arthur. A common spelling variant used in many Slavic, Romance, and Germanic languages is Artur. In Spanish and Ital ...
'' featured the marriage of teacher Mr. Ratburn and his male partner. Alabama's public television channel refused to air the episode.


Marriage statistics

There is no complete data on the number of same-sex marriages conducted in the United States. Marriages and divorces are recorded by states, counties, and territories, plus New York City and the District of Columbia, but not by the
Federal Government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
. States such as
Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
do not distinguish between opposite-sex and same-sex marriages in their official records. The legal records on marriage and divorce belong to the states. In August 2016, the Treasury Department estimated the number of same-sex marriages by linking the tax returns of same-sex couples who had filed jointly in 2014 with their Social Security records. (Although this method excluded couples who file singly, these are small in number; of all married couples who file taxes, 97.5% file jointly.) This research showed that in 2014 there were about 183,280 married same-sex couples in the country, or "roughly a third of 1 percent of all marriages" according to ''The New York Times''. Numbers from 2015 showed a large increase to 250,450 marriages. According to Census Bureau data, heterosexual marriages still accounted for about 98 percent of marriages for people under 35 in 2021. According to the 2015 statistics, female couples were four times more likely to have children than male couples. Additionally, male couples earned a pretax average of $165,960 per year, while lesbian couples earned $118,415 and straight couples earned $115,210. The highest rates of female same-sex marriage were found in
Oakland Oakland is a city in the East Bay region of the San Francisco Bay Area in the U.S. state of California. It is the county seat and most populous city in Alameda County, with a population of 440,646 in 2020. A major West Coast port, Oakland is ...
(2.1% of all marriages),
Seattle Seattle ( ) is the most populous city in the U.S. state of Washington and in the Pacific Northwest region of North America. With a population of 780,995 in 2024, it is the 18th-most populous city in the United States. The city is the cou ...
,
San Francisco San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
, Springfield (MA) and Portland (OR), whereas gay male marriages were most frequent in San Francisco (3.2%), Washington D.C.,
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
, Seattle and
Fort Lauderdale Fort Lauderdale ( ) is a coastal city located in the U.S. state of Florida, north of Miami along the Atlantic Ocean. It is the county seat of and most populous city in Broward County with a population of 182,760 at the 2020 census, making it ...
.The Most Detailed Map of Gay Marriage in America
''The New York Times''
The
United States Census Bureau The United States Census Bureau, officially the Bureau of the Census, is a principal agency of the Federal statistical system, U.S. federal statistical system, responsible for producing data about the American people and American economy, econ ...
has collected data on unmarried same-sex households since 2005. Since 2013 following ''United States v. Windsor'', the Bureau began recording married same-sex households in its ''Same-Sex Couples'' report. It recorded about 252,000 same-sex ''spouses'' in 2013; 335,000 in 2014; 425,000 in 2015; 487,000 in 2016; 555,000 in 2017; 593,000 in 2018. In 2018, the states of California, Texas and New York had the highest total number of same-sex households, whereas Wyoming, Vermont, South Dakota and Connecticut had the most married same-sex households in comparison to unmarried households (92.4% of Wyoming same-sex households were married, followed by Vermont at 79.3%, South Dakota at 77.8% and Connecticut at 70.7%). Nationally, 59.5% of cohabiting same-sex couples were married. In United States there were about 741,000 married same-sex couple households as of 2022. The
Population Reference Bureau The Population Reference Bureau (PRB) is a private, nonprofit organization specializing in collecting and supplying statistics necessary for research and/or academic purposes focused on the environment, and health and structure of populations. The ...
reported that by October 2015 approximately 486,000 same-sex marriages had taken place in the United States. It estimated that 45% of all same-sex couples in the country were married at that time. According to Gallup, the percent of cohabiting same-sex couples who are married rose from 38% in 2015 to 49% in 2016 and to 61% in 2017.


