States that recognize same sex couples. Supreme Court 's ruling in Obergefell v.

States that recognize same sex couples. ” Jun 24, 2025 · While all states now recognize same-sex marriage for tax purposes, your legal relationship status dictates specific state filing requirements. 1998) Held that "marriage, i. Same-sex marriage in Florida became legal on January 6, 2015, as a result of a temporary injunction issued by a U. They lost in the trial court on December 19. Dec 9, 2022 · Hodges. Same-sex marriage has been legally recognized in Massachusetts since May 17, 2004, as a result of the Massachusetts Supreme Judicial Court (SJC) ruling in Goodridge v. Much of this debate stems from Vermont’s recent legislation permitting same-sex civil unions. Hodges Overview Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015. In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions. After much debate, a law permitting same-sex marriage was passed by the General Assembly (Maryland's bicameral legislature, composed of the Senate and the House of Delegates) in February 2012 DEFENSE OF MARRIAGE ACT OF 1996The Defense of Marriage Act (DOMA) (Pub. Lawsuits in Hawaii and Alaska attacking the constitutionality of prohibitions on same-sex marriage have also fueled the debate. While some states were well ahead of the curve in their gender-neutral approaches to marriage and legislation protecting same-sex couples, an overwhelming majority of states legally defined marriage as a union between one man and one woman and refused to recognize Nov 5, 2020 · Nevada voters overturned an 18-year-old ban on same-sex marriage, making the state the first to enshrine gay couples’ right to marry in its constitution. Same-sex marriage is currently legal in all The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. The Respect for Marriage Act (RFMA; H. The petitioners, 14 same-sex cou-ples and two men whose same-sex partners are deceased, filed suits in Federal District Courts in their home States, claiming that re-spondent state officials violate the Fourteenth Amendment by deny-ing them the right to marry or to have marriages lawfully There is currently a national debate over the right of lesbian and gay couples to enter into state-sanctioned marriage. Jul 5, 2011 · Now that same-sex couples have the freedom to marry in New York and their marriages will be recognized by the federal government, the NYCLU has compiled a guide to answer some frequently asked questions about the Marriage Equality Act in 2011 and the impact of the 2013 Supreme Court decision striking down the Defense of Marriage Act. Supreme Court, in United States v. This ruling required all states to issue marriage licenses to same-sex couples. Feb 7, 2025 · The Court held that the 14th Amendment requires states to allow same-sex couples to marry and to recognize marriages of same-sex couples performed outside of their home state. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the possible exception of American Samoa and some Tribal Nations. appeal from the United States Court of Appeals for the Sixth Circuit, which had reversed the judgment of the federal district courts that had heard the cases and held a state had no constitutional obligation to license same-sex marriage or to recognize same-sex marriages performed out of state. Nov 30, 2022 · Next, it prohibits states from refusing to recognize same-sex marriages that are validly entered into in a different state. Nov 14, 2024 · Challenges for Same-Sex Couples in Alabama Same-sex couples in Alabama confront a complex array of legal challenges stemming from the state’s refusal to recognize their marriages. Learn more. Jan 14, 2014 · Presently, 17 states and the District of Columbia issue same-sex marriage licenses, 4 states recognize same-sex civil unions or domestic partnerships, and 29 states ban same-sex marriage by statute or by constitutional provision. S. Even though, same sex couples live in relationships that are based on basic principles of strong and loving commitment to another, responsibility, and a right to enter into a marriage with their partner of choice, they continue to be denied the human rights, legal and economic stability provided by the recognized institution of marriage. This decision made it possible for more same-sex couples and their families to benefit from our programs. Via the case Obergefell v. 644 (2015). Sep 7, 2021 · Since that momentous day on June 26, 2015, when the United States Supreme Court ruled that same-sex marriage be declared legal and recognized in all states, same-sex couples in the United States have finally been able to enter into full legal marriages, afforded the same rights and protections as everyone else. These are superseded by federal law and may also be affected by prior state supreme court or lower federal court rulings. Same-sex couples in Texas can enter into an informal marriage, also known as a common law marriage. 2419) is a federal law that denies federal recognition of same-sex marriages and authorizes states to refuse to recognize same-sex marriages licensed in other states. 0 (1 review) Groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that provided for such marriages. Feb 4, 2025 · FindLaw looks back at the history of state laws legalizing same-sex marriage prior to the Supreme Court ruling legalizing marriage equality. A co-parent or second-parent adoption is available in some, but not all, states, and it does not require the parents to be married. However, the implications of this decision continue to permeate the various aspects of family law. Hawaii was the first state to recognize limited legal same-sex unions, doing so in 1997 in the form of reciprocal beneficiary relationships. We recognize same-sex couples’ marriages in all states, and some non-marital legal relationships (such as some civil unions and domestic partnerships). Jul 19, 2022 · Ginger and April Aaron-Brush of Vestavia filed a lawsuit in 2014, to push Alabama to recognize same-sex marriages performed in other states. e. The Act does not have a residency restriction, as some similar laws in other U. Domestic partnerships in the In 2002, Nevada voters approved the incorporation of an amendment to the Nevada Constitution that recognized marriage as existing only between a man and a woman. same sex. ) Jul 18, 2022 · This act provides statutory authority for same-sex and interracial marriages. T Mar 10, 2020 · Following the passage of same sex marriage laws, five states, Connecticut, Delaware, New Hampshire, Rhode Island and Vermont now allow for same sex marriages and have converted all civil unions into marriages. Nov 18, 2014 · Holding: The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. Hodges, 135 S. This law specifically defined marriage as the union of one man and one woman which allowed individual