Same-Sex Marriage Laws by State

Marriage equality is the legal right for two people to marry regardless of gender. In the United States, same-sex couples have the right to marry in every state, protected by both the Supreme Court’s ruling in the 2015 decision in Obergefell v. Hodges and the Respect for Marriage Act. Together, these two pillars of law ensure that marriage same-sex couples have access to the same legal rights and protection as any other couple. GLAD Law has been a central force in the fight for marriage equality, including playing a key role in litigation that helped pave the way for nationwide recognition.

Before the Supreme Court’s 2015 ruling, same-sex couples had no federal right to marry, and the legal landscape varied widely by state. Many states created alternatives such as civil unions and domestic partnerships to give same-sex couples access to some legal protections. These arrangements offered limited recognition, but they weren’t marriages, and they weren’t recognized across state lines or by the federal government. Some of these arrangements still exist today, and in certain situations they may still be relevant, but for most couples, marriage now provides the most comprehensive protections available.

Below, we answer common questions about where same-sex marriage is legal, how federal law protects marriage equality, and how domestic partnerships, civil unions, and common law marriage work across the country.

Is Same-Sex Marriage Legal in Every State?

Yes. Same-sex marriage is legal in all 50 states.

In June 2015, the US Supreme Court ruled in Obergefell v. Hodges that state bans on same-sex marriage violate the Fourteenth Amendment. The Court held that marriage is a fundamental right and that denying same-sex couples the right to marry also violates equal protection under the law. As a result, every state was immediately required to license marriage between same-sex couples and to recognize same-sex marriages performed in other states.

As a result of the ruling:

• Same-sex couples can marry in every state
• States must recognize same-sex marriages performed in other states
• Married couples must receive the same legal rights and responsibilities regardless of gender

The practical effect of Obergefell was immediate and far-reaching; Couples who had been together for decades were able to marry, families that had relied on a patchwork of state-level protections finally had access to consistent federal recognition, including the ability to file joint tax returns, sponsor a spouse for immigration, and make medical decisions on a partner’s behalf.

GLAD Law played a central role in the legal movement that made this ruling possible. Through decades of litigation, GLAD Law helped establish the legal foundation for marriage equality, expanding rights and protections for same-sex couples and their families long before Obergefell made those rights universal.

Before the ruling, many states had created alternative legal relationships for same-sex couples, including civil unions and domestic partnerships. These were designed to provide some of the rights of marriage when marriage itself was not available. Some of these arrangements still exist today. In certain states, couples can still register as domestic partners or may hold civil unions that were created before marriage equality. While these relationships can offer limited legal protections, they generally do not carry the same rights and recognition that come with marriage, particularly at the federal level.

Today, marriage equality applies nationwide. Couples can obtain a marriage license in any state and have that marriage recognized across the country, regardless of where they live or travel.

Can the Trump Administration Overturn Marriage Equality?

No. Marriage equality in the United States is grounded in constitutional law, which means it cannot be changed by a president acting alone.

The Supreme Court’s decision in Obergefell v. Hodges established that same-sex couples have a fundamental right to marry under the constitution, and that ruling remains binding nationwide. Executive orders issued by the Trump administration cannot overturn Supreme Court decisions, change the constitution, or eliminate the legal right to marry. Executive orders are directives to federal agencies and are subject to legal limits and court review. While these actions can create confusion or attempt to influence federal policy, they don’t change existing constitutional protections. They can’t overturn Supreme Court decisions, amend the Constitution, or eliminate the legal right to marry. The Respect for Marriage Act provides an additional layer of federal statutory protection, requiring the federal government and individual states to recognize marriages that were legally performed, regardless of the couple’s gender or race.

At the same time, recent federal actions and political rhetoric have raised concerns about how LGBTQ+ families may be treated in areas like healthcare, education, and family recognition. These actions don’t change the legality of marriage itself, but they reflect broader efforts to limit protections for LGBTQ+ people and families. Even so, attempts to directly challenge marriage equality haven’t succeeded, including a recent effort by Kim Davis to overturn marriage equality that was denied by the Supreme Court.

For LGBTQ+ families, the most important thing to understand is that your marriage is legally valid and federally recognized. If you have questions about how current federal actions may affect your specific situation, GLAD Law Answers provides free and confidential legal information to help you understand your rights.

