States Where Same Sex Marriage Is Legal2 min read
As of June 26, 2015, same-sex marriage is legal in all 50 states of the United States. This is a result of the Supreme Court’s ruling in Obergefell v. Hodges, which found that the Constitution requires states to license marriages between two people of the same sex and to recognize marriages between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.
The first state to legalize same-sex marriage was Massachusetts, which did so in 2004. Since then, other states have followed suit, either through legislative action or by court order.
The map below shows the states where same-sex marriage is currently legal.
Table of Contents
Is it legal in all 50 states to marry same-sex?
The legality of same-sex marriage has been a hot topic in the United States for many years. In 2015, the Supreme Court legalized same-sex marriage nationwide with the Obergefell v. Hodges decision. However, this ruling is not without its opponents.
There are still a number of states in which it is not legal to marry someone of the same sex. As of September 2019, there are 21 states in which same-sex marriage is not legal. These states are:
Alabama
Arkansas
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Missouri
Montana
Nebraska
North Carolina
Ohio
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
West Virginia
Wisconsin
Wyoming
Since the Obergefell v. Hodges decision, there have been a number of attempts to challenge it. In 2017, the Supreme Court ruled in favor of same-sex marriage in the case of Pavan v. Smith. This case involved two married lesbian couples who had been denied birth certificates listing both parents.
Despite the rulings of the Supreme Court, there are still a number of attempts to limit the rights of same-sex couples. For example, in 2018 the state of Texas passed a bill which would have allowed businesses to refuse service to same-sex couples. This bill was eventually struck down by a federal court.
Ultimately, the legality of same-sex marriage is determined by the Supreme Court. As of September 2019, same-sex marriage is legal in all 50 states.
How many states currently allow same-sex marriage?
As of June 26, 2015, same-sex marriage is legal in all fifty states.
Prior to the landmark Supreme Court decision in Obergefell v. Hodges, same-sex marriage was only legal in thirty-six states plus the District of Columbia. The remaining fourteen states had either a constitutional or statutory ban on same-sex marriage.
In Obergefell, the Supreme Court held that the Fourteenth Amendment requires that all states must license and recognize marriages between two people of the same sex. The Court’s 5-4 decision was based on the principle of equal protection under the law.
Since the Obergefell decision, several states have had their bans on same-sex marriage overturned by state courts. These include Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Tennessee.
