Gay Marriage Laws

Same-Sex Marriage in the United States: A Historical and Legal Overview (Updated April 2025)

Same-sex marriage is now legal in all 50 states, the District of Columbia, and U.S. territories. This legal status is the result of a combination of landmark judicial decisions and legislative actions over the past two decades.

Federal Recognition

Historically, the federal government did not recognize same-sex marriages under the Defense of Marriage Act (DOMA), enacted in 1996. However, this changed in June 2013, when the U.S. Supreme Court, in United States v. Windsor, declared Section 3 of DOMA unconstitutional. This decision ensured that same-sex marriages recognized by states would also be recognized by the federal government.

State-Level Legalization

The movement toward marriage equality began at the state level. In November 2003, Massachusetts’ highest court ruled that the prohibition of same-sex marriage violated the state constitution. Massachusetts became the first U.S. state to issue marriage licenses to same-sex couples on May 17, 2004.

In the years that followed, other states gradually joined in:

• Connecticut legalized same-sex marriage by court decision in 2008, following civil union legislation in 2005.
• Iowa‘s Supreme Court ruled in favor of marriage equality in 2009.
• Vermont became the first state to legalize same-sex marriage through legislative action in 2009, overriding a gubernatorial veto.
• New Hampshire legalized same-sex marriage in 2009, following its earlier recognition of civil unions.
• New York legalized same-sex marriage through legislation signed by Governor Andrew Cuomo in June 2011, effective July 2011.
• Washington, D.C. legalized same-sex marriage in March 2010 after a Congressional review period.
• Other states, such as California, experienced complex legal battles. After legalizing same-sex marriage in 2008, California’s Proposition 8 temporarily banned it. In 2013, the U.S. Supreme Court ruled that Proposition 8’s defenders lacked standing, reinstating the lower court ruling that found the ban unconstitutional.

By mid-2014, more than 30 states recognized same-sex marriage through court rulings, legislation, or ballot measures.

Nationwide Legalization: Obergefell v. Hodges (2015)

The turning point came on June 26, 2015, when the Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marry. This landmark decision required all states to license and recognize same-sex marriages, making marriage equality the law of the land across the United States.

Ongoing Developments and Protections

Although marriage equality is federally protected, some states still have unenforceable constitutional or statutory bans on same-sex marriage in place. These remain on the books but have no legal effect due to the Obergefell decision.

In December 2022, Congress passed the Respect for Marriage Act, which repealed the remnants of DOMA and requires all states to recognize same-sex and interracial marriages performed in other jurisdictions, even if a future Supreme Court ruling were to overturn Obergefell.

In 2024, several states, including California, Colorado, and Hawaii, passed measures to formally remove outdated bans from their state constitutions and reinforce marriage equality protections.

Conclusion

As of 2025, same-sex marriage is fully legal and recognized throughout the United States. While the legal right to marry is secure at both the federal and state levels, efforts continue to ensure that outdated laws are repealed and equal rights are consistently upheld.

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