states to not recognize same-sex marriages that were performed and recognized under other states’ laws. Jun 26, 2015 · Since same-sex couples may now exercise the fundamental right to marry in all States, there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. We also urged states not to “decouple” from the federal taxA tax is a mandatory payment or charge collected by […] 4 days ago · In this decision, the Supreme Court held that states must recognize same-sex marriage. While the laws remain somewhat complex in certain states, following is a breakdown of where each state currently stands with regard to same-sex marriage, domestic partnerships, civil unions, and common law marriage. District Court for the District Court of Oregon ruled in Geiger v. Same-sex marriage rights include estate planning, power of attorney, insurance coverage, and parentage. Other state municipalities including Arizona, California, Maine, Minnesota, New York, Oregon, Washington, and the District of Columbia, recognize domestic partnerships. Henry v. [1] On 11 August 2010 the Supreme Court of Justice of the Nation ruled that same-sex marriages performed anywhere within Mexico must be recognized by the 31 states without exception, and fundamental spousal rights except for adoption (such as alimony payments, inheritance rights, and the coverage of spouses by Same-sex marriages are legally recognized in all 50 states, but that doesn’t mean LGBTQ people no longer face discrimination and unique legal issues. Ct. Before the landmark case Obergefell v. Supreme Court is hearing today, Obergefell v. More than 30 countries outside of the United States have The greatest amount of measures were placed in the ballot in 2004, the same year Massachusetts recognized same-sex marriage, with 12 states passing definition-of-marriage measures that year. Supreme Court 's ruling in Obergefell v. On November 4, 2008, voters in California narrowly approved Proposition 8, which amends the state constitution to prohibit marriage equality. 1 Obergefell not only requires all U. Same-sex marriage, also known as gay marriage or same-gender marriage, is the marriage of two people of the same legal sex or gender. states plus Washington, D. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. It protects their rights as parents and better safeguards both the parents and the kids from unnecessary legal hurdles they might experience otherwise. Whether, for Federal tax purposes, the terms “spouse,” “husband and Goodridge v. However, most states still have constitutional amendments, statutes, or both banning marriage for same-sex couples, even after the 2015 Supreme Court The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition. Federal Benefits After United States v. Conversion of a civil union into a marriage is optional and does not occur automatically. This is an interactive map showing the legality of same-sex (gay) marriage and civil unions in the United States. In light of this U. Mar 15, 2024 · The landmark case legalizing gay marriage in all 50 states The Obergefell case was decided in 2015. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015. territories except American Samoa. Dec 20, 2022 · President Joe Biden signed H. How can I find more information about a state? Jan 12, 2023 · Can same-sex couples enter into informal or common law marriage? Yes. Department of the Treasury and the Internal Revenue Service ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married Sep 16, 2025 · Same-sex marriage became legal in Texas in 2015 after the U. Jun 26, 2015 · States cannot keep same-sex couples from marrying and must recognize their unions, the Supreme Court says in a ruling that for months has been the focus of speculation. Please note: This brief overview is not intended to provide States that recognize marriages of same-sex couples will allow same-sex couples to obtain a divorce from a Washington marriage there, but those states may also have residency requirements for divorce, as Washington does. On March 21, 2014, the U. Mar 31, 2015 · In 2013, the Supreme Court struck down part of the Defense of Marriage Act, requiring federal agencies to recognize same-sex marriages performed in states where it was legal. Same-sex marriage has been legal in Tennessee since the U. Before 2015, however, many states either did not recognize same-sex marriages or Additionally, married same-sex couples can use the stepparent adoption procedures that other married couples may use. Hodges that states must issue marriage licenses to same-sex couples and recognize Jul 20, 2022 · In a theoretical post-Obergefell world, power over whether to recognize same-sex marriages would be returned to the states – many of which still have same-sex marriage bans on the books. Jackson decision. Jan 16, 2015 · Obergefell v. ) Feb 13, 2015 · Carlos McKnight of Washington waves a flag in support of same-sex marriage outside the U. 2008, c. This ruling comes after the Aug 29, 2013 · 24 States Should Provide Further Guidance to Taxpayers Consequently, there are 24 states that do not recognize same-sex marriage but do require state taxpayers to reference their federal tax return when preparing their state tax return. Apr 25, 2024 · Since the landmark U. Mar 20, 2015 · After the IRS decision to allow gay and lesbian married couples we successfully communicated with officials in the 22 states where this was an issue, urging them to provide clarifying guidance to same-sex couple taxpayers. Hodges remain extremely relevant today. May 20, 2014 · Nineteen states plus Washington, D. state. Apr 28, 2015 · Hofstra University law professor Joanna Grossman discusses one aspect the same-sex marriage case that the U. Hodges that a fundamental right to marry is guaranteed to United States Court of Appeals for the Sixth Circuit The Supreme Court will rule on whether the Fourteenth Amendment requires states to recognize same-sex marriages lawfully performed out-of-state and to grant same-sex marriage licenses. Constitution, all states must license a marriage between two people of the same sex and recognize such a marriage if it was lawfully licensed and performed in another state. Massachusetts is the only state to recognize marriages for same sex couples, while Vermont recognizes civil unions and Hawaii has a reciprocal beneficiary. Feb 25, 2025 · Lawmakers in at least nine states have introduced measures in their current legislative sessions that attempt to chip away at same-sex couples’ right to marriage. 