What Is Same-Sex Marriage
Same-sex marriage is a legal marriage between two people of the same sex, with the same rights and duties as any other marriage. It has been legal in every state since June 26, 2015, when the Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment requires states to license these marriages and to recognize ones performed in other states.
Same-sex marriage is legal in all 50 states, and the Supreme Court declined a 2025 request to revisit it.
Key facts
- The Supreme Court ruled 5-4 in 2015 that states must license and recognize same-sex marriages (Obergefell v. Hodges).
- On November 10, 2025, the Court turned down Kim Davis’s petition asking it to reconsider that ruling (Supreme Court docket).
- The Respect for Marriage Act (2022) makes federal and interstate recognition law (Public Law 117-228).
- 27 state constitutions still carry a marriage ban that cannot be enforced while Obergefell stands (Ballotpedia).
- About 836,000 U.S. households were headed by married same-sex couples in 2024 (Census Bureau).
The legal answer is settled for now. The open questions are what would happen if the Court changed course, and what couples can do to protect themselves either way.
Is Same-Sex Marriage Legal in All 50 States?
Yes. Same-sex marriage is legal in all 50 states, and every law that protects it is in force today. The one pending change would remove a ban, not add one.
Where Each Part of Marriage Law Stands
As of October 1, 2026
- Obergefell v. Hodges (2015) Final ruling, binding in every state
The Fourteenth Amendment requires states to license and recognize same-sex marriages. (source)
- Kim Davis's request to overturn it Ended, petition denied
The Supreme Court denied Davis v. Ermold on November 10, 2025. (source)
- Respect for Marriage Act Law
Signed December 13, 2022. Federal law recognizes any marriage valid where it was performed, and states must honor other states' marriages. (source)
- Bans in 27 state constitutions Blocked by a court, unenforceable
Still in the text, but Obergefell overrides them. They would matter again only if the Court reversed it. (source)
- Virginia Question 2 Proposal, on the ballot
Virginia votes November 3, 2026 on removing its 2006 ban, affirming that two adults may marry regardless of sex, gender, or race, and requiring all legally valid marriages to be treated equally. (source)
- Idaho resolution urging reversal Proposal, stalled
The Idaho House adopted it 46-24 on January 27, 2025. It went to a Senate committee and never came to a Senate vote. (source)
Source: Supreme Court opinions and docket 25-125; govinfo; Ballotpedia; Virginia Department of Elections; Idaho Legislature
Justice Clarence Thomas wrote in 2022 that the Court “should reconsider” Obergefell, along with rulings on contraception and same-sex relationships, in a concurrence in the case that ended the right to abortion (Dobbs v. Jackson Women’s Health Organization). The majority in that case wrote that “nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.” No other justice joined Thomas’s call, and the Court’s 2025 denial of the Davis petition is the most recent signal. The three dissenters in that case warned the majority’s history test could reach other rights, as our Roe v. Wade explainer details. The right to privacy explainer tracks where each ruling Thomas named stands today.
If You Are Married or Planning to Marry
Find your situation
Each one gives the current rule, where it comes from, and a next step.
We are married and want to know our marriage is still valid
- Your marriage is valid in every state and for every federal purpose, including taxes, Social Security, immigration, and military benefits.
- If you move, your new state must honor it. The Respect for Marriage Act bars any state official from refusing to recognize a marriage from another state because of the spouses' sex.
- Keep a certified copy of your marriage certificate with your important papers.
Status: law. Obergefell v. Hodges and the Respect for Marriage Act, section 4.
We want to marry, or a clerk refused us
- Every county clerk in every state must issue you a marriage license on the same terms as any couple.
- If an official refuses, write down the name, date, and what was said. Ask for a supervisor or another clerk in the same office.
- Contact Lambda Legal's Help Desk for free guidance on what to do next.
Status: final. Obergefell requires every state to license same-sex marriages.
We have children, and one of us is not the biological parent
- Being married and on the birth certificate helps, but a birth certificate does not by itself establish legal parentage, according to GLAD Law, a legal group for LGBTQ families.
- GLAD Law advises getting a court judgment of parentage, such as a confirmatory or stepparent adoption, because every state must honor a court judgment.
- A family lawyer in your state can tell you which option your state offers.
Source: GLAD Law, LGBTQ Paths to Parentage Security.
We are worried the Supreme Court could reverse Obergefell
- A reversal would not undo the Respect for Marriage Act. Federal law would still recognize a marriage that was valid where and when it was performed.
