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| Part of theLGBTQ rights series |
Recognized |
Civil unions or registered partnerships but not marriage |
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The legal recognition ofsame-sex marriage in theUnited States expanded from one state in 2004 (Massachusetts) toall 50 states in 2015 through various court rulings, state legislation, and direct popular vote. States have separatemarriage laws, which must adhere to rulings by theSupreme Court of the United States that recognizemarriage as afundamental right guaranteed by both theDue Process Clause and theEqual Protection Clause of theFourteenth Amendment to the United States Constitution, as first established in the 1967landmarkcivil rights case ofLoving v. Virginia.
Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s.[1] In 1972, the later-overturnedBaker v. Nelson saw theSupreme Court of the United States decline to become involved.[2] The issue became prominent from around 1993, when theSupreme Court of Hawaii ruled inBaehr v. Lewin that it was unconstitutional under theConstitution 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 federalDefense of Marriage Act (DOMA). In 2003, theMassachusetts Supreme Judicial Court ruled inGoodridge v. Department of Public Health that it was unconstitutional under theConstitution of Massachusetts for the state to abridge marriage on the basis of sex. From 2004 through to 2015, asthe tide of public opinion continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (referendums andinitiatives), and federal court rulings established same-sex marriage in thirty-six of the fifty states.
The most prominent supporters of same-sex marriage arehuman rights andcivil rights organizations, while the most prominent opponents are religious groups, though some religious organizations support marriage equality.[3] The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in thecivil rights movement, includingCoretta Scott King,John Lewis,Julian Bond, andMildred Loving.[4][5][6] In May 2012, theNAACP, the leading African-American civil rights organization, declared its support for same-sex marriage and stated that it is acivil right.[7]
In June 2013, theSupreme Court of the United States struck downDOMA for violating theFifth Amendment to the United States Constitution in the landmark civil rights case ofUnited States v. Windsor, 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 ofObergefell v. Hodges that thefundamental right 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 theDue Process Clause and theEqual Protection Clause of theFourteenth Amendment to the United States Constitution. On December 13, 2022, DOMA was repealed and replaced by theRespect for Marriage Act, which recognizes and protects same-sex and interracial marriages under federal law and in interstate relations.
Gallup found thatnationwide public support for same-sex marriage reached 50% in 2011,[8] 60% in 2015,[9] and 70% in 2021.[10]
Astudy 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.
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 ofcivil marriage rights and benefits for same-sex couples to public attention, though they proved unsuccessful.[11] The subject became increasingly prominent in U.S. politics following the 1993Hawaii Supreme Court decision inBaehr 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 theDefense of Marriage Act (DOMA).
On May 17, 2004,Massachusetts became the first U.S. state and the sixth jurisdiction in the world to legalize same-sex marriage following theSupreme Judicial Court's decision inGoodridge 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, aWashington jurist became the first trial judge in the nation to rule a state defense of marriage act unconstitutional inAndersen v. King County;[12] the King County Superior Courtruling was narrowly overturned on appeal in 2006.[13] 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 theUnited States 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,Maryland, andWashington became the first states to legalize same-sex marriage through popular vote. Same-sex marriage had been legalized in theDistrict of Columbia and 21Native American tribal nations as well.
The June 2013 decision of theU.S. Supreme Court inUnited States v. Windsor 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.[14] 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 theU.S. Court of Appeals for the Sixth Circuit. The U.S. Supreme Court agreed to hear appeals from thatcircuit'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 caseObergefell v. Hodges.[15] The United States was theseventeenth country in the world and the second inNorth America afterCanada, to allow same-sex couples to marry nationwide.[16]
The legal issues surroundingsame-sex marriage in the United States are determined by the nation'sfederal system of government, in which thestatus of a person, including marital status, is determined in large measure by the individual states. Prior to 1996, thefederal government did not define marriage; any marriage recognized by astate was recognized, even if that marriage was not recognized by one or more states, as was the case until 1967 withinterracial marriage, which some statesbanned by statute.
