Kara Sears
The legalization of same-sex marriage, also known as gay marriage, has been a topic of contention in recent years, with social science research indicating that excluding same-sex couples from marriage invites public discrimination against them. As of 2025, same-sex marriage is legally recognized in 38 countries, with a growing number of countries revising their marriage laws to include gender-neutral language. In the United States, the legalization of same-sex marriage has had a positive economic impact, and gay couples in common-law marriages may be eligible for Social Security benefits. However, some states in the US no longer recognize common-law marriages, and the precise requirements to prove such a marriage vary from state to state.
| Characteristics | Values |
|---|---|
| Number of countries where same-sex marriage is legally recognized | 38 |
| Population covered by the above countries | 1.5 billion people (20% of the world's population) |
| Notable exceptions | Italy, Japan, South Korea, the Czech Republic |
| Number of countries with constitutional amendments against same-sex marriage | 35 |
| Social Security benefits for common-law marriages | Available in some states |
| Common-law marriage recognition | Only 9 states (plus Washington, D.C.) legally permit common-law marriages |
| Economic impact of same-sex marriage legalization | $3.8 billion boost to state and local economies |
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What You'll Learn
- Gay couples in common-law marriages may be eligible for Social Security benefits
- Common law marriages are only recognised in nine US states
- Same-sex marriage is legal in 38 countries, with a population of 1.5 billion
- Common law marriages are formed by an express agreement of both parties
- Common law marriages are recognised in other states if contracted in a state that recognises them
Gay couples in common-law marriages may be eligible for Social Security benefits
The Social Security Administration (SSA) follows state law in determining the validity of common-law marriages. As of 2022, only nine states plus Washington, D.C., legally permit new common-law marriages, while over a dozen states recognize common-law marriages established before the practice was abolished in their state. To be eligible for Social Security benefits based on a spouse's earnings record, the marriage typically must have lasted a certain duration, although exceptions exist.
The U.S. Supreme Court's decision in Obergefell v. Hodges (2015) legalized same-sex marriage and affirmed the constitutional right of same-sex couples to civil marriage on equal terms as opposite-sex couples. This decision has been applied retroactively to common-law marriages established before 2015, ensuring that same-sex couples' valid common-law marriages are recognized.
The recognition of same-sex common-law marriages and their eligibility for Social Security benefits vary depending on the state. Couples must meet specific criteria, such as living in a state that recognizes common-law marriage and fulfilling the legal capacity to marry. If a couple moves to another state after establishing a common-law marriage in a recognizing state, their new state of residence must also acknowledge their marriage.
The legalization of same-sex marriage and the recognition of common-law marriages for gay couples have been significant steps toward equality and the provision of relevant government services and legal protections for same-sex couples. Social science research indicates that excluding same-sex couples from marriage invites public discrimination and stigmatization, impacting their financial, psychological, and physical well-being.
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Common law marriages are only recognised in nine US states
The recognition of common-law marriages varies across the United States. As of 2022, only nine states (plus Washington, D.C.) legally permit couples to establish new common-law marriages. However, more than a dozen other states will recognize common-law marriages if they were established before the practice was abolished in that state. This means that same-sex couples in these nine states can enter into a common-law marriage on the same terms as opposite-sex couples, as required by the U.S. Supreme Court decision in Obergefell v. Hodges.
In the past, same-sex couples may have faced challenges in proving the existence of a common-law marriage, as some traditional evidence, such as joint tax returns or listing partners as "spouses" on official records, was not available to them when same-sex marriage was illegal. Nevertheless, courts have recognised that same-sex couples can provide other evidence to establish their marital relationship, such as testimony regarding their exchange of words in the present tense expressing their intention to marry.
The recognition of common-law marriages is particularly relevant for same-sex couples seeking Social Security benefits based on their spouse's earning records. While gay couples in common-law marriages may be eligible for these benefits, they must first prove that they had a valid, legally recognised common-law marriage. This may involve consulting an attorney familiar with the specific requirements and laws in the relevant jurisdiction, as these can vary from state to state.
In Canada, the situation is somewhat different. While same-sex marriage is now legal across the country, each province regulates its own laws for common-law couples' property rights. For example, in British Columbia, the Family Law Act provides the same property rights for married couples and common-law spouses, regardless of sexual orientation. However, unmarried spouses, or "common-law" couples, must meet the basic requirement of living in a "marriage-like relationship" for two years before these legal rights apply.
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Same-sex marriage is legal in 38 countries, with a population of 1.5 billion
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2025, same-sex marriage is legally recognised in 38 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdiction to legalise same-sex marriage is Thailand, which became the first country in Asia to do so.