GLAD Law remains prepared to defend against any attempts to undermine Obergefell and continues to advocate for strong legal protections for LGBTQ+ families, from marriage recognition to parentage and access to family building.

What is the Respect for Marriage Act?

In addition to Obergefell, Congress strengthened protections for married couples through the Respect for Marriage Act. signed by President Joe Biden on December 13, 2022. The law strengthens protections for married couples, including same-sex couples and interracial couples, by ensuring that marriages are respected by both federal and state governments.

The law was passed in response to growing concern that the Supreme Court might reconsider earlier rulings protecting marriage equality, particularly after the Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and raised questions about the stability of other landmark rulings. Congress passing the RMA provided additional legal protection and stability for families across the country that would exist independently of any future changes to Supreme Court precedent, giving families across the country greater legal certainty.

The Respect for Marriage Act does several important things:

1. It repeals the Defense of Marriage Act

   The Defense of Marriage Act (DOMA) was a 1996 federal law that defined marriage for federal purposes as between one man and one woman. It denied federal recognition to gay couples even in states where marriages were legally performed, blocking couples from accessing federal benefits. Although key parts of DOMA had already been struck down by the Supreme Court in United States v. Windsor in 2013, the Respect for Marriage Act formally removed the remaining provisions from federal law.

2. It requires federal recognition of lawful marriages

   The law ensures that the federal government must recognize any marriage that was legally performed in a state, regardless of the couple’s gender, race, ethnicity, or national origin.

3. It requires states to respect marriages performed in other states

   Even if a state were to restrict marriage in the future, the law requires states to recognize marriages that were legally performed elsewhere. This is particularly important for couples who move, travel, or relocate across state lines, ensuring that a marriage valid in one state can’t be invalidated simply by crossing a border.

4. It reinforces the freedom to marry for families across the country

   By requiring governments to respect existing marriages, the law provides clarity and stability for millions of families who rely on marriage for legal protections and recognition. It’s a safeguard that exists in federal statute, meaning it can’t be undone by a Supreme Court ruling alone.

While the Respect for Marriage Act does not replace the Supreme Court’s ruling in Obergefell v. Hodges, the two work together to protect marriage equality from multiple angles. Obergefell establishes the constitutional right to marry, and the Respect for Marriage Act ensures that right is backed by federal law. Together, they represent the strongest legal foundation for marriage equality in US history.

What Rights Do Married Same-Sex Couples Have?

Marriage provides many important legal protections and responsibilities, and these rights apply equally to same- and opposite-sex couples. Since Obergefell, same-gender spouses are entitled to the same federal and state benefits as any other married couple, covering everything from financial and tax benefits to healthcare decision-making and family recognition.

Examples include:

• Filing joint federal taxes: Married couples can file jointly, which often results in lower tax burden and access to credits and deductions not available to single filers.
• Access to spousal Social Security benefits: A spouse may be entitled to Social Security retirement benefits, disability, or survivor benefits based on their partner’s work record.
• Hospital visitation and medical decision making: Marriage gives spouses the legal authority to visit a partner in the hospital and make decisions on their behalf if they’re unable to do so themselves.
• Inheritance rights: A surviving spouse generally has the right to inherit from their partner, including protections that apply even when there’s no will in place.
• Immigration sponsorship for a spouse: US citizens and lawful permanent residents can sponsor a same-sex spouse for immigration benefits, including a green card.
• Parenting and adoption rights in many circumstances: Marriage can establish legal parentage for both spouses, which is particularly important for LGBTQ+ families where one or both parents may not have a biological connection to the child.

Legal parentage isn’t automatic in every situation, and the rights of LGBTQ+ parents have been the subject of significant litigation across the country. GLAD Law has worked on numerous cases to protect LGBTQ+ parenting rights, including Pavan v. Smith, which established that same-sex parents must be listed on their child’s birth certificate on the same terms as opposite-sex parents, Henderson v. Adams, and Glover v. Junior. These cases reflect the ongoing work required to ensure that marriage equality translates into full family recognition.

What are Domestic Partnerships?