Case law

United States federal and state
case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
regarding same-sex marriage:


1970s

* ''Anonymous v. Anonymous'', 67 Misc.2d 982 (N.Y. 1971). The law makes no provision for a "marriage" between persons of the same sex. * '' Baker v. Nelson'', 191 N.W.2d 185 (Minn. 1971). Upholds a Minnesota law defining marriage as the union of a man and a woman. (Overruled by ''Obergefell v. Hodges'' in 2015; see below) * '' Jones v. Hallahan'', 501 S.W.2d 588 (Ky. 1973). Upholds the denial of a marriage license to two women in Kentucky based on dictionary definitions of marriage, despite the fact that state statutes do not specify the gender of marriage partners. * ''Frances B. v. Mark B.'', 78 Misc.2d 112 (1974). Marriage is and always has been a contract between a man and a woman. * '' Singer v. Hara'', 522 P.2d 1187 (Wash. Ct. App. 1974). The historical definition of marriage is between one man and one woman, and same-sex couples are inherently ineligible to marry. This ban does not constitute sex discrimination.


1980s

* '' Adams v. Howerton'', 673 F.2d 1036 (9th Cir. 1982), ''cert. denied'', 458 U.S. 1111. A same-sex marriage does not make one a "spouse" under the ''Immigration and Nationality Act''. * ''De Santo v. Barnsley'', 476 A.2d 952 (Pa. Super. Ct. 1984). Same-sex couples cannot divorce because they cannot form a common law marriage.


1990s

* ''In re Estate of Cooper'', 149 Misc.2d 282 (Sur. Ct. Kings Co. 1990). The state has a compelling interest in fostering the traditional institution of marriage and prohibiting same-sex marriage. * '' Baehr v. Lewin'', 852 P.2d 44 (Haw. 1993). A statute limiting marriage to opposite-sex couples violates the Hawaii Constitution's equal protection clause unless the state can show that the statute is both justified by compelling state interests and also narrowly tailored. This ruling prompted the adoption of Hawaii's
constitutional amendment A constitutional amendment (or constitutional alteration) is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly alt ...
allowing the State Legislature to restrict marriage to different-sex couples and the federal ''
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. It banned federal recognition of same-sex marriage by limitin ...
''. * '' Dean v. District of Columbia'', 653 A.2d 307 (D.C. 1995). DC does not authorise same-sex marriage; denial of a marriage license does not violate the
Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...
of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
. * ''Storrs v. Holcomb'', 645 N.Y.S.2d 286 (App. Div. 1996). New York does not recognize or authorize same-sex marriage. Overturned in part by ''Martinez v. County of Monroe'' in 2008. * ''In re Estate of Hall'', 707 N.E.2d 201, 206 (Ill. App. Ct. 1998). Illinois does not recognize a same-sex marriage. The petitioner's claim to be in a same-sex marriage was not in a marriage recognized by law. * '' Baker v. Vermont'', 170 Vt. 194; 744 A.2d 864 (Vt. 1999). The Common Benefits Clause of the Constitution of Vermont requires that same-sex couples be granted the same legal rights as married persons, though it need not be called ''marriage''.


