Keith Mack
The recognition of same-sex marriage in the United States has been a long and contentious journey, with public sentiment and legislation evolving over time. While some states have historically opposed same-sex marriage, citing traditional definitions of marriage and concerns about promoting homosexuality, others have advocated for marriage equality, arguing that sexual orientation is not a choice and that same-sex couples deserve equal rights. The legal landscape has been complex, with various court rulings and state-level variations shaping the recognition of same-sex unions. As of 2025, same-sex marriage is legally recognized in all 50 states, but some states do not recognize common-law same-sex marriages, and efforts to restrict marriage equality persist.
| Characteristics | Values |
|---|---|
| Recognition of same-sex marriage in the US | Same-sex marriage became legal in all US states on June 26, 2015, following the Supreme Court decision in Obergefell v. Hodges. |
| Number of states recognizing same-sex marriage before the ruling | 37 states and the District of Columbia |
| Number of states with affirmative legalization of same-sex marriage before the ruling | 16 |
| Current number of married same-sex couples in the US | 823,000 |
| Public perception | In 2003, an estimated 2.5 million Facebook users changed their profile images to a red equal sign in support of same-sex marriage. |
| Common-law marriage recognition | Common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition. |
| Common-law marriage requirements | Vary by state; for example, in Texas, both parties must be at least 18 years old and must file a legal "Declaration of Informal Marriage." |
| Impact of Obergefell v. Hodges ruling | Same-sex couples gained the right to marry and adopt children, and experienced improved mental health outcomes. |
| Efforts to restrict same-sex marriage | Measures seeking to reverse the Obergefell decision have been introduced in several states, and some lawmakers have introduced bills that would create a "covenant marriage" category for opposite-sex couples. |
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What You'll Learn
Same-sex marriage legality by state
The recognition of same-sex marriage in the US has evolved over the years, with a shift in political support and public opinion since the 1990s. The Defense of Marriage Act of 1996 defined marriage as between one man and one woman, but the Supreme Court's ruling in United States v. Windsor in June 2013 required the federal government to treat lawfully married same-sex couples equally. This decision ensured that same-sex couples could access federal benefits and rights afforded to opposite-sex married couples.
However, the legality of same-sex marriage still varies across states. As of 2025, some states, like Alabama, explicitly refuse to recognize same-sex marriages, including those lawfully performed in other jurisdictions. The Alabama legislature prohibits issuing marriage licenses to same-sex couples and deems any such marriages invalid, including common-law marriages. Arizona, Arkansas, and Kentucky have similar laws prohibiting same-sex marriages and recognizing only unions between one man and one woman as valid marriages.
On the other hand, states like Colorado have taken steps toward marriage equality. In 2024, Colorado passed a referendum removing the same-sex marriage ban from its state constitution, and in 2025, it enacted legislation to protect the freedom to marry for all couples. Virginia also repealed its statutory ban on same-sex marriage in 2020.
Despite these advancements, efforts to undermine same-sex marriage rights persist. Republican lawmakers in several states have introduced ballot measures and bills that aim to restrict marriage rights for same-sex couples. These measures seek to create categories like "covenant marriage" exclusively for heterosexual couples or reverse the Obergefell decision, which legalized same-sex marriage nationwide.
The ongoing political and legislative debates surrounding same-sex marriage in the US highlight the changing landscape of marriage equality across states. While some states have embraced marriage equality, others continue to resist, reflecting the diverse social and political attitudes toward LGBTQ+ rights in the country.
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Common-law marriage recognition by state
Recognition of common-law marriages varies by state in the United States. As of 2022, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriages.
Some states have abolished common-law marriage but still recognise common-law marriages if they began before a certain date or for a specific purpose. For example, Alabama recognises common-law marriages created before 1 January 2017, while Florida recognises those created before 1 January 1968.
All states recognise common-law marriages if a couple is married in a common-law marriage state. Under the United States Constitution, the full faith and credit clause states that states must respect other states' laws. This means that states without common-law marriage still must recognise a common-law marriage from another state, as long as the couple's relationship meets all the requirements of a common-law marriage while living in a common-law marriage state.
However, it is important to note that common-law same-sex marriages are not recognised in all states. For example, Alabama specifies that it shall not recognise common-law marriages of parties of the same sex. Arizona also states that a same-sex relationship may not be recognised by the state as being entitled to the benefits of marriage.
The recognition of same-sex marriages has been a contentious issue in the United States, with some states seeking to ban or restrict these marriages. In 2013, the Supreme Court's ruling in United States v. Windsor required the Federal Government to treat lawfully married same-sex couples equally with lawfully married opposite-sex couples. Later, Congress passed the Respect for Marriage Act, which codified the right to same-sex and interracial marriages. However, this law does not prohibit states from taking steps to ban or restrict same-sex marriage.
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Supreme Court rulings on same-sex marriage
In the United States, same-sex marriage is not recognized as a common-law marriage in some states. For example, Alabama explicitly states that it will not recognize same-sex marriages performed in other jurisdictions as valid. Arizona, Arkansas, and Alaska also have laws that invalidate same-sex marriages.
However, in June 2013, the Supreme Court's ruling in United States v. Windsor required the Federal Government to treat lawfully married same-sex couples equally with lawfully married opposite-sex couples. This was a significant step forward, as same-sex married couples previously faced severe disadvantages due to the Federal Government's non-recognition of their marriages.
In 2015, the Supreme Court's landmark decision in Obergefell v. Hodges ruled that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. This ruling required all 50 states, the District of Columbia, and US-governed territories to perform and recognize same-sex marriages, granting them equal rights and responsibilities as opposite-sex couples. This decision overturned the Sixth Circuit's ruling in Baker v. Nelson, which had found state-level bans on same-sex marriage to be constitutional.