Domestic partnerships are legal relationships that provide some of the rights and responsibilities of marriage without being a marriage. They were created as a stopgap before marriage equality was recognized nationwide, giving same-sex couples a way to access legal protections that were otherwise unavailable to them.

Many states and cities established domestic partnership systems in the 1990s and early 2000s, at a time when same-sex couples had no path to legal marriage in most of the country. These systems varied widely in scope. Some offered a relatively broad set of protections, while others provided only limited benefits like hospital visitation or access to a partner’s employer-sponsored health insurance. The rights attached to a domestic partnership depended entirely on where it was registered and whether the couple’s employer or state government chose to recognize it.

Domestic partnerships may provide benefits such as:

• Health insurance coverage through a partner’s employer: Many employers that recognize domestic partnerships extend health benefits to a registered partner, though this varies by employer and state.
• Hospital visitation rights: Registered domestic partners may have the legal right to visit a partner in the hospital and, in some cases, to participate in medical decision-making.
• Limited inheritance or property rights: Some states grant domestic partners certain inheritance or property rights, though these are generally more limited than those available through marriage.
• Access to certain state or local benefits: Depending on where the partnership is registered, couples may be entitled to state or municipal benefits such as family leave or bereavement leave.

Today, some states still allow couples to register as domestic partners. In many cases these options are available to both same-sex and different-sex couples. Domestic partnerships may be available in states such as California, Oregon, Nevada, Washington, and Hawaii, though the rights vary significantly from state to state. Some cities and counties also maintain their own local domestic partnership registries, independent of state law.

It is worth noting that domestic partnerships do not carry the same federal recognition as marriage. They do not provide access to federal benefits like Social Security spousal benefits, joint federal tax filing, or immigration sponsorship. For couples seeking the broadest and most portable set of legal protections, marriage generally remains the more comprehensive option.

What Are Civil Unions?

Civil unions are another type of legal relationship that was created before nationwide marriage equality. Like domestic partnerships, they emerged as an alternative to marriage at a time when same-gender couples were legally barred from marrying in most states. Unlike domestic partnerships, however, civil unions were typically designed to mirror marriage as closely as possible under state law, offering a more comprehensive set of protections than most domestic partnership arrangements.

Vermont was the first state to establish civil unions, doing so in 2000 following the Vermont Supreme Court’s ruling in Baker v. Vermont, a case in which GLAD Law played a central role. Other states followed, including Connecticut, New Jersey, and Illinois. These civil unions gave couples access to many of the same state-level rights as married couples, covering areas like inheritance, medical decision-making, and property rights.

However, civil unions had a significant limitation: they were not recognized as marriages under federal law. This meant that even couples in a civil union were denied access to the full range of federal benefits available to married couples, including Social Security spousal benefits, joint federal tax filing, and immigration sponsorship. It also meant that civil unions were often not recognized when couples crossed state lines into states that did not have their own civil union laws.

GLAD Law has been involved in litigation addressing many forms of relationship recognition and couples’ rights, including cases that expanded legal protections for LGBTQ+ couples and their families long before marriage equality was recognized nationwide.

Today, the legal landscape has shifted significantly. Some states still recognize civil unions that were created before marriage equality, and couples who hold a civil union may choose to convert it into a legal marriage. Because marriage provides broader and more consistent legal protections than a civil union, particularly at the federal level, many couples have chosen to make that conversion. If you are currently in a civil union and have questions about your rights or how to convert to a legal marriage, GLAD Law Answers can help.

What’s the Difference Between Domestic Partnerships and Civil Unions?

The core distinction between domestic partnerships and civil unions comes down to scope and origin. Civil unions were created at the state level and were designed to closely mirror marriage under state law, offering couples many of the same rights and responsibilities as married couples within that state. Domestic partnerships, by contrast, could be created by states, cities, or even individual employers, and typically offered a more limited set of benefits, such as access to a partner’s health insurance or local government recognition.

In practice, this meant that a couple in a civil union in Vermont had access to a much broader set of state-level protections than a couple registered as domestic partners in a city that only recognized the arrangement for purposes of employee benefits. Neither form of relationship recognition was recognized under federal law before marriage equality, which meant both fell short of the full legal standing that marriage provides.