27–28. States that recognize comprehensive domestic partnerships or civil unions also allow couples joined in these legal unions to use the stepparent adoption procedures. Hodges. For more on the current status of state marriage laws, see MAP's 2022 report: Underneath Obergefell: A National Patchwork of Marriage Laws. District Court judge ruled in General Synod of the United Church of Christ v. Nov 5, 2024 · Two years ago, Congress passed the Respect for Marriage Act, which forces states without marriage equality laws to recognize the marriages of same-sex couples married in other states. Hodges (2015): Recognized same-sex marriage as a constitutional right. A Jan 8, 2025 · The Supreme Court ruled that same-sex marriage is a constitutional right, thus requiring all states to issue marriage licenses to same-sex couples and recognize those marriages performed in other states. Jun 26, 2015 · In a long-sought victory for the gay rights movement, the court ruled, 5-4, that the Constitution guarantees a right to same-sex marriage. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Hodges 576 US _____ (2015) Mar 1, 2017 · In Arkansas, Michigan, and Mississippi, same-sex marriage was not recognized, and there is no conformity between federal and state taxes, so prior to Obergefell, same-sex married couples in these states had to file state tax returns as if they were single. This article contains a timeline of significant events regarding same-sex marriage in the United States. In 2022, the Respect for Marriage Act repealed the Defense of Marriage Act, which had in 1996 defined marriage as a union between one man and one woman. Windsor invalidates Ohio’s marriage Mar 3, 2025 · The Respect for Marriage Act, which was passed by Congress in 2022 and signed by President Biden, requires the federal government and all states to recognize the marriages of same-sex and interracial couples as long as the marriage was valid in the state where it was performed. (Federal law affords more than 1,000 rights and privileges to married couples. Pp. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold. state 's highest court to find that same-sex couples had the right to marry. Residents of other states may now follow the same procedures as Massachusetts residents for marrying. In anticipation of a positive decision upholding marriage equality and acknowledging the right of all loving couples Aug 8, 2025 · Is same-sex marriage legal in Texas? Yes. Supreme Court was expected on Wednesday to issue rulings in two major cases relating to gay marriage. Ohio refuses to even grant accurate birth certificates listing both parents for children born in Ohio to legally married same-sex couples. Consequently, same-sex marriage bans have been struck down as unconstitutional and same-sex marriages performed out-of-state must be recognized in other states. Apr 21, 2015 · Thirteen states do not currently recognize same-sex marriage. 772 F. The case that brought the question up to the US Supreme Court was regarding the legality of same-sex marriage. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington The U. Drag the pointer or click on the timeline above the map to explore all 50 states’ changes over time. [1] Justice Anthony Kennedy authored the opinion and Justices Ruth Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that provided for such marriages. Hodges is a landmark case in which on June 26, 2015, the Supreme Court of the United States held, in 5-4 decision, that state bans on same-sex marriage and on recognizing same sex marriages duly performed in other jurisdictions are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. More than 300 same-sex couples married in Michigan the next day before the Sixth Circuit Representative RaShaun Kemp, a sponsor of the legislation, said, "The current Georgia Constitution does not recognize same-sex marriage, a reflection of the past and an outdated way of thinking. , now allow gay marriage. ___ (2015) was decided, over 70% of states and the District of Columbia already recognized same-sex marriage, and only 13 states had bans The landmark case that helped bring equal marriage nationwide. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Jun 9, 2017 · The road to full marriage equality for same-sex couples in the United States was paved with setbacks and victories. So, what happened to Jim Obergefell and John Arthur—who were married in Maryland and their marriage was not recognized by the state of Ohio—cannot happen again. ALASKA Brause v. Hodges Same-sex marriage has been controversial for decades, but tremendous progress was made across the United States as states individually began to lift bans to same-sex marriage. In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. Florida was the 35th U. The federal government only recognizes marriage and no other legal union for same-sex couples. Select Year: The 2025 Florida Statutes Jun 26, 2025 · The Obergefell v. district court in the case of Brenner v. This year, Thailand and Liechtenstein join the list. Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal. This recognition allows us to consider the marital status of same-sex couples when determining entitlement to Social Security benefits, Medicare, and eligibility and payment amounts for Supplemental Security Income (SSI). In 2012, the state's Democratic representatives, led by Governor Martin O'Malley, began a campaign for its legalization. A majority of states have allowed same sex marriage. 2 Mar 11, 2025 · The Federal Respect for Marriage Act requires states to recognize same sex marriages validly entered into in another state. The decision was 5-4. Sep 10, 2025 · Same-sex marriage - US Legalization, Equality, Rights: In the United States the question of whether couples of the same sex should be allowed to marry has roiled politics since at least 1993. As of 2025, marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1. Jun 26, 2025 · Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U. Advocates argued that the policy would strengthen same-sex households and improve outcomes for their children, whereas opponents argued that the policy would diminish the value of marriage for different-sex PER CURIAM. Ohio’s refusal to recognize legal marriages Jun 26, 2015 · The Supreme Court on Friday issued a ruling declaring the states have no legal right "to refuse to recognize a lawful same-sex marriage performed in another state on the ground of its same-sex Frequently Asked Questions about Marriage Equality in Tennessee The ability of same-sex couples to wed in Tennessee, or to have their valid out-of-state marriage recognized, will be determined by the pending U. (May) Utah Gov. Thirty-seven states have legalized gay marriage, with restrictions in Kansas, Missouri, and Alabama. On February 13, 2015, two same-sex couples in "window marriages", married in May 2014 while a state court's order enjoining enforcement of the state's same-sex marriage ban was in force, brought suit in state court seeking to require the state to recognize their marriages. The state must therefore have a compelling interest that supports its decision to refuse to recognize