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Same Sex Marriage States 2024
Same-sex marriage is the marriage of people of the same sex or gender. While same-sex marriage is legal in many countries it is still a debate in many places around the world. The first lawsuits involving same-sex marriage, also called gay marriage, started in the 1970s, bringing the question of civil marriage rights for same-sex couples to public attention. Many of these lawsuits were unsuccessful. On February 12, 2004, the first same-sex marriage in the United States happened in San Francisco, California. Del Martin and Phyllis Lyon become the first gay couple to marry and receive official recognition after being together for 50 years.
On May 17, 2004, Massachusetts became the first state and sixth jurisdiction in the world to legalize same-sex marriage. Following this, opponents of same-sex marriage began tightening marriage restrictions, with several states approving state constitutional amendments specifically defining marriage as the union of one man and one woman.
In 2008, California and Connecticut both legalized same-sex marriage, followed by Iowa, Vermont, and New Hampshire. Up until 2012, legalization came through state courts, the enactment of state legislation, or the result of the decisions of federal courts. On November 6, 2012, Maine, Maryland and Washington became the first states to legalize same-sex marriage through popular vote.
On June 26, 2015, in the landmark civil rights case Obergefell v. Hodges, the Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. However, not all state legislatures are abiding by this decision and have enacted constitutional or statutory bans on same-sex marriage, known as the “Defense of Marriage” Acts. Thirteen of the 50 U.S. states still have a ban on same-sex marriage; however, because of Obergefell v. Hodges, these laws are null and void.
Same-Sex Marriage by State
The following 13 states have not legalized same-sex marriage: Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee, and Texas. Thirty-seven states have legalized gay marriage, with restrictions in Kansas, Missouri, and Alabama.
The following 37 states (and the District of Columbia) have legalized same-sex marriage: Alabama (2015), Alaska (2014), Arizona (2014), California (2008), Colorado (2014), Connecticut (2008), Delaware (2013), District of Columbia (2010), Florida (2014), Hawaii (2013), Idaho (2014), Illinois (2014), Indiana (2014), Iowa (2009), Kansas (2015), Maine (2012), Maryland (2012), Massachusetts (2004), Minnesota (2013), Montana (2014), Nevada (2014), New Hampshire (2010), New Jersey (2013), New Mexico (2013), New York (2011), North Carolina (2014), Oklahoma (2014), Oregon (2014), Pennsylvania (2014), Rhode Island (2013), South Carolina (2014), Utah (2014), Vermont (2009), Virginia (2014), Washington (2012), West Virginia (2014), Wisconsin (2014), and West Virginia (2014).
- As of 2023, all 50 states extend marriage equality to same-sex couples.
- A majority of states still have laws which ban marriage for same-sex couples via either a legal statute, a constitutional amendment, or both. These state bans are currently rendered unenforceable by the 2015 Federal Supreme Court case Obergefell, which established marriage equality nationwide.
- Just over 25% of states have specifically legalized same-sex marriages through a comprehensive civil union or domenstic partnership law.
- A small number of states have established targeted religious exemptions, such as allowing faith-based organizations to deny services to same-sex couples based upon the organization's religious beliefs.
State | Year Passed | State Bans | Comprehensive Civil Union Or Domestic Partnership Law |
|---|---|---|---|
| Alabama | 2015 | Banned by constitution and statute | |
| Alaska | 2014 | Banned by constitution and statute | |
| Arizona | 2014 | Banned by constitution and statute | |
| Arkansas | 2015 | Banned by constitution and statute | |
| California | 2013 | Banned by constitution | Has comprehensive civil union or domenstic partnership law. |
| Colorado | 2014 | Banned by constitution and statute | Civil unions became legal in 2013. Has comprehensive civil union or domenstic partnership law. |
| Connecticut | 2008 | Not banned | |
| Delaware | 2013 | Not banned | |
| District of Columbia | 2010 | Not banned | Domestic partnerships recognized starting in 2006. Has comprehensive civil union or domenstic partnership law. |
| Florida | 2015 | Banned by constitution and statute | |
| Georgia | 2015 | Banned by constitution and statute | |
| Hawaii | 2013 | Banned by constitution | Has comprehensive civil union or domenstic partnership law. |
| Idaho | 2014 | Banned by constitution and statute | |
| Illinois | 2013 | Not banned | Civil unions became legal in 2011. Has comprehensive civil union or domenstic partnership law. |
| Indiana | 2014 | Banned by statute | |
| Iowa | 2009 | Banned by statute | |
| Kansas | 2015 | Banned by constitution and statute | Allows religious exemptions: Faith-based organizations may deny services to married same-sex couples. |
| Kentucky | 2015 | Banned by constitution and statute | |
| Louisiana | 2015 | Banned by constitution and statute | |
| Maine | 2012 | Not banned | |
| Maryland | 2012 | Not banned | |
| Massachusetts | 2004 | Not banned | |
| Michigan | 2015 | Not banned | |
| Minnesota | 2013 | Banned by constitution and statute | |
| Mississippi | 2015 | Banned by constitution and statute | Allows religious exemptions: A 2016 law (H.B. 1523) permited state officials to decline to marry couples of whose marriage they disapprove.It was overturned by a federal court and is stayed from enforcement as of 2023. |
| Missouri | 2015 | Banned by constitution and statute | |
| Montana | 2014 | Banned by constitution and statute | |
| Nebraska | 2015 | Banned by constitution | |
| Nevada | 2014 | Not banned | Civil unions became legal in 2009. Has comprehensive civil union or domenstic partnership law. |
| New Hampshire | 2010 | Not banned | |
| New Jersey | 2013 | Not banned | Civil unions became legal in 2007. Has comprehensive civil union or domenstic partnership law. |
| New Mexico | 2013 | Not banned | |
| New York | 2011 | Not banned | |
| North Carolina | 2014 | Banned by constitution and statute | Allows religious exemptions: State officials to decline to marry couples of whose marriage they disapprove. |
| North Dakota | 2015 | Banned by constitution and statute | |
| Ohio | 2015 | Banned by constitution and statute | |
| Oklahoma | 2014 | Banned by constitution and statute | |
| Oregon | 2014 | Banned by constitution | Domestic partnerships recognized starting in 2008. Out-of-state marriages recognized in 2013.Has comprehensive civil union or domenstic partnership law. |
| Pennsylvania | 2014 | Banned by statute | |
| Rhode Island | 2013 | Not banned | |
| South Carolina | 2014 | Banned by constitution and statute | |
| South Dakota | 2015 | Banned by constitution and statute | |
| Tennessee | 2015 | Banned by constitution and statute | |
| Texas | 2015 | Banned by constitution and statute | |
| Utah | 2014 | Banned by constitution and statute | |
| Vermont | 2009 | Not banned | |
| Virginia | 2014 | Banned by constitution | |
| Washington | 2012 | Not banned | |
| West Virginia | 2014 | Banned by statute | |
| Wisconsin | 2014 | Banned by constitution and statute | |
| Wyoming | 2014 | Banned by statute |