Same-Sex Marriage by State 2026

Same-Sex Marriage Legal Status in the United States

Same-sex marriage is legal nationwide in the United States following the 2015 Supreme Court decision in Obergefell v. Hodges, which guarantees the right to marry regardless of gender in all states.

While all states must recognize and allow same-sex marriages, some still have constitutional or statutory bans on the books. These laws are no longer enforceable but remain part of state legal codes unless formally repealed.

States with No Same-Sex Marriage Ban

Some states do not have any constitutional or statutory bans on same-sex marriage in their legal codes. In these states, marriage laws are fully aligned with current federal protections.

States in this category include California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, and Washington.

States with Same-Sex Marriage Bans (Unenforceable)

Many states still have same-sex marriage bans written into their constitutions or statutes, even though these laws cannot be enforced under federal law. These bans remain in place unless formally repealed by state legislatures or voters.

States in this category include Iowa, Colorado, Indiana, Pennsylvania, West Virginia, Wyoming, Nebraska, Oregon, Virginia, Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wisconsin.

Same-Sex Marriage Rates by State

Same-sex marriages make up a small but measurable share of total marriages across the United States, with notable variation by state. In most states, same-sex marriages account for roughly 1% to 2% of all married couples.

Some of the highest shares are found in the District of Columbia (5.96%), Delaware (2.34%), Vermont (2.11%), and Nevada (1.98%). On the lower end, states such as North Dakota (0.26%), South Dakota (0.59%), and Iowa (0.64%) have smaller shares, reflecting regional and demographic differences across the country.

Same-Sex Cohabiting Households by State

Same-sex cohabiting households provide another view of how same-sex couples are distributed across the country, including those who are not married. These households are present in every state but tend to be more concentrated in larger and more urban populations.

States with the highest totals include California, Texas, Florida, and New York, each with tens of thousands of same-sex cohabiting households. Smaller states such as Wyoming, South Dakota, and Alaska report much lower totals, reflecting overall population size rather than differences in legality or acceptance.