the exercise of this fundamental right by those who choose same-sex partners rather than opposite- sex Same-sex marriage has been legal in Michigan since the U. LegalMatch provides online legal insights in their law library to help you better understand your case. Supreme Court 's landmark ruling in Obergefell v. Obergefell v. Ct. Jul 21, 2022 · First, they worried that the federal government would recognize same-sex marriages performed in Hawaii. state to legalize same-sex marriage. However, individual states have the power to decide - either through legislation or voter initiative - to legalize same-sex marriages. The law Sep 16, 2025 · In this decision, the Supreme Court held that states must recognize same-sex marriage. Treasury and the IRS announced that the federal government will recognize all same-sex marriages for federal tax purposes, provided those couples were “legally married in jurisdictions that recognize their marriages…regardless of whether the couple lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage 2017 Same-Sex Marriage Background a complicated history. E. Apr 3, 2023 · The Respect for Marriage Act is a federal law signed in 2022 ensuring that all state and federal governments recognize marriages regardless of sex, race, ethnicity, or national origin. States that recognize same-sex marriage will allow a married filing jointly or married filing separately return. [6][7] On April 9, 1998, the Alabama State House voted 79–12 in favor of a bill banning same-sex marriage and the recognition of same-sex marriages performed in other states or foreign countries. Whether, for Federal tax purposes, the Internal Revenue Service (Service) recognizes a marriage of same-sex individuals validly entered into in a state whose laws authorize the marriage of two individuals of the same sex even if the state in which they n 3. There are 26 states which have constitutions including bans on same-sex marriage or other types of unions, and 30 states have statutes that ban same-sex marriage or other types of unions although these are all defunct under the Obergefell ruling. Jul 22, 2023 · The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. 3d 388, reversed. Apr 23, 2025 · This guide provides clear, current information about same-sex marriage rights nationwide, state-specific considerations, and practical solutions for couples facing challenges, including options for getting legally married online. Civil unions for same-sex couples existed in many states but created a separate but equal standard. Department of Treasury and the IRS have ruled that same sex-couples, legally married in jurisdictions that recognize same sex marriages, will be treated as married for federal tax purposes. ___ (2015), the Constitution entitles same-sex cou-ples to civil marriage “on the same terms and conditions as opposite-sex couples. Specifically, the act replaces provisions that define, for purposes of federal law, marriage as between a man and a woman and spouse as a person of the opposite sex with provisions that recognize any marriage between two individuals that is valid under state law. [Last reviewed in August of 2022 by the Wex Definitions Team] Wex CIVICS civil rights local governmental law the Constitution Jun 30, 2023 · Does the federal government recognize same-sex marriage? Yes. 1By 2009, the Nevada Legislature passed the Domestic Partnership Responsibilities Act (DPRA), which allowed both same-sex and different-sex couples to register with the state of Nevada May 29, 2023 · A civil union is a legal relationship between two people (of the same or different sex) that provides legal protections to the couple. (Obergefell v. It banned federal recognition of same-sex marriage by limiting the definition of marriage to the union of one man and one woman, and it further allowed states to refuse to recognize same-sex marriages granted under Jun 26, 2019 · DOMA was a major setback in the fight for marriage equality because it defined marriage as the union of one man and one woman, allowed states to refuse to recognize same-sex marriages granted under the laws of other states, and prohibited married same-sex couples from collecting Federal benefits. states to issue marriage licenses to same-sex couples, but also requires them to recognize marriage licenses for same-sex couples issued in another state. Same-sex marriage has been legally recognized in Illinois since a law signed by Governor Pat Quinn on November 20, 2013 took effect on June 1, 2014. They named three state officials as defendants. In Oregon, same-sex couples face both Jan 19, 2022 · Same-Sex Marriages and Divorce With the Texas court now recognizing gay marriages, same-sex couples can marry and divorce no differently than opposite-sex couples. Question 2 on Nevada ballots asked St. Windsor and Obergefell v. In 1996, the Defense of Marriage Act (DOMA) defined marriage federally as between one man and one woman, allowing states to refuse recognition of same-sex marriages from other jurisdictions. This article summarizes the same-sex marriage laws of states in the United States. states and the District of Columbia, as well as all U. Civil union for same-sex couples has been recognized until now in another 17 countries. 216 repealed the so-called "1913 laws" (MGL c. Same-sex marriages are currently licensed and recognized in all U. 2584 (2015), the United States Supreme Court held that same sex couples have a fundamental right to marry, and recognized that marriage is part of a spectrum of personal choices concerning family relationships, procreation, and childrearing protected by the Constitution. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. These states include Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland Jun 26, 2025 · This map shows the impact of Obergefell v. In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Same-sex Jan 3, 2025 · Hodges decision compelled Georgia to issue marriage licenses to same-sex couples and recognize these unions across all state institutions. Hodges on June 26, 2015, which legalized same-sex marriage across the United States, all states, including Oregon, have been required to perform and recognize marriages between same-sex couples. Nov 7, 2014 · If you and your spouse are not Wisconsin residents, states that still do not recognize marriages of same-sex couples may not recognize your Wisconsin marriage. Some states also offer comprehensive relationship recognition, such as domestic partnerships or civil unions, to same- and different-sex couples. And in recent years, a growing number of states have done just that. