Gay Marriage by State 2026

Married Couples

State	Legal Protection↓	Same-Sex Marriage Ban Status	Date Same-Sex Marriage Legalized	Additional Details
California	State and Federal	Has comprehensive civil union or domestic partnership law.	June 28, 2013	California law provides domestic partnerships that grant nearly all state-level spousal rights, including tax, inheritance, medical decision-making, and benefits, creating a legal recognition framework alongside marriage.
Colorado	State and Federal	Has comprehensive civil union or domestic partnership law.	October 7, 2014	Colorado repealed the statutory definition limiting marriage to one man and one woman, leaving marriage governed by the U.S. Supreme Court ruling in Obergefell v. Hodges (2015), which guarantees same-sex marriage rights nationwide.
Florida	State and Federal	Banned by constitution and statute	January 6, 2015
Illinois	State and Federal	Has comprehensive civil union or domestic partnership law.	June 1, 2014	Same-sex marriage has been fully legal in Illinois since 2014 under the Religious Freedom and Marriage Fairness Act, which converted civil unions into full marriage equality and grants same-sex couples full state-level marriage rights. Illinois also previously allowed civil unions (since 2011), which provided many of the same legal protections before full marriage recognition.
Maine	State and Federal	Has comprehensive civil union or domestic partnership law.	December 29, 2012	Same-sex marriage has been fully legal in Maine since 2012 after voters approved Question 1, restoring marriage equality and allowing same-sex couples to legally marry under state law. Maine previously passed and then repealed a 2009 marriage equality law before permanent legalization was established through the 2012 ballot initiative.
Maryland	State and Federal	Has comprehensive civil union or domestic partnership law.	January 1, 2013	Same-sex marriage has been legal in Maryland since 2013 under the Civil Marriage Protection Act, which grants same-sex couples full civil marriage rights at the state level. The law was supported through both legislative approval and voter referendum, confirming statewide legal and public endorsement of marriage equality.
Nevada	State and Federal	Has comprehensive civil union or domestic partnership law.	October 9, 2014	Same-sex marriage has been legal in Nevada since 2014 at the state level, granting same-sex couples the right to marry following legal and public shifts in support confirmed by court interpretation and state policy changes. State constitutional barriers were effectively invalidated through federal equal protection standards, and Nevada subsequently aligned its laws to permit marriage equality.
New Jersey	State and Federal	Has comprehensive civil union or domestic partnership law.	October 21, 2013	Same-sex marriage has been legal in New Jersey since 2013 following a court ruling that invalidated the state's restriction on marriage equality and led to issuance of marriage licenses to same-sex couples. The state subsequently maintained marriage equality at the state level, despite ongoing legislative attempts to define marriage as between one man and one woman.
Oregon	State and Federal	Has comprehensive civil union or domestic partnership law.	May 19, 2014	Same-sex marriage has been legal in Oregon since 2014 following a federal court ruling that struck down the state's constitutional ban as violating due process and equal protection rights. Oregon had already recognized same-sex marriages performed in other states since 2013, and marriage equality took immediate effect statewide after the ruling.
Alabama	Federal	Banned by constitution and statute	February 9, 2015
Alaska	Federal	Banned by constitution and statute	October 17, 2014
Arizona	Federal	Banned by constitution and statute	October 17, 2014
Arkansas	Federal	Banned by constitution and statute	June 26, 2015
Connecticut	Federal	Not banned	November 12, 2008
Delaware	Federal	Not banned	July 1, 2013
Georgia	Federal	Banned by constitution and statute	June 26, 2015
Hawaii	Federal	Has comprehensive civil union or domestic partnership law.	December 2, 2013	Same-sex marriage has been fully legal in Hawaii since 2013 under the Hawaii Marriage Equality Act, which grants same-sex couples full state-level marriage rights. In addition, Hawaii recognizes civil unions that provide the same legal rights, benefits, and responsibilities as marriage under state law.
Idaho	Federal	Banned by constitution and statute	October 13, 2014
Indiana	Federal	Banned by statute	October 6, 2014
Iowa	Federal	Banned by statute but protected by court order	April 24, 2009
Kansas	Federal	Banned by constitution and statute	November 12, 2014	Allows religious exemptions: Faith-based organizations may deny services to married same-sex couples.
Kentucky	Federal	Banned by constitution and statute	June 26, 2015
Louisiana	Federal	Banned by constitution and statute	June 26, 2015
Massachusetts	Federal	Not banned	May 17, 2014
Michigan	Federal	Banned by constitution and statute	June 26, 2015
Minnesota	Federal	Not banned	August 1, 2013
Mississippi	Federal	Banned by constitution and statute	June 26, 2015	Allows religious exemptions: A 2016 law (H.B. 1523) permitted 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	Federal	Banned by constitution and statute	June 26, 2015
Montana	Federal	Banned by constitution and statute	November 19, 2014
Nebraska	Federal	Banned by constitution	June 26, 2015
New Hampshire	Federal	Not banned	January 1, 2010
New Mexico	Federal	Not banned	December 19, 2013
New York	Federal	Not banned	July 24, 2011
North Carolina	Federal	Banned by constitution and statute	October 10, 2014	Allows religious exemptions: State officials to decline to marry couples of whose marriage they disapprove.
North Dakota	Federal	Banned by constitution and statute	June 26, 2015
Ohio	Federal	Banned by constitution and statute	June 26, 2015
Oklahoma	Federal	Banned by constitution and statute	October 6, 2014
Pennsylvania	Federal	Banned by statute	May 20, 2014
Rhode Island	Federal	Not banned	August 1, 2013
South Carolina	Federal	Banned by constitution and statute	November 20, 2014
South Dakota	Federal	Banned by constitution and statute	June 26, 2015
Tennessee	Federal	Banned by constitution and statute	June 26, 2015
Texas	Federal	Banned by constitution and statute	June 26, 2015
Utah	Federal	Banned by constitution and statute	October 6, 2014
Vermont	Federal	Not banned	September 1, 2009
Virginia	Federal	Banned by constitution	October 6, 2014
Washington	Federal	Not banned	December 9, 2012
West Virginia	Federal	Banned by statute	October 9, 2014
Wisconsin	Federal	Banned by constitution and statute	October 6, 2014
Wyoming	Federal	Banned by statute	October 21, 2014
District of Columbia	District and Federal	Has comprehensive civil union or domestic partnership law.	March 3, 2010	Same-sex marriage has been legal in the District of Columbia since 2010, following the passage of the Religious Freedom and Civil Marriage Equality Amendment Act, which allowed same-sex couples to marry and receive full marriage rights at the district level. In addition, D.C. had already recognized domestic partnerships and out-of-jurisdiction same-sex marriages with many marriage-equivalent rights, reinforcing a broader legal framework for relationship recognition.