Today, the distinction matters less than it once did, since marriage is now available nationwide and provides the most comprehensive legal protection for couples. However, if you are currently in either a civil union or a domestic partnership and are unsure how your arrangement affects your legal rights, it is worth understanding exactly what protections your specific registration provides and whether converting to a legal marriage might better serve your family’s needs.

What States Recognize Common Law Marriage?

Common law marriage is different from a marriage obtained through a license and formal ceremony. Rather than going through an official process, a couple may be considered legally married under common law if their relationship meets certain requirements established by state law. These requirements typically include living together for a certain period of time, presenting themselves publicly as a married couple, and intending to be married. The specific requirements vary by state, and not every state that once recognized common law marriage still does.

States that currently recognize common law marriage include:

• Colorado
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas
• Utah

The District of Columbia also recognizes common law marriage.

It’s important to understand that common law marriage, where it exists, carries the same legal weight as a formally licensed marriage. This means that couples in a valid common law marriage have access to the same rights and responsibilities as any other married couple, including inheritance rights, spousal benefits, and the ability to make medical decisions for a partner. It also means that ending a common law marriage requires a formal divorce, just like any other marriage.

For same-sex couples, common law marriage is available in these states on the same terms as for opposite-sex couples, provided the relationship meets the legal requirements. This is a relatively recent development that followed from marriage equality, and it means that same-sex couples who have been living together and presenting themselves as married in one of these states may already have legal protections they aren’t aware of.

Some states that no longer allow new common law marriages still recognize ones that were created before a certain date or that were validly formed in another state. If you believe you may be in a common law marriage, or if you have questions about how common law marriage affects your rights, GLAD Law Answers can help you understand your situation.

Are Domestic Partnerships or Civil Unions Still Necessary?

For many couples, marriage is now the most straightforward and comprehensive way to secure legal protections. It provides consistent recognition at both the state and federal levels, travels with you across state lines, and unlocks the full range of rights and responsibilities that come with legal marriage. For same-gender couples who fought for decades to access these protections, marriage is often the clear choice.

That said, domestic partnerships and civil unions may still make sense in certain situations. For example:

• Couples who do not want to marry but want some legal recognition: Not every couple wants to marry, for personal, cultural, or philosophical reasons. For these couples, a domestic partnership or civil union may offer a meaningful level of legal recognition without the full commitment of marriage.
• Older couples who wish to avoid affecting Social Security or pension benefits: In some cases, getting married can affect a surviving spouse’s Social Security benefits or pension eligibility, particularly for widows or widowers who receive benefits based on a former spouse’s work record. For these couples, a domestic partnership may provide some practical protections without triggering those changes.
• Couples who want limited legal protections without entering into marriage: Some couples may only need access to specific benefits, such as employer-sponsored health insurance or hospital visitation rights, and may prefer a more limited legal arrangement to achieve that.

Because these arrangements vary widely by state, and because the rights they provide are generally more limited and less portable than marriage, it is worth carefully reviewing what your specific registration actually provides before deciding which option best fits your situation. What a domestic partnership offers in California may be very different from what it offers in another state, and neither may be recognized if you move or travel.

Why Does Marriage Equality Still Matter Today?

Marriage equality is about more than the right to marry. It is about ensuring that LGBTQ+ couples and their families have access to the same legal protections, recognition, and security as every other family in the country. Those protections touch nearly every area of life, from healthcare decisions and parenting rights to inheritance, taxes, immigration, and financial security. For many LGBTQ+ families, marriage equality has been transformative, providing legal certainty and stability that simply did not exist before 2015.

But legal rights are only meaningful if they are defended and enforced. The political and legal landscape continues to shift, and efforts to limit protections for LGBTQ+ people and families have not stopped. Marriage equality may be the law of the land, but the work of ensuring that same-sex couples are treated equally in practice, across healthcare systems, family courts, employers, and government agencies, is ongoing.

GLAD Law continues to lead that work through litigation, policy advocacy, and public education. If you want to learn more about the cases that shaped marriage equality and the work still being done to protect LGBTQ+ families, you can explore the cases Obergefell v. Hodges, as well as cases involving family recognition and LGBTQ+ parenting such as Pavan v. Smith, Henderson v. Adams, and Glover v. Junior.

Frequently Asked Questions