Prior to 2004,same-sex marriage was not performed or recognized in anyU.S. jurisdiction, but subsequently began to be performed and recognized by law in different jurisdictions through legislation, court rulings,[17] tribal council rulings,[18] and popular referendums.[19][20][21]
The Supreme Court's ruling inObergefell 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.[22]
According to theGovernment Accountability Office (GAO) in 2004,1,138 federal rights and protections are conferred to U.S. citizens upon marriage; areas affected includeSocial Security benefits, veterans' benefits, health insurance,Medicaid, hospital visitation, estate taxes, retirement savings, pensions,family leave, and immigration law.[23]
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.[24]
TheDefense of Marriage Act (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'sFull Faith and Credit Clause.[25] Even before DOMA, however, states sometimes refused to recognize a marriage from another jurisdiction if it was counter to its "strongly held public policies".[26] Most lawsuits that sought to require a state to recognize a marriage established in another jurisdiction argue on the basis ofequal protection anddue process, not the Full Faith and Credit Clause.[a]
DOMA's Section 3 defined marriage for the purposes of federal law as a union of one man and one woman.[29] It was challenged in thefederal courts. On July 8, 2010, JudgeJoseph Tauro of theDistrict Court of Massachusetts held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples is unconstitutional under theEqual Protection Clause of theU.S. Constitution.[30] Beginning in 2010, eight federal courts found DOMA Section 3 unconstitutional in cases involving bankruptcy, public employee benefits, estate taxes, and immigration.[31][32][33] On October 18, 2012, theSecond Circuit Court of Appeals became the first court to hold sexual orientation to be aquasi-suspect classification and appliedintermediate scrutiny to strike down Section 3 of DOMA as unconstitutional inWindsor v. United States.[34] The U.S. Supreme Court ruled inWindsor on June 26, 2013, that Section 3 violated the Fifth Amendment.[35][b]
As a result of theWindsor 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.[36][37][38][39] In February 2014, theJustice Department expanded federal recognition of same-sex marriages to include bankruptcies, prison visits, survivor benefits and refusing to testify against a spouse.[40] Likewise in June 2014, familymedical leave benefits under theFamily Medical Leave Act 1975 were extended to married same-sex couples.[41] With respect tosocial security and veterans benefits, same-sex married couples are eligible for full benefits from theVeterans Affairs (VA) and theSocial Security Administration (SSA). Prior to the Supreme Court's ruling inObergefell 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.[42][43] Effective March 27, 2015, the definition of spouse under theFamily and Medical Leave Act of 1993 includes employees in a same-sex marriage regardless of state of residence.[44][45] Following theObergefell decision, the Justice Department extended all federal marriage benefits to married same-sex couples nationwide.[24]
Thefederal government 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, includingMichigan. It also recognized marriages performed inUtah from December 20, 2013, to January 6, 2014, even while the state didn't. Under similar circumstances, it never took a position onIndiana orWisconsin'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 inArkansas prior to theObergefell decision legalizing and recognizing same-sex marriages in all fifty states.[46] TheState 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.[47]
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, theFederal Marriage Amendment, which would have prohibited states from recognizing same-sex marriages, was approved by theSenate Judiciary Committee on a party-line vote and was debated by the fullSenate, but was ultimately defeated in both houses of Congress.[48] On April 2, 2014, theAlabama House of Representatives adopted a resolution calling for aconstitutional convention to propose an amendment to ban same-sex marriage nationwide.[49]
In 2022, JusticeClarence Thomas namedObergefell v. Hodges as a case that should be revisited in his concurrence ofDobbs v. Jackson Women's Health Organization, which had overturnedRoe v. Wade andPlanned 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 theRespect for Marriage Act 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.[50] In December, the Senate passed the bill 61–36, and the House again voted 258–169 to pass it.[51] PresidentJoe Biden signed it into law on December 13, 2022.[52]
Same-sex marriages are licensed in and recognized by all U.S. states and theDistrict of Columbia, as well as all U.S. territories exceptAmerican Samoa.[53] However, under theRespect for Marriage Act, 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.[54] 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,[55] subsequently being suspended from the bench for the remainder of his term on September 30 of that year.[56]
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.