The 2015 Federal Supreme Court case Obergefell v. Hodges established marriage equality nationwide. This ruling superceded state-level laws, thereby legalizing same-sex marriage across the entire United States.
A majority of states still have laws—currently unenforceable due to Obergefell—which use either a legal statute, a constitutional amendment, or both to ban marriage between same-sex couples.
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.
If Obergefell were overturned, these state-level bans, legalizations, and exemptions would enter into effect.

Gay marriage, also known as same-sex marriage, is the marriage of people of the same sex or gender.

In 1970, a same-sex couple in Minnesota applied for a marriage license and was denied. The case was brought to the Minnesota Supreme Court and brought the question of civil marriage rights for same-sex couples to the public attention. Unfortunately, many of these early cases were unsuccessful. Gay marriages made progress in the 1980s, when Berkeley, California, passes the country’s first domestic partnership law. In 1987, the first mass same-sex wedding ceremony took place on the National Mall, where almost 2,000 same-sex couples were married. In 1989, court rulings in New York and California defined same-sex couples as families.

Massachusetts became the first state to legalize gay marriage in 2003. California and Connecticut legalized gay marriage in 2008, followed by Iowa, Vermont, and New Hampshire. Legalization came through state courts, the enactment of state legislation, or the result of the decisions of federal courts until 2012. On November 6, 2012, Maine, Maryland, and Washington became the first states to legalize gay marriage through a popular vote. On June 26, 2015, in the landmark case of Obergefell vs. Hodges, the Supreme Court ruled that it is unconstitutional for states to ban same-sex marriages. Despite this, not all states are abiding and have enacted constitutional or statutory bans on gay marriage known as “Defense of Marriage” acts.

Gay Marriage by State

As of 2020, 37 U.S. states and the District of Columbia have legalized gay marriage. Alabama, Missouri, and Alabama have done so with restrictions. Thirteen U.S. states have a ban on same-sex marriage; however, eight of these states have court rulings in favor of allowing same-sex marriage. In the 2020 election, Nevada became the first state to recognize gay marriage in a state constitution. The ballot question asked voters if they support an amendment recognizing marraige “as between couples regardless of gender.”

Below are the states that have legalized gay marriage in the order in which they legalized. Dates are of the enactment or ruling. The following states have not legalized gay marriage:

Alabama
Arkansas
Georgia
Kentucky
Louisiana
Michigan
Mississippi
Missouri
Nebraska
North Dakota
Ohio
South Dakota
Tennessee
Texas

Gay Marriage by State 2026

Gay Marriage by State

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