2000s

* ''Frandsen v. County of Brevard'', 828 So. 2d 757 (Fla. 2001). The Florida Constitution will not be construed to recognize same-sex marriage; sex classifications not subject to strict scrutiny under the Constitution. * ''Burns v. Burns'', 560 S.E.2d 47 (Ga. Ct. App. 2002). Marriage is the union of one man and one woman. * '' In re Estate of Gardiner'', 42 P.3d 120 (Kan. 2002). A post-operative male-to-female transsexual is not a woman within the meaning of the statutes and cannot validly marry a man. * ''Rosengarten v. Downes'', 806 A.2d 1066 (Conn. Ct. App. 2002). Connecticut will not dissolve a Vermont civil union. * ''Standhardt v. Superior Court ex rel. County of Maricopa'', 77 P.3d 451 (Ariz. Ct. App. 2003). The Constitution of Arizona does not provide the right to same-sex marriage. * '' Goodridge v. Dept. of Public Health'', 798 N.E.2d 941 (Mass. 2003). The denial of marriage licenses to same-sex couples violated provisions of the Massachusetts State Constitution guaranteeing individual liberty and equality, and it was not rationally related to a legitimate state interest. * '' Morrison v. Sadler'', 821 N.E.2d 15 (Ind. Super. Ct. 2005). Indiana's ''Defense of Marriage Act'' is valid. * '' Langan v. St. Vincent's Hospital'', 802 N.Y.S.2d 476 (App. Div. 2005). For the purposes of New York's wrongful death statute, the survivor partner from a Vermont civil union lacks standing as a "spouse". * '' Citizens for Equal Protection v. Bruning'', 455 F.3d 859 (8th Cir. 2006). Nebraska's Initiative Measure 416 does not violate the Fourteenth Amendment's Equal Protection Clause, was not a bill of attainder, and does not violate the First Amendment. * '' Lewis v. Harris'', 908 A.2d 196 (N.J. 2006). Prohibiting same-sex ''marriage'' does not violate the New Jersey Constitution, but the state must extend all the rights and responsibilities of marriage to same-sex couples. The
New Jersey Legislature The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and ...
had 180 days to amend the marriage laws or create a "parallel structure". * '' Andersen v. King County'', 138 P.3d 963 (Wash. 2006). Washington's ''Defense of Marriage Act'' does not violate the State Constitution. * ''Hernandez v. Robles'', 855 N.E.2d 1 (N.Y. 2006). The New York Constitution does not require that marriage rights be extended to same-sex couples. * '' Conaway v. Deane'', 932 A.2d 571 (Md. 2007). Upholds a Maryland law defining marriage as the union of a man and a woman. * '' Martinez v. County of Monroe'', 850 N.Y.S.2d 740 (App. Div. 2008). Because New York recognizes the marriages of opposite-sex couples from other jurisdictions, it must do the same for same-sex couples. * '' In re Marriage Cases'', 183 P.3d 384 (Cal. 2008). Limiting marriage to opposite-sex couples is invalid under the equal protection clause of the California Constitution. Full marriage rights, not merely domestic partnership, must be offered to same-sex couples. * ''
Kerrigan v. Commissioner of Public Health ''Kerrigan v. Commissioner of Public Health'', 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that allowing same-sex couples to form same-sex unions but not marriages violates the Constitution of Connecti ...
'', 957 A.2d 407 (Conn. 2008). The availability of civil unions but not marriage to same-sex partners is a violation of the equality and liberty provisions of the Connecticut Constitution. * '' Strauss v. Horton'', 207 P.3d 48 (Cal. 2009). Proposition 8 was validly adopted, and marriages contracted before its adoption remain valid. * '' Varnum v. Brien'', 763 N.W.2d 862 (Iowa 2009). Barring same-sex couples from marriage violates the equal protection provisions of the Iowa Constitution. Equal protection requires full marriage, rather than civil unions or some other substitute, for same-sex couples.


