Same-sex marriage law in the United States by state

List of U.S. state and territorial statutes banning same-sex unions

Constitutional bans on same-sex unions types US

Same-sex marriage law in the United States by state refers to the legal status of same-sex marriage in each state of the United States. The recognition of same-sex marriage has been a contentious issue in the U.S., with various states adopting different laws and policies over the years. The landscape of same-sex marriage laws has changed significantly due to court rulings, legislative actions, and referendums. This article provides an overview of the evolution and current status of same-sex marriage laws across the United States.

History

The history of same-sex marriage in the United States can be traced back to the early 1970s when the first lawsuits seeking legal recognition of same-sex marriages were filed. However, it was not until the 21st century that significant legal progress was made. The landmark case of Obergefell v. Hodges in 2015, decided by the Supreme Court of the United States, mandated the recognition of same-sex marriage across all fifty states, the District of Columbia, and U.S. territories.

Before the Obergefell decision, states varied widely in their treatment of same-sex marriages. Massachusetts became the first state to legalize same-sex marriage in 2004 following the Goodridge v. Department of Public Health decision. Over the next decade, through a combination of court decisions, legislative actions, and referendums, same-sex marriage became legal in several states.

State-by-State Overview

Following the Obergefell v. Hodges decision, all U.S. states are required to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other jurisdictions. However, the path to this uniformity was marked by a diverse range of legal landscapes across different states.

Before Obergefell

Prior to the Obergefell decision, states could be categorized into three main groups:

• States that legalized same-sex marriage through legislative measures, court decisions, or referendums.
• States that recognized same-sex marriages performed in other states but did not perform them.
• States that neither performed nor recognized same-sex marriages.

After Obergefell

The Obergefell v. Hodges decision unified the legal status of same-sex marriage across the United States, but reactions and the speed of implementation varied. Some states that had bans on same-sex marriage in their constitutions or statutes removed these provisions, while others were slower to act, requiring further legal action to enforce compliance.

Current Legal Status

As of the last update, same-sex marriage is legal and recognized in all fifty states, the District of Columbia, and U.S. territories. This means that same-sex couples have the same rights to marry as opposite-sex couples, including the rights to legal benefits, inheritance, and adoption.

Challenges and Future Directions

Despite the legal recognition of same-sex marriage nationwide, challenges remain. Some states have attempted to pass laws that could limit the rights of LGBTQ+ individuals, including those related to marriage. Advocates for LGBTQ+ rights continue to work towards not only protecting marriage equality but also addressing broader issues of discrimination and equality.

See Also

• LGBT rights in the United States
• Civil union in the United States
• Domestic partnership in the United States
• History of same-sex marriage in the United States