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and share tools, resources, and lessons learned to empower movements for marriage equality. Constitution. Attorney General Bill Schuette Jun 26, 2015 · Today, on the second anniversary of that decision, Justice Kennedy again joined Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan in holding both that states must allow same-sex couples to marry and that they must recognize same-sex marriages from other states. Snyder in United States District Court for the Eastern District of Michigan, challenging the state's ban on adoption by same-sex couples in order to jointly adopt their children. Dec 13, 2022 · However, the law will serve as a backstop for same-sex couples should the Supreme Court revisit the issue of marriage equality. Hodges As discussed above, in 2013, the U. Nearly all states that have a state income tax reference the federal tax code at some point to minimize taxpayers’ calculation, record keeping, and compliance Same-sex marriage has been legal in Ohio since the U. Texas allows parties in an informal marriage to hold, as their legal marriage date, the earliest date at which they satisfied all the requirements of an informal marriage. ” Id. In one country (Mexico), marriage is only available in some regions. States that do not recognize same-sex marriage may require you to file single or head of household. , the child’s other parent). Supreme Court decision, civil unions may now become less common. Hodges, 576 U. A Growing Call for Equality Efforts to legalize same-sex marriage began to pop up across the country in the 1990s, and with it challenges on the state and national levels. 5 Following Obergefell, Texas and all other states must grant marriage licenses to same-sex couples and must also recognize same-sex marriages performed in other states. Polling suggests that a The State of California first issued marriage licenses to same-sex couples from June 16, 2008 to November 5, 2008, as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. Same-sex marriages are licensed in and recognized by all U. However, laws differ at the state level. Although same-sex marriage has been regulated through law, religion, and custom in most countries of the world, the legal and social responses have ranged from celebration to criminalization. Dec 1, 2022 · The Respect for Marriage Act wouldn’t have the same force as Obergefell to require all states to allow same-sex marriage, but it would require states to recognize same-sex marriages from places Dec 22, 2022 · Thirty-three countries, including the United States, have legalized same-sex marriage, and some others recognize same-sex civil unions. The couples were Stan Baker and Peter Harrigan, Nina Beck and Stacy Jolles, and Lois Farnham and Holly Puterbaugh. But we must act at the state level to protect these rights. Hodges, holding that same-sex couples have a constitutional right to marry in all states and have their marriage recognized by other states. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. It would allow the federal government and states to recognize same-sex and interracial marriages as long as they were legal in the states where they were performed. Learn more about some of the challenges LGBTQ couples—married and unmarried—face when they rent or buy property together, have children, and otherwise seek full recognition of their relationships and rights. , have legalized gay marriage. May 17, 2016 · That same-sex couples are willing to embrace marriage’s solemn obligations of exclusivity, mutual support, and commitment to one another is a testament to the enduring place of marriage in our laws and in the human spirit. Specifically, Grossman considers whether the Fourteenth Amendment requires a state to recognize out-of-state marriages in the context of the history of interstate marriage recognition laws. states and territories (though not tribes) to recognize the validity of same-sex and interracial civil marriages in the Same-sex marriage has been legal in Missouri since the U. Same-sex marriage has been legally recognized in New York since July 24, 2011, under the Marriage Equality Act. Same-sex marriage legislation was introduced in successive sessions of the Illinois General Assembly from 2007 to 2013. Bureau of Vital Statistics, 1998 WL 88743 (Alaska Super. government and all U. states do. [53] However, under the Respect for Marriage Act, American Samoa must recognize all marriages between two people that were legally performed in another jurisdiction. Hodges on June 26, 2015. The following states have explicit prohibitions against same-sex adoption. They asked the court to rule on behalf of all same-sex couples married in Some states, like Pennsylvania, which recognize common-law marriages established by a specific date, are retroactively determining if same-sex couples had common-law marriages established before Nov 29, 2022 · Ruling allowed same sex couples to enter into marriage recognized by the State of New Jersey. The plaintiffs in each case argued that the states' statutes violated the Equal Protection Clause Obergefell v Hodges 3. 644 (2015) (/ ˈoʊbərɡəfɛl / OH-bər-gə-fel), is a landmark decision of the United States Supreme Court which 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 of the Constitution. That means that at least in some parts of the United States, marriage equality cannot be made illegal. [1] Despite numerous Apr 25, 2024 · The Defense of Marriage Act (DOMA) was a controversial federal law passed in 1996 that defined marriage as a union between one man and one woman, barring same-sex couples from federal benefits and preventing states from recognizing same-sex marriages performed elsewhere. There may be local businesses and municipalities that do. In the decision below, the Arkansas Supreme Court considered the effect of that holding on the State’s rules governing the issuance of birth certificates Same-sex marriage has been recognized so far in 26 countries. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Moreover, state laws about common-law marriage vary from state to state. This non-recognition means that same-sex couples are often denied access to legal protections and benefits that heterosexual married couples enjoy. Supreme Court issued their decision in Obergefell v. In 2006, the New York Court of Appeals ruled that the New York State Constitution does not Same-sex marriage is the legal union of two people of the same gender, recognized by law. Hodges applies retroactively to common law marriages that couples may have entered prior to marriage equality. It repeals the Defense of Marriage Act (DOMA), requires the U. The court ruled that Vermont's statutes The Defense of Marriage Act (DOMA) was a federal law passed by the 104th United States Congress intended to define and protect the institution of marriage. Hodges confirmed that same-sex marriages are protected by the 14th Amendment, and the Respect for Marriage Act enshrined protections for LGBTQ+ marriages into national law in It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Hodges on same-sex marriage "They ask for equal dignity in the eyes of the law," then-Supreme Court Justice Anthony Kennedy wrote in the June 26, 2015 Mar 6, 2023 · Find out if your same-sex marriage is legal and recognized by the federal government, other states, and foreign countries. Department of Public Health that it was unconstitutional under the Constitution of Massachusetts to allow only opposite-sex couples to marry. , at 23). 