Post-Obergefell, six states have, on occasion, attempted to deny same-sex couples full adoption rights to varying degrees. InArkansas,Florida,Indiana, andWisconsin, same-sex couples have been met with rejection when trying to get both parents' names listed on the birth certificate. InV.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 had once banned same-sex couples from adopting, but the law requiring this was ruled unconstitutional by theUnited 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.[65][66]
On June 26, 2017, the Supreme Court ruled by a 6–3 vote in the case ofPavan v. Smith that under their decision inObergefell, 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 inObergefell.[67]
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.[68] As of the time of theObergefell 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.[69]
Prior toObergefell,same-sex marriage was legal to at least some degree in thirty-eight states, one territory (Guam) and theDistrict of Columbia; of the states,Missouri,Kansas, andAlabama had restrictions. UntilUnited States v. Windsor, it was only legal in 12 states and theDistrict of Columbia. Beginning in July 2013, over forty federal and state courts citedWindsor to strike down state bans on the licensing or recognition of same-sex marriage.Missouri recognized same-sex marriages from out of state and same-sex marriages licensed by theCity of St. Louis under two separatestate court orders; two other jurisdictions issued such licenses as well. InKansas, marriage licenses were available to same-sex couples in most counties, but the state did not recognize their validity. Some counties inAlabama issued marriage licenses to same-sex couples for three weeks until thestate Supreme Court 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'".[70] In two additional states, same-sex marriages were previously legal between the time their bans were struck down and thenstayed.Michigan recognized the validity of more than 300 marriage licenses issued to same-sex couples and those marriages.Arkansas recognized the more than 500 marriage licenses issued to same-sex couples there,[71] and theFederal Government had not taken a position on Arkansas's marriage licenses.
| State or territory | Population[72] | Date of Enactment/Ruling | Date Effective | Legalization method | Details |
|---|---|---|---|---|---|
 Alaska | 736,732 | October 12, 2014 | October 17, 2014 | Federal court decision | U.S. District Court for the District of Alaska ruling inHamby v. Parnell.[73] |
 Arizona | 6,731,484 | October 17, 2014 | October 17, 2014 | Federal court decision | U.S. District Court for the District of Arizona ruling inConnolly v. Jeanes and inMajors v. Horne.[74] |
 California | 38,802,500 | May 15, 2008 | June 16, 2008 | State court decision → overturned by constitutional ban | California Supreme Court ruling inIn re Marriage Cases. Ceased via state constitutional amendment afterProposition 8 passed on November 5, 2008. |
| August 4, 2010 | June 28, 2013 | Federal court decision → legislative statute | U.S. District Court for the Northern District of California ruling inPerry v. Schwarzenegger, finding Proposition 8 unconstitutional. Stayed during appeal, affirmed by theNinth Circuit Court of Appeals asPerry v. Brown. Certiorari granted and appealed asHollingsworth v. Perry to the U.S. Supreme Court; the high court dismissedHollingsworth forlack of standing andvacated the Ninth Circuit decision below, resulting with the original decision inPerry left intact.[75] Gender-neutral marriage bill passed by theCalifornia State Legislature and signed into law by theGovernor of California took effect on January 1, 2015.[76] | ||
 Colorado | 5,355,866 | July 9, 2014 | October 7, 2014 | State court decision → legislative statute | Colorado district court ruling inBrinkman v. Long and statutorily codified since August 2, 2019. |