The legalisation of same-sex marriage has been achieved through legislative change to marriage laws, court rulings based on constitutional guarantees of equality, recognition that marriage laws allow for same-sex couples, and direct popular vote. The first law providing for marriage equality was passed in the Netherlands in 2000 and took effect in 2001. Since then, same-sex marriage has been established by law in 37 other countries, including most of the Americas and Western Europe.
The spread of same-sex marriage recognition has been uneven, with South Africa being the only country in Africa to legalise it, and Taiwan and Thailand being the only countries in Asia to do so. Same-sex marriage is legally recognised in a large majority of the world's developed countries, with notable exceptions including Italy, Japan, South Korea, and the Czech Republic.
Social science research indicates that excluding same-sex couples from marriage stigmatises and invites public discrimination against gay and lesbian people. Scientific literature also indicates that children benefit from being raised by two parents within a legally recognised union, and that there is no evidence that lesbian and gay parents are any less capable than heterosexual parents.
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Common law marriages are formed by an express agreement of both parties
Common-law marriage, also known as non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a marriage that occurs when two people who are legally capable of being married, and who intend to be married, live together as a married couple and hold themselves out to the world as a married couple. This means that the couple agrees to consider themselves married and cohabit, rather than going through a statutorily defined process.
The original concept of a "common-law" marriage is one that is considered valid by both partners but is not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service. In essence, when a couple represents themselves to others as being married and organizes their relationship as if they were married, they are married.
In ancient Greece and Rome, marriages were private agreements between individuals and estates. Community recognition of a marriage was largely what qualified it as a marriage, and civil and religious officials typically took no part in marriage ceremonies and did not keep registries. In medieval Europe, marriage came under the jurisdiction of canon law, which recognized as a valid marriage one in which the parties stated that they took one another as husband and wife, even in the absence of any witnesses.
Today, only nine states (plus Washington, D.C.) legally permit couples to establish new common-law marriages. However, same-sex common-law marriages are now recognized in Texas, and more than a dozen other states will recognize common-law marriages if they were established before the practice was abolished in that state.
In terms of gay marriage, also known as same-sex marriage, this is the marriage of two people of the same legal sex. As of 2025, marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% of the world's population). Same-sex marriage is supported by the world's major medical and scientific communities, human rights and civil rights organizations, and some progressive religious groups. Social science research indicates that excluding same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people.
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Common law marriages are recognised in other states if contracted in a state that recognises them
As of 2022, only nine states (plus Washington, D.C.) legally permit couples to establish new common-law marriages. However, a common-law marriage contracted in a state that recognizes such marriages will be recognized in other states under principles of comity. This is true for both heterosexual and same-sex couples.
In the case of Obergefell v. Hodges, the U.S. Supreme Court held that same-sex couples have a constitutional right to "civil marriage on the same terms and conditions as opposite-sex couples." This means that same-sex couples are entitled to have their valid common-law marriages recognized. For example, in Pennsylvania, a same-sex common-law marriage will be recognized if it was contracted before January 1, 2005, even though Pennsylvania did not recognize same-sex marriages until May 20, 2014.
While the precise requirements to prove a common-law marriage may vary from state to state, generally, evidence and testimony are taken regarding the exchange of words in the present tense that the couple wished to establish a marriage with each other and other evidence that the couple held themselves out or acted as a married couple publicly. Prolonged cohabitation alone is not indicative of a common-law marriage.
Same-sex couples in common-law marriages may be eligible for Social Security benefits based on their spouse's earning records, just like heterosexual couples. However, they will need to prove that they had a valid, legally recognized common-law marriage, which may be challenging if their relationship was established at a time when same-sex marriage was illegal. For example, they may not have been able to file joint tax returns or list their partners as their "spouse" on official records. Nevertheless, other evidence can be provided to show when the couple first established a marital relationship, and the Social Security Administration will recognize a same-sex common-law marriage if it was first established in a state that recognized common-law marriage in general.
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Frequently asked questions
As of 2022, only nine states (plus Washington, D.C.) legally permit couples to establish new common-law marriages. Gay couples in common-law marriages may be eligible for Social Security benefits based on their spouse's earning records.
A common-law marriage is a marriage by express agreement of the parties by words uttered in the present tense for the purpose of establishing a marriage where the couple subsequently holds themselves out as married.
While the precise requirements to prove a common-law marriage may vary from state to state, generally, evidence and testimony regarding the exchange of words in the present tense are taken, indicating that the couple wished to establish a marriage with each other and other evidence that the couple held themselves out or acted as a married couple publicly.
