Same-sex marriage in the United States
[3] The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in the civil rights movement, including Coretta Scott King, John Lewis, Julian Bond, and Mildred Loving.[10] The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional.On May 17, 2004, Massachusetts became the first U.S. state and the sixth jurisdiction in the world to legalize same-sex marriage following the Supreme Judicial Court's decision in Goodridge v. Department of Public Health six months earlier.[14] The United States was the seventeenth country in the world and the second in North America after Canada, to allow same-sex couples to marry nationwide.[25] Most lawsuits that sought to require a state to recognize a marriage established in another jurisdiction argue on the basis of equal protection and due process, not the Full Faith and Credit Clause.[29] Beginning in 2010, eight federal courts found DOMA Section 3 unconstitutional in cases involving bankruptcy, public employee benefits, estate taxes, and immigration.[35][36][37][38] In February 2014, the Justice Department expanded federal recognition of same-sex marriages to include bankruptcies, prison visits, survivor benefits and refusing to testify against a spouse.[41][42] Effective March 27, 2015, the definition of spouse under the Family and Medical Leave Act of 1993 includes employees in a same-sex marriage regardless of state of residence.[43][44] Following the Obergefell decision, the Justice Department extended all federal marriage benefits to married same-sex couples nationwide.[47] On April 2, 2014, the Alabama House of Representatives adopted a resolution calling for a constitutional convention to propose an amendment to ban same-sex marriage nationwide.[48] In 2022, Justice Clarence Thomas named Obergefell v. Hodges as a case that should be revisited in his concurrence of Dobbs v. Jackson Women's Health Organization, which had overturned Roe v. Wade and Planned Parenthood v. Casey on the basis that abortion protection was not a "deeply rooted" right in the Constitution.In May 2016, Moore was charged with ethics violations by the state Judicial Inquiry Commission for the ruling,[54] subsequently being suspended from the bench for the remainder of his term on September 30 of that year.In Arkansas, Florida, Indiana, and Wisconsin, same-sex couples have been met with rejection when trying to get both parents' names listed on the birth certificate.Some counties in Alabama issued marriage licenses to same-sex couples for three weeks until the state Supreme Court ordered probate judges to stop doing so.[108] Some have argued that the successful use of social media by LGBTQ rights organizations played a key role in the defeat of religion-based opposition.[109] One of the largest scale uses of social media to mobilize support for same-sex marriage preceded and coincided with the arrival at the U.S. Supreme Court of high-profile legal cases for Proposition 8 and DOMA in March 2013.[110] At the time of the court hearings, an estimated 2.5 million Facebook users changed their profile images to a red equal sign.[131] In October 2014, Obama told an interviewer that his view had changed: Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states.In an interview on The O'Reilly Factor in August 2010, when Glenn Beck was asked if he "believe(s) that gay marriage is a threat to [this] country in any way", he stated, "No I don't.[156] The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples).In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities.The establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among teenagers, with the effect being concentrated among teens of a minority sexual orientation.[162] A 2004 study by the Congressional Budget Office found 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.[163] According to a study published in May 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, the legalization of same-sex marriage boosted state and local economies by an estimated 3.8 billion dollars.[168][169] Based in part on research that has been conducted on the adverse effects of stigmatization of gays and lesbians, numerous prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the American Psychological Association.Past research has shown that minority stress is linked to health risks such as risky sexual behavior and substance abuse.[174] Two other studies examined personal reports from LGBTQ adults and their families living in Memphis, Tennessee, immediately after a successful 2006 ballot campaign banned same-sex marriage.The studies also found that families experienced a kind of secondary minority stress, says Jennifer Arm, a counseling graduate student at the University of Memphis.[180] Since then, several shows and series have featured same-sex marriages, including amongst others Married...with Children, Roseanne ("December Bride"), Glee, Friends ("The One with the Lesbian Wedding"), Brooklyn Nine-Nine, Modern Family, The Simpsons ("There's Something About Marrying"), The Ellen DeGeneres Show, Brothers & Sisters, Grey's Anatomy, Will & Grace, Conan, Steven Universe, Shameless, The Fosters, etc.[217][218][219] In a 2024 Gallup poll, 69% of respondents stated that same-sex marriage should be legally recognized as valid under the law (83% of Democrats, 74% of independents and 46% of Republicans), while 29% were opposed.
Performed and recognized
Recognized when performed elsewhere
Recognized by state and federal governments, but not by tribal government
(mixed jurisdiction; not performed by tribal government)
(mixed jurisdiction; not performed or recognized by tribal government)
Same-sex marriage legal (including by court decision)
Same-sex marriage ban overturned, decision stayed indefinitely
Same-sex marriage banned where federal circuit court has found similar bans unconstitutional
Same-sex marriage banned
Same-sex marriage legality complicated
1 Native American tribal nations have laws pertaining to same-sex marriage independent of state law. The federal government recognizes same-sex marriages, regardless of the current state of residence.
80–81%
70–79%
60–69%
50–59%
49% (plurality support)
Jack Baker and Michael McConnellLegal status ofsame-sex unionsMarriageAndorraArgentinaAustraliaAustriaBelgiumBrazilCanadaColombiaCosta RicaDenmarkEcuadorEstoniaFinlandFranceGermanyGreeceIcelandIrelandLiechtensteinLuxembourgMexicoNetherlandsNew ZealandNorwayPortugalSloveniaSouth AfricaSwedenSwitzerlandTaiwanThailandUnited KingdomUruguayIsraelAmerican SamoaCivil unionsBoliviaCroatiaCyprusCzech RepublicHungaryLatviaMonacoMontenegroSan MarinoBermudaCayman IslandsMinimal recognitionBulgariaCambodiaHong KongLithuaniaNamibiaSint MaartenPolandRomaniaSlovakiaSame-sex union legislationSame-sex union court casesTimeline of same-sex marriageRecognition of same-sex unions in AfricaRecognition of same-sex unions in AsiaRecognition of same-sex unions in EuropeRecognition of same-sex unions in the AmericasRecognition of same-sex unions in OceaniaMarriage privatizationDivorce of same-sex couplesDomestic partnershipMilitary policyAdoptionLGBTQ rights by country or territoryCaribbean NetherlandsAruba and CuraçaoNiue, Tokelau, or the Cook IslandsBritish Overseas Territoriessome tribal nationsComan v. RomaniaEuropean Court of JusticeEU citizensguru–shishyanata prathamaitri kararpartnership certificatessame-sex marriageMassachusettsall fifty statesmarriage lawsSupreme Court of the United Statesfundamental rightDue Process ClauseEqual Protection ClauseFourteenth Amendment to the United States Constitutionlandmarkcivil rightsLoving v. VirginiaBaker v. NelsonSupreme Court of HawaiiBaehr v. LewinConstitution of HawaiiDefense of Marriage ActMassachusetts Supreme Judicial CourtGoodridge v. Department of Public HealthConstitution of Massachusettsthe tide of public opinionreferendumsinitiativeshuman rightscivil rights movementCoretta Scott KingJohn LewisJulian BondMildred Lovingcivil rightFifth Amendment to the United States ConstitutionUnited States v. WindsorObergefell v. HodgesRespect for Marriage Actnationwide public support for same-sex marriage2020 United States censusHistory of same-sex marriage in the United StatesTimeline of same-sex marriage in the United StatesNew Orleanscivil marriage rights