| July 23, 2014 | Federal court decision → legislative statute | U.S. District Court for the District of Colorado ruling inBurns v. Hickenlooper and statutorily codified since August 2, 2019. | |||
 Connecticut | 3,596,677 | October 10, 2008 | November 12, 2008 | State court decision → legislative statute | Connecticut Supreme Court ruling inKerrigan v. Commissioner of Public Health and statutorily codified since October 1, 2010. |
 Delaware | 935,614 | May 7, 2013 | July 1, 2013 | Legislative statute | Passed by theDelaware General Assembly and signed into law by theGovernor of Delaware. |
 District of Columbia | 658,893 | December 18, 2009 | March 9, 2010 | Legislative statute | Passed by theCouncil of the District of Columbia. |
 Florida | 19,893,297 | August 21, 2014 | January 6, 2015 | Federal court decision | U.S. District Court for the Northern District of Florida ruling inBrenner v. Scott. |
 Guam | 165,124 (not included in population total) | June 5, 2015 | June 9, 2015 | Binding federal court precedent → actions of territorial officials → federal court decision → legislative statute | Attorney GeneralElizabeth Barrett-Anderson deferred to the controlling precedent set by theNinth Circuit Court of Appeals inLatta v. Otter, ordering that marriage licenses for same-sex couples be processed immediately beginning on April 15, 2015.[77]District Court of Guam ruling inAguero v. Calvo upholding the earlier decision by the Ninth Circuit and statutorily codified since August 27, 2015.[78][79] |
 Hawaii | 1,419,561 | November 13, 2013 | December 2, 2013 | Legislative statute | Hawaii Marriage Equality Act passed by theHawaii State Legislature and signed into law by theGovernor of Hawaii. |
 Idaho | 1,634,464 | October 7, 2014 | October 15, 2014 | Federal court decision | U.S. District Court for the District of Idaho ruling inLatta v. Otter,[80] upheld by the Ninth Circuit.[81] |
 Illinois | 12,880,580 | November 20, 2013 | June 1, 2014 | Legislative statute | Passed by theIllinois General Assembly and signed into law by theGovernor of Illinois. |
 Indiana | 6,596,855 | September 4, 2014 | October 6, 2014 | Federal court decision | U.S. District Court for the Southern District of Indiana ruling inBaskin v. Bogan. TheSeventh Circuit Court of Appeals affirmed the district court's ruling.[82] |
 Iowa | 3,107,126 | April 3, 2009 | April 27, 2009 | State court decision | Iowa Supreme Court ruling inVarnum v. Brien. One same-sex couple obtained a marriage licensed and married before initial ruling was stayed.[83] |
 Maine | 1,330,089 | November 6, 2012 | December 29, 2012 | Initiative statute | Proposed by initiative as referendumQuestion 1, approved. |
 Maryland | 5,976,407 | November 6, 2012 | January 1, 2013 | Legislative statute → referendum | Civil Marriage Protection Act passed by theMaryland General Assembly; petitioned to referendumQuestion 6, upheld. |
 Massachusetts | 6,745,408 | November 18, 2003 | May 17, 2004 | State court decision | Massachusetts Supreme Judicial Court ruling inGoodridge v. Department of Public Health. |
 Minnesota | 5,457,173 | May 14, 2013 | August 1, 2013 | Legislative statute | Passed by theMinnesota Legislature and signed into law by theGovernor of Minnesota. |
 Montana | 1,023,579 | November 19, 2014 | November 19, 2014 | Federal court decision | U.S. District Court for the District of Montana ruling inRolando v. Fox.[84] |
 Nevada | 2,839,099 | October 7, 2014 | October 9, 2014 | Federal court decision → legislative statute | Ninth Circuit Court of Appeals ruling inSevcik v. Sandoval. The Ninth Circuit Court of Appeals overturned theU.S. District Court for the District of Nevada's ruling and statutorily codified since July 1, 2017.[85][86][87] |
 New Hampshire | 1,326,813 | June 3, 2009 | January 1, 2010 | Legislative statute | Passed by theNew Hampshire General Court and signed into law by theGovernor of New Hampshire. |
