Relationships
Same-Sex Marriage by State 2025
Same-Sex Marriage Ban Status
Banned by constitution
Banned by constitution and statute
Banned by statute
Banned by statute but protected by court order
Not banned
State | Same-Sex Marriage Ban Status↑ | Date Same-Sex Marriage Legalized | Domestic Partnership Law | |
|---|---|---|---|---|
 | Nebraska | Banned by constitution | June 26, 2015 | |
 | Oregon | Banned by constitution | May 19, 2014 | Has comprehensive civil union or domenstic partnership law. |
 | Virginia | Banned by constitution | October 6, 2014 | |
 | Alabama | Banned by constitution and statute | February 9, 2015 | |
 | Alaska | Banned by constitution and statute | October 17, 2014 | |
 | Arizona | Banned by constitution and statute | October 17, 2014 | |
 | Arkansas | Banned by constitution and statute | June 26, 2015 | |
 | Florida | Banned by constitution and statute | January 6, 2015 | |
 | Georgia | Banned by constitution and statute | June 26, 2015 | |
 | Idaho | Banned by constitution and statute | October 13, 2014 | |
 | Kansas | Banned by constitution and statute | November 12, 2014 | Allows religious exemptions: Faith-based organizations may deny services to married same-sex couples. |
 | Kentucky | Banned by constitution and statute | June 26, 2015 | |
 | Louisiana | Banned by constitution and statute | June 26, 2015 | |
 | Michigan | Banned by constitution and statute | June 26, 2015 | |
 | Mississippi | Banned by constitution and statute | June 26, 2015 | 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 | Banned by constitution and statute | June 26, 2015 | |
 | Montana | Banned by constitution and statute | November 19, 2014 | |
 | North Carolina | 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 | Banned by constitution and statute | June 26, 2015 | |
 | Ohio | Banned by constitution and statute | June 26, 2015 | |
 | Oklahoma | Banned by constitution and statute | October 6, 2014 | |
 | South Carolina | Banned by constitution and statute | November 20, 2014 | |
 | South Dakota | Banned by constitution and statute | June 26, 2015 | |
 | Tennessee | Banned by constitution and statute | June 26, 2015 | |
 | Texas | Banned by constitution and statute | June 26, 2015 | |
 | Utah | Banned by constitution and statute | October 6, 2014 | |
 | Wisconsin | Banned by constitution and statute | October 6, 2014 | |
 | Colorado | Banned by statute | October 7, 2014 | Has comprehensive civil union or domenstic partnership law. |
 | Indiana | Banned by statute | October 6, 2014 | |
 | Pennsylvania | Banned by statute | May 20, 2014 | |
 | West Virginia | Banned by statute | October 9, 2014 | |
 | Wyoming | Banned by statute | October 21, 2014 | |
 | Iowa | Banned by statute but protected by court order | April 24, 2009 | |
 | California | Not banned | June 28, 2013 | Has comprehensive civil union or domenstic partnership law. |
 | Connecticut | Not banned | November 12, 2008 | |
 | Delaware | Not banned | July 1, 2013 | |
 | District of Columbia | Not banned | March 3, 2010 | Has comprehensive civil union or domenstic partnership law. |
 | Hawaii | Not banned | December 2, 2013 | Has comprehensive civil union or domenstic partnership law. |
 | Illinois | Not banned | June 1, 2014 | Has comprehensive civil union or domenstic partnership law. |
 | Maine | Not banned | December 29, 2012 | Has comprehensive civil union or domenstic partnership law. |
 | Maryland | Not banned | January 1, 2013 | Has comprehensive civil union or domenstic partnership law. |
 | Massachusetts | Not banned | May 17, 2014 | |
 | Minnesota | Not banned | August 1, 2013 | |
 | Nevada | Not banned | October 9, 2014 | Has comprehensive civil union or domenstic partnership law. |
 | New Hampshire | Not banned | January 1, 2010 | |
 | New Jersey | Not banned | October 21, 2013 | Has comprehensive civil union or domenstic partnership law. |
 | New Mexico | Not banned | December 19, 2013 | |
 | New York | Not banned | July 24, 2011 | |
 | Rhode Island | Not banned | August 1, 2013 | |
 | Vermont | Not banned | September 1, 2009 | |
 | Washington | Not banned | December 9, 2012 |
- As of 2015, same-sex marriage is federally legal in all fifty states due to a ruling from the Supreme Court.
- 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.
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).
Sources
- Marriage and Relationship Recognition Laws - LGBT Map - Movement Advancement Project
- Coupled Households by Type - US Census Bureau
- Underneath Obergefell: A National Patchwork of Marriage Laws - Movement Advancement Project
- Same-sex marriage law in the United States by state - Wiki
- Date Same Sex Marriage Legalized By State - 1KeyData