2010s

;Challenges to DOMA Section 3 * '' Gill v. Office of Personnel Management'' (2009–2013). Section 3 of the federal ''Defense of Marriage Act'' is found unconstitutional in U.S. district court. The First Circuit Court of Appeals affirms that ruling and stays implementation pending appeal. ''Windsor'' finds Section 3 unconstitutional and appeal of ''Gill'' is denied by the Supreme Court. * '' Massachusetts v. United States Department of Health and Human Services'' (2009–2013). Decided alongside ''Gill'' with the same outcome. * '' Golinski v. Office of Personnel Management'' (2010–2013). Section 3 of the federal ''Defense of Marriage Act'' is found unconstitutional in U.S. district court, which determines that sexual orientation is a quasi-suspect classification requiring the court to apply
intermediate scrutiny Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order ...
, that is, to determine whether Section 3 relates to an important government interest. On appeal, the case is held in abeyance pending the decision of the U.S. Supreme Court in ''Windsor'', which settles the issues raised in ''Golinski'', the appeal of which to the Supreme Court is then denied. * ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a List of landmark court decisions in the United States, landmark United States Supreme Court civil rights case concerning same-sex marriage in the United States, same-sex marriage. The Cou ...
'' (2010–2013). Section 3 of the federal ''Defense of Marriage Act'' is found unconstitutional in U.S. district court. The Second Circuit Court of Appeals affirms that ruling, as does the U.S. Supreme Court. The U.S. Government began implementing the decision the same week. ;California Proposition 8 * ''
Hollingsworth v. Perry ''Hollingsworth v. Perry'' was a series of United States federal court cases that reinstated same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that ...
'' (2009–2013). California's Proposition 8, a voter-endorsed constitutional amendment banning same-sex marriage, is found unconstitutional in U.S. district court in ''Perry v. Schwarzenegger''. The proposition's backers appeal to the Ninth Circuit Court of Appeals, which upholds the district court's finding of unconstitutionality in ''Perry v. Brown''. The U.S. Supreme Court ruled that the proposition's backers lacked standing to appeal and left the district court ruling intact. ;Same-sex marriage rights * '' Christiansen v. Christiansen''. On June 6, 2011, the Supreme Court of Wyoming grants a divorce to two women who married in Canada, but says its decision does not apply "in any context other than divorce". * '' Port v. Cowan'' (2010–2012). Maryland must recognize valid out-of-state same-sex marriages under doctrine of
comity In law, comity is "a principle or practice among political entities such as countries, states, or courts of different jurisdictions, whereby legislative, executive, and judicial acts are mutually recognized." It is an informal and non-mandatory c ...
. * '' Garden State Equality v. Dow'' (2011–2013), New Jersey's civil unions violate due process guarantees; denying same-sex marriage ruled unconstitutional in state superior court. The N.J. Supreme Court refuses to stay the ruling and the state defendants drop their appeal. * '' Griego v. Oliver'', 316 P.3d 865 (N.M. 2013). The New Mexico Supreme Court rules that the State Constitution requires marriage rights to be extended to same-sex couples. * '' Kitchen v. Herbert'', 961 F. Supp. 2d 1181 (2013). U.S. district court rules Utah's ban on same-sex marriage unconstitutional. The Tenth Circuit Court of Appeals upholds that ruling on June 25, 2014. All parties support review by the U.S. Supreme Court, and that court denied review on October 6. * '' Whitewood v. Wolf'' (Pennsylvania). On May 20, 2014, Judge John E. Jones III rules that Pennsylvania's same-sex marriage ban is unconstitutional. * '' Geiger v. Kitzhaber'' and '' Rummell v. Kitzhaber'' (Oregon). On May 19, 2014, district judge Michael J. McShane declares Oregon's same-sex marriage ban unconstitutional. * '' Bostic v. Schaefer'' (Virginia). The
Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
on July 28, 2014, in a 2–1 decision, affirms a district court ruling that Virginia's denial of marriage rights to same-sex couples is unconstitutional. The Supreme Court denied review on October 6. * '' Baskin v. Bogan'' (Indiana) and '' Wolf v. Walker'' (Wisconsin). The Seventh Circuit consolidated these cases and on September 4, 2014, upheld two district court rulings that had found Indiana's and Wisconsin's bans on same-sex marriage unconstitutional. The U.S. Supreme Court denied review on October 6. * '' Bishop v. Smith'' (Oklahoma). On July 18, 2014, the Tenth Circuit upholds the district court ruling that Oklahoma's ban on same-sex marriage is unconstitutional. The Supreme Court denied review on October 6. * '' Barrier v. Vasterling'' (Missouri). State circuit judge J. Dale Youngs rules on October 3, 2014, that Missouri's refusal to recognize same-sex marriages from other jurisdictions violates the plaintiff same-sex couples' right to equal protection under both the state and federal constitutions. * '' Caspar v. Snyder'' (Michigan). On January 15, 2015, U.S. district judge Mark A. Goldsmith ruled that the state must recognize the validity of "window marriages" established on March 21 and 22, 2014, before the Sixth Circuit Court of Appeals stayed a district court ruling in ''DeBoer v. Snyder'' that found Michigan's ban on same-sex marriage unconstitutional, despite the fact that ''DeBoer'' was later reversed. The state chose not to appeal. * '' Obergefell v. Hodges'' (2013–2015). U.S. Supreme Court case finding state bans on same-sex marriage to be unconstitutional under the 14th Amendment. (Overturned ''Baker v. Nelson'')