 New Jersey | 8,938,175 | September 27, 2013 | October 21, 2013 | State court decision → legislative statute | New Jersey Superior Court ruling inGarden State Equality v. Dow; appellate courts affirmed by refusal to accept appeal; statutorily codified since January 10, 2022. |
 New Mexico | 2,085,572 | December 19, 2013 | December 19, 2013 | State court decision → legislative statute | New Mexico Supreme Court ruling inGriego v. Oliver and statutorily codified since July 1, 2019.[88] |
 New York | 19,746,227 | June 24, 2011 | July 24, 2011 | Legislative statute | Marriage Equality Act passed by theNew York State Legislature and signed into law byGovernorAndrew Cuomo. |
 North Carolina | 9,943,964 | October 10, 2014 | October 10, 2014 | Federal court decision → legislative statute | U.S. District Court for the Western District of North Carolina ruling inGeneral Synod of the United Church of Christ v. Cooper and statutorily codified since July 12, 2017.[89] |
 Oklahoma | 3,878,051 | July 18, 2014 | October 6, 2014 | Federal court decision | U.S. District Court for the Northern District of Oklahoma ruling inBishop v. Oklahoma. TheTenth Circuit affirmed the ruling inBishop v. Smith.[90] |
 Oregon | 3,970,239 | May 19, 2014 | May 19, 2014 | Federal court decision → legislative statute | U.S. District Court for the District of Oregon ruling inGeiger v. Kitzhaber and statutorily codified since January 1, 2016.[91] |
 Pennsylvania | 12,787,209 | May 20, 2014 | May 20, 2014 | Federal court decision | U.S. District Court for the Middle District of Pennsylvania ruling inWhitewood v. Wolf. |
 Rhode Island | 1,055,173 | May 2, 2013 | August 1, 2013 | Legislative statute | Passed by theRhode Island General Assembly and signed into law by theGovernor of Rhode Island. |
 South Carolina | 4,832,482 | November 12, 2014 | November 20, 2014 | Federal court decision | U.S. District Court for the District of South Carolina ruling inCondon v. Haley.[92] |
 Utah | 2,942,902 | June 25, 2014 | October 6, 2014 | Federal court decision | U.S. District Court for the District of Utah ruling inKitchen v. Herbert. Marriages licensed between December 20, 2013, and January 6, 2014. TheTenth Circuit Court of Appeals affirmed the district court ruling inKitchen v. Herbert. |
 Vermont | 626,562 | April 7, 2009 | September 1, 2009 | Legislative statute | Passed by theVermont General Assembly, overriding GovernorJim Douglas' veto. |
 Virginia | 8,326,289 | July 28, 2014 | October 6, 2014 | Federal court decision → Legislative statute | U.S. District Court for the Eastern District of Virginia ruling inBostic v. Rainey.[93] TheFourth Circuit Court of Appeals affirmed the U.S. district court ruling inBostic v. Schaefer and statutorily codified since July 1, 2020.[94][95] |
 Washington | 7,061,530 | November 6, 2012 | December 6, 2012 | Legislative statute → referendum | Passed by theWashington State Legislature; suspended by petition and referred toReferendum 74, approved. |
 West Virginia | 1,850,326 | October 9, 2014 | October 9, 2014 | Binding federal court precedent → actions of state officials → federal court decision | GovernorEarl Ray Tomblin and state Attorney GeneralPatrick Morrisey, recognizing the precedent established by theFourth Circuit ruling inBostic v. Schaefer, dropped their defense of the state's same-sex marriage ban.[96] TheU.S. District Court for the Southern District of West Virginia inMcGee v. Cole overturned West Virginia's statutory ban on same-sex marriage on November 7, 2014.[97] |
 Wisconsin | 5,757,564 | September 4, 2014 | October 6, 2014 | Federal court decision | U.S. District Court for the Western District of Wisconsin ruling inWolf v. Walker. The Seventh Circuit Court of Appeals affirmed the district court's ruling.[98] |
 Wyoming | 584,153 | October 17, 2014 | October 21, 2014 | Federal court decision | U.S. District Court for the District of Wyoming ruling inGuzzo v. Mead.[99] |
| Total | 221,434,635 (69.4% of the U.S. population) | ||||
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.