The Obergefell v. Hodges ruling was preceded by a series of district court rulings in favor of same-sex marriage. In March 2014, US District Court Judge Bernard Friedman ruled that Michigan's laws prohibiting same-sex marriage were unconstitutional. In February 2014, plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases, which eventually culminated in the Obergefell v. Hodges case.
Despite these rulings, Republican lawmakers in recent years have backed ballot measures seeking to undermine the right of same-sex couples to marry. Measures to reverse the Obergefell decision have been introduced in several states, and lawmakers in other states have introduced bills that would create a "covenant marriage" category for one man and one woman.
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Impact of same-sex marriage bans
Same-sex marriage bans in the US have had a significant impact on the rights, benefits, and recognition of same-sex couples.
Prior to the legalisation of same-sex marriage at the state level, which began in 2004 with Massachusetts, same-sex couples faced severe disadvantages due to a lack of recognition from the federal government. This resulted in their ineligibility for various benefits, including spousal and survivor social security benefits, federal employment benefits, immigration benefits, and others. The legal status of same-sex marriage was determined by individual states, with some recognising it while others had bans in place, creating a complex and inconsistent landscape for same-sex couples across the country.
The Supreme Court's ruling in Obergefell v. Hodges in 2015 ended the legal complications surrounding same-sex marriage by ordering states to perform and recognise these marriages. This ensured that married same-sex couples gained access to federal benefits and equal treatment under the law.
However, the impact of same-sex marriage bans still persists in some states. As of 2025, 32 states have constitutional or legislative bans on marriage equality, which are currently unenforceable due to the Obergefell ruling. Republican lawmakers have backed measures to undermine same-sex couples' right to marry, and there have been attempts to introduce bills that would create a "covenant marriage" category for heterosexual couples only. These efforts demonstrate a continued opposition to same-sex marriage and a desire to restrict the rights of LGBTQ+ individuals.
The bans have also been linked to negative health outcomes for the LGBTQ+ community. Studies have shown that the passage of state bans on same-sex marriage contributed to an increase in HIV/AIDS infection rates. Additionally, mental health outcomes for gays and lesbians are impacted by such bans, with laws effectively communicating that "you are not welcome here, your relationships are not valued." The stress and stigma associated with these bans can lead to adverse mental health consequences and a reluctance to seek healthcare, as evidenced by a decrease in health clinic visits by gay men in Massachusetts following the legalization of same-sex marriage.
The impact of same-sex marriage bans in the US has been far-reaching, affecting the legal recognition, benefits, and overall well-being of LGBTQ+ individuals. While there have been significant strides towards marriage equality, ongoing efforts to challenge or restrict same-sex marriage rights highlight the continued vulnerability of this community to legal and social discrimination.
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Same-sex marriage rights and benefits
The history of same-sex marriage in the United States dates back to 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 into the public eye. Despite this early push, same-sex marriage remained a deeply unpopular issue for many years. In 1988, only about 1 in 10 US adults supported the right of gay couples to marry.
The politics of same-sex marriage began to shift in the 1990s. In 1993, the Hawaii Supreme Court's decision in Baehr v. Miike suggested that the state's prohibition of same-sex marriage might be unconstitutional, prompting efforts at both the federal and state levels to restrict marriage to male-female couples. This included the enactment of the Defense of Marriage Act (DOMA) in 1996, which defined marriage as between one man and one woman.
In 2004, Massachusetts became the first US state to legalize same-sex marriage, and public opinion began to shift more significantly in favor of same-sex marriage rights. In June 2013, the Supreme Court's ruling in United States v. Windsor required the federal government to treat lawfully married same-sex couples equally with opposite-sex couples, granting federal recognition of same-sex marriage and associated benefits.
Two years later, in June 2015, the Supreme Court's landmark ruling in Obergefell v. Hodges guaranteed the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, protected by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This ended all interstate legal complications, requiring states to perform and recognize same-sex marriages. As a result, married same-sex couples gained equal access to federal benefits, including Social Security, veterans' benefits, health insurance, hospital visitation rights, estate taxes, and immigration law considerations.
Despite these advancements, the battle for same-sex marriage rights continues. In 2025, Republican lawmakers backed ballot measures in several states to undermine the right to same-sex marriage, and support among Republicans has declined in recent years. However, public support for same-sex marriage overall has increased since the 2015 ruling, with a recent Gallup poll showing higher overall support than in 2015, despite a growing partisan gap.
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Frequently asked questions
Yes, same-sex marriage became legal in all US states on June 26, 2015, following the Supreme Court decision in Obergefell v. Hodges.
The ruling granted same-sex couples in all 50 states the right to full, equal recognition under the law. This meant that same-sex couples could marry and enjoy the same benefits as opposite-sex couples, such as spousal and survivor Social Security benefits.
The ruling was based on the argument that "the right to marry is a fundamental right inherent in the liberty of the person". Expert witness Ilan Meyer testified that the mental health outcomes for gays and lesbians would improve if discriminatory laws did not exist.
Opposition to same-sex marriage is often based on claims that homosexuality is unnatural and abnormal, and that children are better off when raised by opposite-sex couples. Some also argue that the word "marriage" has always been defined as the union of a man and a woman.
Common-law marriage is only recognized in a few US states and is typically defined as a marriage without a formal ceremony. Some states explicitly prohibit same-sex common-law marriages, such as Alabama and Arizona. However, in states that recognize common-law marriages, same-sex couples may be able to enter into such a marriage as long as they fulfill the specific requirements of that state or jurisdiction.
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