15 The Supreme Court granted review on two questions: (1) whether the Fourteenth Amendment requires Jul 14, 2022 · A family law lawyer can provide options for same-sex couples in states that do not recognize gay marriage. , the recognition of one's choice of a life partner, is a fundamental right. Massachusetts was the sixth jurisdiction in the world to legalize same-sex marriage States with the freedom to marry do not ban same-sex couples from entering into legal marriages. It’s also important to note that it does the same for interracial marriage. Stepparent adoption is available in every state to someone who is married to a child’s legal parent; as a result of marriage equality, this type of adoption is available to married same-sex couples nationwide. However, couples who have a registered domestic partnership, civil union, or similar formal relationship recognized under state law do not fall under this ruling. 207, §§ 11, 12, 13, and 50), which prohibited most same-sex couples from other states from marrying in Massachusetts. 8404 Respect for Marriage Act into law guaranteeing marriage equality for same-sex and interracial couples under federal law. Same-sex marriages now recognized for federal tax purposes The U. In Obergefell v. The November 18, 2003, decision was the first by a U. Nov 4, 2024 · Two years ago, Congress passed the Respect for Marriage Act, which forces states without marriage equality laws to recognize the marriages of same-sex couples married in other states. Scott Aug 31, 2023 · Gay couples are allowed to legally enter same-sex marriage in all states since June 2015. It also allows religious organizations to decline to officiate at same-sex wedding ceremonies. Same-sex marriage is legally recognized and performed throughout Mexico since 2022. Rather, enrollees living in states listed below who wish to cover the child of their same-sex domestic partner on their FEHB or FEDVIP enrollment must be legally married to their same-sex domestic partner (i. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state Nov 6, 2024 · WASHINGTON - Voters in three states passed ballot measures that would amend language in their state’s Constitution to protect same-sex marriage. Supreme Court decision in Obergefell v. While DOMA has since been overturned, its legacy highlights the ongoing struggle for LGBTQ+ rights and the complex history Same-Sex Marriage: Between June 17 and November 4, 2008, more than 18,000 same-sex couples married in California. Introduction Prior to 2015, across the United States, the debate over the right of same-sex couples to marry was in full swing. The U. On June 26, 2015, the United States Supreme Court issued its ruling in Obergefell v. [1] Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution. In states that recognize civil unions or registered domestic partnerships, qualifying couples can file joint state income tax returns. Prior to Obergefell, states were not required to recognize same-sex marriages based on federal law. Jun 24, 2025 · What States Recognize Same-Sex Marriage for Tax Purposes? Understand the universal tax filing rules for married couples and how state laws and legal partnership status can impact your financial obligations. Jun 9, 2025 · States that recognize common-law marriage for same-sex couples In the United States, common-law marriage is a form of irregular marriage that is currently recognized in only a handful of states. District Judge Bernard Friedman ruled the state's ban on same-sex marriage unconstitutional. Marriage equality requires that states allow same-sex couples to access marriage on the same terms as different-sex couples and Obergefell v. Just after midnight on May 17, 2004, couples began filling out license applications at Cambridge City Hall. 5 billion people (20% of the world's population). And, as it turns out, attitudes about same-sex marriage are very different in each of these three groups. On June 26, 2015, the Supreme Court of the United States ruled in the case of Obergefell v. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. C. As of January Jul 22, 2013 · New Mexico remains the one state with no specific legislation on same-sex marriage or civil unions. According to state law, a same sex spouse may file for divorce in a county in which at least one of the spouses resides. Apr 28, 2015 · Facts of the case Groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that provided for such marriages. In a landmark decision in 2015, the United States Supreme Court ruled that same-sex couples have the right to marry anywhere in the United and that all states must recognize same-sex marriages legally performed in other states. As a result of Obergefell, same sex couples—like different sex couples—have the right May 17, 2018 · On the same day, 77 other same-sex couples were wed across the state, while hundreds more applied for marriage licenses. stands. Dec 8, 2022 · The Respect for Marriage Act wouldn't change that, but it requires all states to recognize same-sex marriages performed in other states and federally recognizes these marriages. May 20, 2014 · Hodges that same-sex marriage was a constitutional right and that all states must recognize same-sex marriages. Windsor, found Section 3 of DOMA unconstitutional, overturning the law that denied federal marriage benefits to married same-sex couples. Jan 6, 2023 · Obergefell v. The facts of the case involved 14 same-sex couples and two men whose same-sex partners had passed away. McShane of the U. The June 26, 2015 US Supreme Court decision in Obergefell v. S. Supreme Court on June 26, 2015. In several states, including Massachusetts, Iowa, and Connecticut, this had been done by state supreme court decisions holding that bans on gay marriage violated their state constitutions. Dec 8, 2022 · The legislation requires that all states recognize any marriage that was legal in the state where it took place. The Supreme Court ruled 5-4 that states cannot ban same-sex marriage Jan 24, 2025 · While gay marriage is now legal throughout the country, not all states afford married gay couples the same treatment. 21, 1996, 110 Stat. In other states, gay marriage was created through the legislative process. Right now, the state must follow federal law, which allows my marriage to be recognized. 