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In the United States and Canada, professional organizations including theAmerican Anthropological Association, theAmerican Counseling Association, theAmerican Academy of Pediatrics, theAmerican Medical Association, theAmerican Academy of Nursing, theAmerican Psychological Association, theAmerican Psychiatric Association, theCanadian Psychological Association, theAmerican Sociological Association, theNational Association of Social Workers, theAmerican Psychoanalytic Association, theAmerican Association for Marriage and Family Therapy, and theAmerican Academy of Family Physicians 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.[100]
Prominent figures in thecivil 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 ofMartin Luther King Jr., 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".[101] In 2007,Mildred Loving, the joint plaintiff alongside her husbandRichard Loving in thelandmarkcivil rights case ofLoving v. Virginia in 1967, in which theSupreme Court of the United States struck down all state bans oninter-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 acivil 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".[102] In 2009,Julian Bond, a leader of the civil rights movement and a chairman of theNAACP, expressed his support for same-sex marriage and stated that "gay rights are civil rights".[5][103] In 2015,John Lewis, a leader of the civil rights movement and a chairman of theSNCC, welcomed the outcome of thelandmarkcivil rights case ofObergefell v. Hodges in which theSupreme Court of the United States 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".[104]
TheNAACP, 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 acivil right.[7]
TheHuman Rights Campaign, the largestLGBTQ 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."[105]
JournalistGail Mathabane likens prohibitions on same-sex marriage to past prohibitions oninterracial marriage in the United States.[106] AuthorFernando Espuelas argues that same-sex marriage should be allowed because it recognizes the civil right of a minority.[107] HistorianNancy Cott rejects alternatives to same-sex marriage (such ascivil unions), reasoning that "there really is no comparison, because there is nothing that is like marriage except marriage."[108]
Supporters of same-sex marriage successfully utilizedsocial media websites such asFacebook to help achieve their aims.[109][110][111] Some have argued that the successful use of social media byLGBTQ rights organizations played a key role in the defeat of religion-based opposition.[112]
One of the largest scale uses of social media to mobilize support for same-sex marriage preceded and coincided with the arrival at theU.S. Supreme Court of high-profile legal cases forProposition 8 andDOMA in March 2013. The "red equal sign" project started by theHuman 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.[113] At the time of the court hearings, an estimated 2.5 million Facebook users changed their profile images to a red equal sign.[114]
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.[115] 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.[100]
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 ofNewspeak: same-sex unions are an inherently different entity than a marriage, and that entity has only gained legitimacy throughOrwellianbrainwashing.[116] 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.[117]
Some of the opponents of same-sex marriage are religious groups such as theCatholic Church and theSouthern Baptist Convention which desire for marriage to remain restricted to opposite-sex marriages.[118] However, there are faith-based supporters of same-sex marriage, and homosexual people of faith, within every faith group.[119]The Church of Jesus Christ of Latter-day Saints opposed the legalization of same-sex marriage[120] but in 2022, endorsed a federal bill[121] requiring states and territories to honor same-sex marriages solemnized in other states (though it reiterated that church doctrine would not change).[122]
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.[123][124][125]
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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 theIllinois Senate.[126][127] During the 2008 presidential campaign, he was opposed to same-sex marriage,[128] but he also opposed the 2008California referendum that aimed at reversing a court ruling establishing same-sex marriage there.[129] 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.[130][131] In December 2010, he expressed support forcivil unions with rights equivalent to marriage and for federal recognition of same-sex relationships. He opposed a federal constitutional amendment to ban same-sex marriage.[132] 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".[133] 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.[134] In October 2014, Obama told an interviewer that his view had changed:
Ultimately, I think theEqual Protection Clause does guarantee same-sex marriage in all fifty states. But, as you know, courts have always been strategic. There have been times where the stars were aligned and the Court, like a thunderbolt, issues a ruling likeBrown v. Board of Education [1954], but that's pretty rare. And, given the direction of society, for the Court to have allowed the process to play out the way it has may make the shift less controversial and more lasting.[135]
Shortly after winning the2016 election, PresidentDonald Trump 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."[136] This somewhat contrasted with a previous statement he made in June 2015, afterObergefell 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.[137] In that same statement, however, Trump admitted that overturningObergefell 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,[138] namely Attorney GeneralJeff Sessions and Secretary of EducationBetsy DeVos.[139]
Former presidentsBill Clinton,[140]Jimmy Carter,[141] and Barack Obama, former vice presidentsDick Cheney,[142]Al Gore,[143]Walter Mondale,[144] andJoe Biden have voiced their support for same-sex marriage, as have former first ladiesLaura Bush,[145]Hillary Clinton,[146]Michelle Obama,[147] andNancy Reagan.[148] Former PresidentGeorge H. W. Bush and his wife former First LadyBarbara Bush served as witnesses to a same-sex wedding, but neither publicly affirmed support for same-sex marriage in general;[149]George W. Bush reportedly offered to officiate the same wedding,[150] but has similarly not made a public statement regarding his position on the issue (as president, he was opposed). FifteenU.S. senators announced their support in the spring of 2013.[151] By April 2013, a majority of the Senate had expressed support for same-sex marriage.[152] SenatorRob Portman of Ohio became the first sittingRepublican senator to endorse same-sex marriage in March 2013,[153] followed by SenatorMark Kirk of Illinois in April,[154] SenatorLisa Murkowski of Alaska in June,[155] and SenatorSusan Collins of Maine a year later.[156]
Politicians who have notably opposed same-sex marriage have includedRick Santorum,Mike Huckabee, andSarah Palin.