- What could change is licensing. The Act does not require any state to issue new licenses, so a state with a ban in its constitution could stop issuing them.
- Protecting your children with a court judgment, and keeping your records together, helps in any scenario.
Status: speculative. The Court denied the most direct request to reconsider in November 2025. The Act's section 5 says validity is judged by the law that applied when the marriage was entered.
What the Respect for Marriage Act Covers
Congress passed the Respect for Marriage Act in 2022, after Justice Thomas’s Dobbs concurrence raised the prospect that Obergefell could fall. The Senate passed it 61-36 on November 29, with 12 Republicans voting yes. The House agreed 258-169 on December 8, with 39 Republicans in favor (Senate roll call 362; House roll call 513). President Biden signed it on December 13, 2022.
The act protects marriages that already exist, but it does not force any state to perform new ones.
That gap is why state constitutions still matter. If Obergefell fell, a couple in a state with a ban could marry in another state and have that marriage recognized at home and by the federal government. They might not be able to marry in their own state.
State Bans Still on the Books
Between 1998 and 2012, voters in 31 states approved constitutional amendments that banned same-sex marriage or let the legislature do so. Obergefell made all of them unenforceable in 2015, but an amendment stays in a constitution’s text until voters remove it.
27 of the 50 state constitutions still carry the ban, and voters in 4 states have removed theirs.
- Ban still in the constitution (unenforceable) (27 states)
- Voters removed the ban (4 states) Nevada (2020), California (2024), Colorado (2024), Hawaii (2024)
- Never had a constitutional ban (19 states)
Counts derived from each state's ballot measure, as of 2026-09-25. Statutory bans are not counted. Source: Ballotpedia; Virginia Department of Elections.
Nevada voters removed their ban in 2020, and California, Colorado, and Hawaii followed in 2024, each by at least 55%. Virginia votes on its ban on November 3, 2026, and if Question 2 passes, the count falls to 26.
States with a same-sex marriage ban still in the constitution, by year voters adopted the ban
Source: Ballotpedia, History of same-sex marriage ballot measures; Virginia row from Ballotpedia's Virginia Question 2 page
Same-sex marriage is legal in your state, whichever state that is. The map shows whether its constitution still carries a ban that cannot be enforced.
Same-Sex Marriage Bans in State Constitutions
- Ban still in the constitution, unenforceable (27)
- Voters removed the ban (4)
- Never had a constitutional ban (19)
Sources: Ballotpedia, History of same-sex marriage ballot measures; Virginia Department of Elections. Verified September 25, 2026.
| State | Status | Detail |
|---|---|---|
| Alabama | Ban still in the constitution, unenforceable | Added 2006 |
| Alaska | Ban still in the constitution, unenforceable | Added 1998 |
| Arizona | Ban still in the constitution, unenforceable | Added 2008 |
| Arkansas | Ban still in the constitution, unenforceable | Added 2004 |
| California | Voters removed the ban | Added 2008, removed 2024 |
| Colorado | Voters removed the ban | Added 2006, removed 2024 |
| Connecticut | Never had a constitutional ban | — |
| Delaware | Never had a constitutional ban | — |
| Florida | Ban still in the constitution, unenforceable | Added 2008 |
| Georgia | Ban still in the constitution, unenforceable | Added 2004 |
| Hawaii | Voters removed the ban | Added 1998, removed 2024 |
| Idaho | Ban still in the constitution, unenforceable | Added 2006 |
| Illinois | Never had a constitutional ban | — |
| Indiana | Never had a constitutional ban | — |
| Iowa | Never had a constitutional ban | — |
| Kansas | Ban still in the constitution, unenforceable | Added 2005 |
| Kentucky | Ban still in the constitution, unenforceable | Added 2004 |
| Louisiana | Ban still in the constitution, unenforceable | Added 2004 |
| Maine | Never had a constitutional ban | — |
| Maryland | Never had a constitutional ban | — |
| Massachusetts | Never had a constitutional ban | — |
| Michigan | Ban still in the constitution, unenforceable | Added 2004 |
| Minnesota | Never had a constitutional ban | — |
| Mississippi | Ban still in the constitution, unenforceable | Added 2004 |
| Missouri | Ban still in the constitution, unenforceable | Added 2004 |
| Montana | Ban still in the constitution, unenforceable | Added 2004 |
| Nebraska | Ban still in the constitution, unenforceable | Added 2000 |