2. On January 23, 2012, a lesbian couple filed a lawsuit, DeBoer v. District Court for the Eastern District of Michigan ruled the state's denial of marriage rights to same-sex couples unconstitutional in DeBoer v. We also recognize Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia and Dec 13, 2022 · The Respect for Marriage Act (RFMA), signed by Biden on Tuesday, requires states to recognize lawfully performed same-sex and interracial marriages Jun 2, 2025 · Same-Sex Marriage Around the World Since the first same-sex marriages were legally recognized in the Netherlands in 2001, nearly 40 other jurisdictions – mostly in Europe and the Americas – have enacted laws allowing gay and lesbian couples to marry. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Jun 26, 2015 · Massachusetts became the first state to legalize same-sex marriage following a ruling by the state’s highest court in 2003. May 15, 2008 · Marriage is a serious legal decision, and same-sex couples face additional challenges and questions because of continuing discrimination against married same-sex couples by the federal government and many states. In addition, many states are currently considering MARRIAGE Nationwide recognition of marriages of same-sex couples came on June 26, 2015, when the United States Supreme Court issued its landmark ruling in Obergefell v. This case laid the foundation for marriage equality nationwide, which was won two years later. [1] This lawsuit, named after plaintiff Jim Obergefell, was filed in federal court on July 19, 2013, challenging the denial of marriage rights to same-sex Michigan, Kentucky, Ohio, and Tennessee define marriage as a union between one man and one woman. Here is where the fight for marriage equality in the U. The Supreme Court in a majority decision held that the Constitution guarantees a right to same-sex marriage and that all states were to recognize same-sex marriages performed in other states. Nov 30, 2012 · Under the federal law, states do not have any obligation to recognize same-sex marriages and the legal/financial rights that go along with it. Jul 24, 2024 · Historical Context of Same-Sex Marriage Legislation The 1990s saw the beginning of the same-sex marriage debate in the United States. And while the Constitution certainly may contain such rights, it is choice of law that ultimately arbitrates them. Apr 2, 2025 · If the same-sex couple now resides in a jurisdiction different from the one in which they celebrated their marriage, and that jurisdiction does not recognize same-sex marriages, the officer will look to the law of the state where the marriage was celebrated in order to determine the validity of the marriage. 2d 941 (Mass. On January 6, 2016, Alabama's Chief Justice, Roy Moore, issued a ruling However, most states still have constitutional amendments, statutes, or both banning marriage for same-sex couples, even after the 2015 Supreme Court case Obergefell extended marriage equality nationwide. Jun 23, 2023 · This legal relationship will exist as a backup form of security if the gay or lesbian couple decides to travel to a state that does not recognize the parental rights of a same-sex married couple. In the wake of Massachusetts’ legalizing same-sex marriage in 2004, Missouri voters passed an amendment to the state constitution defining marriage as a union between a man and a woman, thereby bann Molly Smith When Massachusetts became the first state in the United States to issue marriage licenses to same-sex couples in 2004, speculation about the consequences provoked heated debate. [nb 1] Same-sex marriages are Jul 21, 2010 · Same-sex marriage became legal in all 50 states on June 26, 2015, after the Supreme Court ruled in Obergefell v. It was legalized in the US by the Supreme Court in 2015, granting gay marriage rights. Judgment: Reversed, 5-4, in an opinion by Justice Kennedy on June 26, 2015. In North America, same-sex marriages are recognized and performed without restrictions in Canada, Costa Rica, Cuba, Mexico, and the United States. In 2003, Massachusetts extended marriage to same-sex couples, and a number of other states followed suit in subsequent years. Oct 27, 2023 · On June 26, 2015, the United States Supreme Court ruled the 14th Amendment requires every single state to license marriages between same-sex couples and to recognize all lawfully performed out-of-state marriages. Learn about which states have civil unions and more at FindLaw's Family Law Center. On June 26, 2015, the U. Snyder. It passed the Senate in February 2013, but legislators delayed a vote in the House while lobbying for votes until November 5 Jun 26, 2015 · The Supreme Court declared by a margin of 5 to 4 Friday that states must license same-sex marriages and recognize similar unions from other states, effectively ending a long legal battle over the . In total, there are 43 states that allow the foundational right of partnership for same-sex couples, representing 22% of all countries in the world (based upon the 193 UN member Before the legalization of same-sex marriage in Florida in January 2015, same-sex couples were able to have their relationships recognized in some Florida localities that had established a legal status known as domestic partnership. Hodges that same-sex marriage is legal in every state and each state must recognize a same-sex marriage performed in other states. On July 22, 1997, three same-sex couples sued the state and the Shelburne, South Burlington, and Milton town clerks that had denied them marriage licenses in the Chittenden County Superior Court. As this Court explained in Obergefell v. On August 29, 1996, Governor Fob James issued an executive order banning same-sex marriage and the recognition of same-sex marriages performed in other states or foreign countries. At Immigration to Mexico it is a pleasure for us to support our clients from the gay community. Benefits for Same-Sex Couples Your marital status is important in Aug 20, 2025 · According to Pew Research Center, support for same-sex marriage in the United States has steadily increased over the last several years. Jun 26, 2025 · The Obergefell v. This law requires all states to recognize valid same-sex marriages performed in another Jun 26, 2013 · Twelve of the 50 U. Constitution bans same-sex marriage Constitution bans same-sex marriage and civil unions Constitution bans same-sex marriage, civil unions, and any marriage-like contract between unmarried persons Adoption of marriage amendments over time Prior to the Supreme Court's decision in Obergefell v. In 2006, the State of Alabama ratified Amendment 774 (Sanctity of Marriage Amendment) to amend the Alabama State Constitution to ban all legal recognition of marriage between same-sex couples and any non-marriage unions such as domestic partnerships and civil unions. Other states may not have explicit prohibitions against same-sex adoption, but