Prominent politicians who have shifted from opposing to supporting same-sex marriage include Republican SenatorRob Portman, and Republican RepresentativeBob Barr (the author of the 1996Defense of Marriage Act).
In an interview onThe O'Reilly Factor in August 2010, whenGlenn Beck was asked if he "believe(s) that gay marriage is a threat to [this] country in any way", he stated, "No I don't. ... I believe thatThomas Jefferson said: 'If it neither breaks my leg nor picks my pocket what difference is it to me?'"[157][158]
The overall effects of legal access to same-sex marriage have been summarized by Badgett and co-authors.[159] 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.
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".[160][161][162][163][164]
Until the Supreme Court's June 2013 ruling inUnited States v. Windsor required theFederal Government 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 1997General Accounting Office study, at least 1,049 U.S. federal laws and regulations include references to marital status.[165] A 2004 study by theCongressional Budget Office found 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'"[166] 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 survivorSocial Security benefits and were ineligible for the benefits of the spouse of a federal government employee.[166] 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.[167]
Compared to similarly situated opposite-sex married couples, same-sex couples faced the following financial and legal disadvantages:
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.[169] Only 18% of private employers offered domestic partner health care benefits.[167]
Same-sex couples face the same financial constraints of legal marriage as opposite-sex married couples, including themarriage penalty in taxation.[166] 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.[166]
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.[170]
The 2004Congressional Budget Office 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 forSocial Security andFederal Employee Health Benefits but that increase would be more than made up for by decreased expenses forMedicaid,Medicare, andSupplemental Security Income.[166]
According to a study published in May 2020 by theWilliams 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 billiondollars. 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.[171][172]
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 theAmerican Psychoanalytic Association and theAmerican Psychological Association.[173]
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.[174][175][176]
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 chronicsocial stress 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 thatminority stress is linked to health risks such asrisky sexual behavior and substance abuse.[177]
Two other studies examined personal reports from LGBTQ adults and their families living inMemphis, Tennessee, immediately after a successful2006 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 theUniversity of Memphis.[178]
At thePerry v. Schwarzenegger trial, expert witnessIlan 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.[179]
In 2009, a pair of economists atEmory University tied the passage of state bans on same-sex marriage in the US to an increase in the rates ofHIV/AIDS infection.[180][181] 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 theColumbia 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.[182]
The Fox sitcomRoc was the first sitcom to feature a same-sex marriage in 1991.[183] Since then, several shows and series have featured same-sex marriages, including amongst othersMarried...with Children,Roseanne ("December Bride"),Glee,Friends ("The One with the Lesbian Wedding"),Brooklyn Nine-Nine,Modern Family,The Simpsons ("There's Something About Marrying"),The Ellen DeGeneres Show,Brothers & Sisters,Grey's Anatomy,Will & Grace,Conan,Steven Universe,Shameless,The Fosters, etc.[184][185]
The 22nd season premier of thePBS animated-showArthur featured the marriage of teacher Mr. Ratburn and his male partner.[186] Alabama's public television channel refused to air the episode.[187]
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 theFederal Government. States such asOregon 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.[188]
In August 2016, theTreasury 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 toThe New York Times.[189] Numbers from 2015 showed a large increase to 250,450 marriages.[190] According to Census Bureau data, heterosexual marriages still accounted for about 98 percent of marriages for people under 35 in 2021.[191]