| Nevada | Voters removed the ban | Added 2002, removed 2020 |
| New Hampshire | Never had a constitutional ban | — |
| New Jersey | Never had a constitutional ban | — |
| New Mexico | Never had a constitutional ban | — |
| New York | Never had a constitutional ban | — |
| North Carolina | Ban still in the constitution, unenforceable | Added 2012 |
| North Dakota | Ban still in the constitution, unenforceable | Added 2004 |
| Ohio | Ban still in the constitution, unenforceable | Added 2004 |
| Oklahoma | Ban still in the constitution, unenforceable | Added 2004 |
| Oregon | Ban still in the constitution, unenforceable | Added 2004 |
| Pennsylvania | Never had a constitutional ban | — |
| Rhode Island | Never had a constitutional ban | — |
| South Carolina | Ban still in the constitution, unenforceable | Added 2006 |
| South Dakota | Ban still in the constitution, unenforceable | Added 2006 |
| Tennessee | Ban still in the constitution, unenforceable | Added 2006 |
| Texas | Ban still in the constitution, unenforceable | Added 2005 |
| Utah | Ban still in the constitution, unenforceable | Added 2004 |
| Vermont | Never had a constitutional ban | — |
| Virginia | Ban still in the constitution, unenforceable | Added 2006; repeal on the ballot: Question 2, November 3, 2026 |
| Washington | Never had a constitutional ban | — |
| West Virginia | Never had a constitutional ban | — |
| Wisconsin | Ban still in the constitution, unenforceable | Added 2006 |
| Wyoming | Never had a constitutional ban | — |
Many states also have older marriage statutes on the books. This page counts only constitutional amendments, because those are the ones that would take a public vote to remove.
How Support Has Changed
Gallup has asked Americans the same question since 1996: should marriages between same-sex couples be recognized as valid, with the same rights as traditional marriages? In its first reading, 27% said yes.
Support rose for 25 years, peaked at 71% in 2022 and 2023, and has slipped to 65% in 2026.
| Category | Value |
|---|---|
| 2006 | 42% |
| 2011 | 53% |
| 2016 | 61% |
| 2021 | 70% |
| 2026 | 65% |
Source: Gallup, LGBTQ+ Rights historical trends (May readings; 2026 survey May 1-17).
The recent drop comes almost entirely from Republicans.
| Group | 2022 | 2026 | Change |
|---|---|---|---|
| All adults | 71% | 65% | −6 pts |
| Republicans | 55% | 37% | −18 pts |
| Democrats | 87% | 87% | ±0 pts |
Source: Gallup, June 3, 2026. Republican figure for 2022 is the 55% Gallup reports for 2021 and 2022.
Independents stood at 67% in 2026, down six points, according to the same Gallup report (Gallup). A majority of the country still supports marriage equality. The gap between Democrats and Republicans is now 50 points.
When Same-Sex Marriage Became Legal in the U.S.
Same-sex marriage became legal in every state on June 26, 2015, when the Supreme Court decided Obergefell v. Hodges. Massachusetts was first, issuing licenses on May 17, 2004. Marriage equality came state by state before it came nationwide.
- Defense of Marriage Act Federal law defines marriage as one man and one woman.
- Massachusetts The first state to issue licenses to same-sex couples, on May 17.
- United States v. Windsor The Court strikes down DOMA's federal definition.
- Obergefell v. Hodges Marriage equality in all 50 states.
- Respect for Marriage Act Congress repeals DOMA and writes recognition into law.
- Davis petition denied The Court declines to revisit Obergefell.
Key Dates in U.S. Marriage Law: 1996: Defense of Marriage Act (Federal law defines marriage as one man and one woman.). 2004: Massachusetts (The first state to issue licenses to same-sex couples, on May 17.). 2013: United States v. Windsor (The Court strikes down DOMA's federal definition.). 2015: Obergefell v. Hodges (Marriage equality in all 50 states.). 2022: Respect for Marriage Act (Congress repeals DOMA and writes recognition into law.). 2025: Davis petition denied (The Court declines to revisit Obergefell.).
1996: Congress passed the Defense of Marriage Act, which barred federal recognition of same-sex marriages and let states refuse to honor other states’ marriages. 2004: Massachusetts began issuing licenses after its highest court ruled for the couples in Goodridge. The same year, voters in 13 states approved constitutional bans. 2013: In United States v. Windsor, the Supreme Court struck down the federal definition. 2015: Obergefell required every state to license and recognize these marriages. 2022: Congress repealed the Defense of Marriage Act. 2025: The Court denied Kim Davis’s petition to reconsider Obergefell.