may have statutory requirements that only married couples may adopt, and thus, by extension, same-sex couples (because they are not married) are prohibiting from adopting. Hodges effectively ended restrictions on same-sex marriage in the United States. states Sep 24, 2024 · Obergefell v. Jul 18, 2023 · Although same-sex couples have the same right to a common-law marriage as heterosexual couples, not all states recognize common-law marriages. The petitioners, 14 same-sex cou-ples and two men whose same-sex partners are deceased, filed suits in Federal District Courts in their home States, claiming that re-spondent state officials violate the Fourteenth Amendment by deny-ing them the right to marry or to have marriages lawfully Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. Regarding the first issue, Petitioner James Obergefell argues that the Court’s 2013 ruling in United States v. Aug 2, 2025 · Key Takeaways Married same-sex couples can file joint federal income tax returns, while unmarried couples must file separately. ” Obergefell v. These 24 states— Arizona, Colorado, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, North Aug 29, 2013 · Today, the U. Sep 10, 2025 · Same-sex marriage, the practice of marriage between two men or between two women. L. The 5–4 ruling requires all 50 states, the District of Nov 7, 2024 · Hodges was a historic moment for civil rights in the United States, legalizing same-sex marriage nationwide. Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U. In that year the Supreme Court of Hawaii heard a case in which the plaintiffs claimed that the state’s refusal to issue marriage licenses to same-sex couples abrogated those individuals’ rights to Jun 28, 2013 · States that permit or recognize marriages of same-sex couples will allow same-sex couples to obtain a divorce from a Washington marriage there, but those states may also have residency requirements for divorce. Oct 18, 2024 · Same-Sex Marriage Under the Law Historically, states have not recognized same-sex marriage. Jun 1, 2015 · “The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. This Act requires states to recognize same-sex marriages performed in other states and grants federal recognition. May 17, 2024 · Twenty years ago today, Massachusetts became the first state to legalize same-sex marriage. Yet same-sex marriage remains banned in many countries, and Jun 23, 2024 · The political and moral agita around same-sex marriage and gay rights has understandably led advocates to finding legal solace in the form of nationally recognized fundamental rights. Mar 15, 2025 · Prior to the decision, twelve states had recognized same-sex marriage. The right to gender identity is not recognized by all states either. The most recent jurisdiction to legalize same-sex marriage is Thailand. On March 21, 2014, U. Hodges ruling held that same-sex marriage is a constitutional right, legalizing it nationwide over a decade ago. " May 17, 2019 · Marcia Kadish and Tanya McCloskey were the first same-sex couple married when Massachusetts's marriage equality ruling went into effect. Hodges: Under the Fourteenth Amendment of the U. This landmark ruling affirmed that the right to marry is a fundamental constitutional right, extending this protection to same-sex couples and underscoring the principles of equality and dignity. of Public Health, 798 N. Hodges, legalizing same-sex marriage in every U. Married couples must file two returns: one for federal and one for state. , at ___ (slip op. It required states to issue marriage licenses to same-sex couples. DOMA mandated that states banning same-sex marriage were not required to recognize same-sex marriages performed in other states and further elucidated that, for the purposes of federal law, marriage could occur only between a man and a woman. While not every state has legalized marriage between LGBTQ+ individuals within its state lines, every state must recognize marriages conducted in other states. Many countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples. For example, not all states allow same-sex couples to adopt. The Respect for Marriage Act emerged as a safeguard after the Supreme Court's Dobbs v. On April 13, 1998 May 9, 2025 · Explore the history of same sex marriage in Washington State—from early legal battles to full marriage equality and its impact on today’s family law. Dept. In 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. See Law About Marriage for more information and forms. Supreme Court issued a decision in Obergefell v. 104-199, Sept. This mandate influenced areas like tax filings, inheritance rights, and adoption processes, integrating same-sex couples into the state’s legal framework. Mar 7, 2025 · As of 2022, 34 states had laws or constitutional amendments prohibiting same-sex marriage. 1 So far, every state that has considered the issue has recognized that same-sex couples may enter common law marriages before or after marriage Michigan, Kentucky, Ohio, and Tennessee define marriage as a union between one man and one woman. Today, same-sex marriage is legal in all 50 states. Jun 26, 2013 · States that do not permit or recognize marriages between same-sex couples may not allow same-sex couples to obtain divorces there (although Wyoming explicitly allows same-sex spouses to divorce, and this may be possible in other states that do not otherwise respect marriages between same-sex couples). Can we marry the day we obtain and submit our marriage license application? Apr 1, 2008 · Hawaii Supreme Court rules the state must show a compelling reason to ban same-sex marriage and orders a lower court to hear a case seeking the right of same-sex couples to marry. Same-sex marriage has been legally recognized in Maryland since January 1, 2013. Call LegalMatch at (415) 946-3744 today! of the ban. Department of Treasury and the IRS have ruled that same sex-couples, legally married in jurisdictions that recognize same sex marriages, will be treated as married for federal tax purposes Introduction Same sex marriage – also known as gay marriage – is legal at the federal level in the United States since 2015. Hodges sought recognition of out-of-state marriages of same-sex couples and their rights as parents to their children. R. 2003), is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. Nonetheless, this law's sections Jun 29, 2022 · The case that made same-sex marriage legal in all states, the issues at the center of Obergefell v. Mike Leavitt (R) signs into law the first state Defense of Marriage statute, which stipulates that Utah The U. Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. 8404) is a landmark [1][2][3] federal statute passed by the 117th United States Congress in 2022 and signed into law by President Joe Biden. vlks iq xdkw 6ca tconn wwhx njd2oo fl0psd 3jlxfe vgojlf