Public opinion

Americans began to be polled occasionally on the topic in the 1980s and more regularly in the 1990s. From 1988 to 2009, support for same-sex marriage increased between 1% and 1.5% per year. In the 2010s, it increased more quickly. Gallup found that nationwide public support reached 50% in May 2011, 60% in May 2015, and 70% in May 2021. The
Pew Research Center The Pew Research Center (also simply known as Pew) is a nonpartisan American think tank based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the world. It ...
similarly found 40% in 2010, 50% in 2013 and 61% in 2019. 83% of Americans aged 18–29 supported same-sex marriage. there was majority support for same-sex marriage in 47 states, ranging from 50% in
South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
to 85% in
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
. There was plurality support in
Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
, with 49% supporting and 47% opposing. Only
Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...
and
Arkansas Arkansas ( ) is a landlocked state in the West South Central region of the Southern United States. It borders Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, Texas to the southwest, and Oklahoma ...
had majority opposition to same-sex marriage; in Mississippi, 55% opposed and 44% supported, while in Arkansas, 52% opposed and 47% supported same-sex marriage. 60% of Americans said they would not mind if their child married someone of the same gender. Annual polling conducted by Gallup each May in 2017, 2018, 2019 and 2020 has found support for same-sex marriage stable, with two-thirds of Americans indicating that same-sex marriage should be recognized as valid under law (a range of 63% to 67% was recorded). In a 2024 ''Gallup'' poll, 69% of respondents stated that same-sex marriage should be legally recognized as valid under the law (83% of Democrats, 74% of independents and 46% of Republicans), while 29% were opposed. A
Grinnell College Grinnell College ( ) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Grinnell, Iowa, United States. It was founded in 1846 when a group of Congregationalism in the United States, Congregationalis ...
National Poll in September 2022 indicated that 74% of Americans thought that same-sex marriage should be a guaranteed right – 13% thought it should be left to elected officials, and 13% were unsure.


See also

* Divorce of same-sex couples * History of same-sex marriage in the United States * LGBT employment discrimination in the United States *
LGBTQ rights in the United States Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the United States are at risk of erosion under the Second presidency of Donald Trump, with transgender rights being most at risk. While lesbian, gay and bisexual rights remain ad ...
* Recognition of same-sex unions in the Americas * Same-sex unions and military policy#United States * Status of same-sex marriage * Timeline of same-sex marriage in the United States * Timeline of same-sex marriage


Legislation

* Domestic partnership in the United States *
Federal Marriage Amendment The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed Article Five of the United States Constitution, amendment to the United States Constitution that would legally define marria ...
*
Respect for Marriage Act The Respect for Marriage Act (RFMA; ) is a landmark United States federal law passed by the 117th United States Congress in 2022 and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal ...
* Former U.S. state constitutional amendments banning same-sex unions * Same-sex marriage law in the United States by state * Same-sex marriage legislation in the United States * Same-sex marriage status in the United States by state * Same-sex unions in the United States


Miscellaneous

* '' A Union in Wait'' (documentary film)


Notes


References


Bibliography

* * * * * * * * *


External links

*
American Courts on Marriage: Is Marriage Discriminatory? 1998–2008
Joshua Baker, Institute for Marriage and Public Policy, May 2008.
Gay rights in the US, state by state
''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
'' *
PollingReport.com Law and Civil Rights
compendium
Timeline: Gay Marriage, ''Los Angeles Times'', October 6, 2014


as of February 26, 2014, by the
Bloomberg Bloomberg may refer to: People * Daniel J. Bloomberg (1905–1984), audio engineer * Georgina Bloomberg (born 1983), professional equestrian * Michael Bloomberg (born 1942), American businessman and founder of Bloomberg L.P.; politician a ...
Visual Data Center showing various charts with respect to the development of same-sex marriage in the United States {{DEFAULTSORT:Same-Sex Marriage In The United States 2015 in LGBTQ history