Same-Sex Marriage Around the World
The United States was not early. The Netherlands opened marriage to same-sex couples in 2001, and more than a dozen countries had followed by the time Obergefell was decided in 2015.
Same-sex marriage is legal in 38 countries. Pew’s list puts the United States 18th, and 20 countries have joined since, more in 2021-2025 than in any earlier five years.
| Category | Value |
|---|---|
| 2001-2005: 4 countries | 4 |
| 2006-2010: 6 countries | 6 |
| 2011-2015: 8 countries | 8 |
| 2016-2020: 9 countries | 9 |
| 2021-2025: 11 countries | 11 |
Source: Pew Research Center, Same-Sex Marriage Around the World (updated June 2, 2025). Pew notes that Nepal has government directives but no marriage law on the books.
The most recent are Liechtenstein and Thailand, both in 2025. 32 of the 38 countries are in Europe or the Americas, and marriage equality has reached few places in Africa, the Middle East, or Asia outside Taiwan, Nepal, and Thailand (Pew Research Center).
The Honest Disagreement
The two sides of the 2015 decision are still the two sides today, and both are in the opinions.
Justice Anthony Kennedy, writing for the majority, held that marriage is a fundamental right that the Constitution protects for same-sex couples. “They ask for equal dignity in the eyes of the law,” he wrote. “The Constitution grants them that right.”
Chief Justice John Roberts’s dissent turned on who should decide the question. “This Court is not a legislature,” he wrote, and he told supporters to “celebrate today’s decision” but “do not celebrate the Constitution. It had nothing to do with it.” Justice Thomas’s 2022 call to reconsider the ruling rests on the same objection to the legal method, which he calls substantive due process.
Religious liberty is the third thread. Kennedy wrote that religions “may continue to advocate with utmost, sincere conviction” that same-sex marriage should not be condoned. The Respect for Marriage Act wrote a version of that into law: religious nonprofits cannot be required to provide services for a wedding. Disputes over businesses and public officials who object continue in the courts.
Limits of the Ban Counts and the Polls
- Statutory bans. Many states also have older marriage laws that were never repealed. No source we could verify lists them all, so the counts above cover constitutions only.
- Wedding businesses. Whether a business can refuse to serve a same-sex wedding is a free speech question the Court addressed in 303 Creative v. Elenis (2023). It is separate from whether the marriage is legal.
- Marriage abroad. Pew Research Center tracks the countries where same-sex marriage is legal. This page covers U.S. law.
- Polling limits. Gallup’s question asks about recognition, not about any specific law, and one poll a year cannot capture every shift.
Frequently Asked Questions
Is same-sex marriage still legal in the United States?
Yes. It is legal in all 50 states under Obergefell v. Hodges (2015). The Supreme Court declined a request to reconsider the ruling on November 10, 2025.
Did the Supreme Court overturn same-sex marriage?
No. The Court turned down Kim Davis’s petition in November 2025 without taking the case. Only a new case the Court agrees to hear could change the ruling.
When was gay marriage legalized in the United States?
Massachusetts became the first state to issue licenses on May 17, 2004. Marriage equality became law in every state on June 26, 2015.
What would happen if Obergefell were overturned?
Existing marriages would still count for federal purposes, and states would still have to honor marriages from other states under the Respect for Marriage Act. States with a constitutional ban could stop issuing new licenses.
Is same-sex marriage legal in Texas?
Yes. Same-sex marriage is legal in Texas, as in every state, under Obergefell v. Hodges. Texas voters added a ban to the state constitution in 2005. It is still in the text but cannot be enforced while Obergefell stands.
What You Can Do
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If you live in Virginia, vote on Question 2 on November 3, 2026. It would remove the state’s 2006 ban and affirm marriage regardless of sex, gender, or race. The Virginia Department of Elections has the full text.
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If you are a parent, get a court judgment of parentage. GLAD Law’s guide to parentage security explains why a judgment is recognized in every state.
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If your state’s constitution still has a ban, ask your state legislators about repeal. In most states, a repeal needs a public vote. Ask your legislators whether they will support sending one to the ballot.
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Ask your members of Congress to protect the law already on the books. The Respect for Marriage Act passed with support from both parties. Our guide to writing your representatives walks through a short, effective message. The organizing behind efforts to reverse Obergefell is covered in our anti-LGBTQ movement explainer.