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 inOakland (2.1% of all marriages),Seattle,San Francisco,Springfield (MA) andPortland (OR), whereas gay male marriages were most frequent in San Francisco (3.2%),Washington D.C.,New York City, Seattle andFort Lauderdale.[190]
TheUnited States Census Bureau has collected data on unmarried same-sex households since 2005. Since 2013 followingUnited States v. Windsor, the Bureau began recording married same-sex households in itsSame-Sex Couples report.[192]
| Percent of same-sex households with children U.S. Census Bureau[192] | ||||
|---|---|---|---|---|
| Married | Unmarried | |||
| Year | male couple | female couple | male couple | female couple |
| 2005 | 34.8% | 39.0% | 10.6% | 24.7% |
| 2006 | 37.0% | 35.7% | 10.2% | 24.8% |
| 2007 | 32.4% | 38.6% | 10.1% | 24.6% |
| 2008 | 33.9% | 27.9% | 7.4% | 25.9% |
| 2009 | 28.6% | 28.9% | 6.6% | 21.9% |
| 2010 | 25.2% | 26.2% | 6.2% | 23.0% |
| 2011 | 26.1% | 26.2% | 6.1% | 21.9% |
| 2012 | 25.3% | 27.7% | 6.4% | 22.8% |
| 2013 | 18.8% | 27.0% | 5.2% | 20.5% |
| 2014 | 16.2% | 26.2% | 6.0% | 21.9% |
| 2015 | 13.6% | 26.0% | 6.0% | 22.1% |
| 2016 | 12.8% | 25.5% | 5.6% | 20.4% |
| 2017 | 11.2% | 25.5% | 4.7% | 21.2% |
| 2018 | 12.4% | 25.5% | 4.9% | 19.3% |
| 2019 | 9.6% | 27.0% | 3.9% | 19.7% |
| 2020 | Not available | |||
| 2021 | 8.9% | 26.2% | 3.5% | 17.6% |
| 2022 | 8.1% | 27.1% | 2.6% | 16.2% |
It recorded about 252,000 same-sexspouses 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.[192] In United States there were about 741,000 married same-sex couple households as of 2022.[193]
ThePopulation Reference Bureau 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.[194]
According toGallup, the percent of cohabiting same-sex couples who are married rose from 38% in 2015 to 49% in 2016 and to 61% in 2017.[195]
According to the Pew Report 2025, the number of U.S. households headed by married same-sex couples nearly doubled between 2015 and 2023, rising from 425,357 to 774,553. During the same period, the number of cohabiting same-sex households grew from 433,539 to 536,894. Despite these increases, married same-sex couples still made up only 1.3% of all married couples in the country, and cohabiting same-sex couples comprised 5.6% of all cohabiting couples. These households tend to be more concentrated in theWest (29%) andNortheast (19%), and less so in theSouth (35%) andMidwest (17%) when compared to different-sex couples. Relationship satisfaction is strong among same-sex couples: 92% of LGBTQ adults in same-sex relationships say things are going "fairly well" or "very well." Among those who are married, 69% report their relationship is going "very well," compared with 54% of cohabiting partners. Love, companionship, and commitment, were the main reason for marriage, but 64% also said access to legal rights and benefits was a major reason—rising to over 70% among those aged 50 and older.[196]
United States federal and statecase law regarding same-sex marriage:
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.[218]
Gallup found that nationwide public support reached 50% in May 2011,[8] 60% in May 2015,[9] and 70% in May 2021.[10]
ThePew Research Center similarly found 40% in 2010, 50% in 2013 and 61% in 2019.[219]
As of 2016,[update] 83% of Americans aged 18–29 supported same-sex marriage.[220]
As of 2021,[update] there was majority support for same-sex marriage in 47 states, ranging from 50% inSouth Carolina to 85% inMassachusetts. There was plurality support inAlabama, with 49% supporting and 47% opposing. OnlyMississippi andArkansas 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.[221]
As of 2018,[update] 60% of Americans said they would not mind if their child married someone of the same gender.[222]
Annual polling conducted byGallup 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).[223][224][225] In a 2024Gallup 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.[226] In May 2025, Gallup reported that 68% of Americans (88% of Democrats, 76% of independents, and 41% of Republicans) supported same-sex marriage. Support among Republicans was the lowest since after theObergefell verdict, while the 47-point difference between Republicans and Democrats was the largest since Gallup began tracking the measure 29 years ago.[227]
AGrinnell College 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.[228]
[T]he APA says that sexual orientation is not a choice [...]. (American Psychological Association, 2010).
{{cite web}}: CS1 maint: multiple names: authors list (link)Where same-sex marriage becomes a recognized civil right, it inevitably conflicts with the rights of believers, and religious freedom is diminished.
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