This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.

There are 26 states which have constitutions including bans on same-sex marriage or other types of unions, and 30 states have statutes that ban same-sex marriage or other types of unions although these are all defunct under the Obergefell ruling. In November 2020, Nevada became the first state to repeal its constitutional ban on same-sex marriage following Obergefell.

As of 2015, same-sex marriage is now legal in all fifty states due to a ruling from the Supreme Court. However, in the aftermath of the Dobbs v. Jackson Women's Health Organization ruling, statutory or constitutional bans on same-sex marriages have received renewed attention over its applicability should Obergefell be overturned.

In December 2022, President Biden signed the Respect for Marriage Act. In the case that Obergefell is overturned and individual states outlaw same-sex marriages, the legislation regulates that all states and US territories must recognize legal unions performed in states where they are allowed. The Respect for Marriage Act was passed with bipartisan support in both chambers of Congress.

Alabama

Ban declared unconstitutional? Legalized by state?

Texts: ALABAMA CONSTITUTION - Amendment 774. Sanctity of Marriage Amendment (=Ref.1, cited as the approves of Marriage Amendment) & ALABAMA CODE - Title 30. Marital and domestic relations - Chapter 1. Marriage. § 30-1-19. Marriage, recognition thereof, between persons of the same sex prohibited.(=Ref.2, cited as the "Alabama Marriage Protection Act") Ref.1 (b) & Ref.2 (b) Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting the unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state. Ref.1 (c) & Ref.2 (c) Marriage is a sacred covenant, solemnized between a man and a woman, which, when the legal capacity and consent of both parties is present, establishes their relationship as husband and wife, and which is recognized by the state as a civil contract. Ref.1 (d) & Ref.2 (d) No marriage license shall be issued in the State of Alabama to parties of the same sex. Ref.1 (e) & Ref.2 (e) The State of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued. Ref.1 (f) The State of Alabama shall not recognize as valid any common law marriage of parties of the same sex. Ref.1 (g) A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage.

Alaska

Ban declared unconstitutional? Legalized by state?

Texts: ALASKA CONSTITUTION - Article I. Declaration of Rights - §25. Marriage : To be valid or recognized in this State, a marriage may exist only between one man and one woman. ALASKA STATUTES - Section 25. Marital and domestic relations - Chapter 25.05. Alaska marriage code Section 25.05.013. Same-sex marriage: (a) A marriage entered into by persons of the same sex, either under common law or under statute, that is recognized by another state or foreign jurisdiction is void in this state, and contractual rights granted by virtue of the marriage, including its termination, are unenforceable in this state. (b) A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage.

Arizona

Ban declared unconstitutional? Legalized by state?

Texts: ARIZONA CONSTITUTION - ARTICLE XXX. MARRIAGE: 1. Marriage Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state. ARIZONA REVISED STATUTES - Title 25 - Marital and Domestic Relations § 25-101 Void and prohibited marriages ... C. A marriage between persons of the same sex is void and prohibited. ARIZONA REVISED STATUTES - Title 25 - Marital and Domestic Relations § 25-112 Marriages contracted in another state; validity and effect ... A. Marriages valid by the laws of the place where contracted are valid in this state, except marriages that are void and prohibited by section 25-101.

Arkansas

Ban declared unconstitutional? Legalized by state?

Texts: Arkansas Constitution Amendment 83: Section 1. Marriage. Marriage consists only of the union of one man and one woman. Section 2. Marital status. Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas, except that the legislature may recognize a common law marriage from another state between a man and a woman.

Arkansas Code Annotated - Title 9. Family law - subtitle 2. Domestic relations - chapter 11. Marriage (law passed 1997) Subchapter 1. General Provisions. Section 9-11-109. Same sex marriage void Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void. Section 9-11-107. Validity of foreign marriages (a) All marriages contracted outside this state which would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state. (b) This section shall not apply to a marriage between persons of the same sex. Subchapter 2. License and Ceremony. Section 9-11-208. License not issued to persons under age or to persons of the same sex. (b) It shall be the declared public policy of the State of Arkansas to recognize the marital union only of man and woman. No license shall be issued to persons to marry another person of the same sex and no same-sex marriage shall be recognized as entitled to the benefits of marriage. (c) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by persons of the same sex, where a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.

California

Ban declared unconstitutional? Legalized by state?

Texts: California Constitution - Article I. Declaration of rights.

Section 7.5.

(a) The right to marry is a fundamental right.

(b) This section is in furtherance of both of the following:

    (1) The inalienable rights to enjoy life and liberty and to pursue and obtain safety, happiness, and privacy guaranteed by Section 1.

    (2) The rights to due process and equal protection guaranteed by Section 7. California Family Code - Division 3. Marriage - Part 1. Validity of Marriage 300. (a) Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).

Colorado

Ban declared unconstitutional? Legalized by state?

Texts: COLORADO CONSTITUTION , Art. II, §31: Only a union of one man and one woman shall be valid or recognized as a marriage in this state. (Removed by voters in 2024) COLORADO REVISED STATUTES §14-2-104 : (1) Except as otherwise provided in subsection (3) of this section, a marriage is valid in this state if: (a) It it is licensed, solemnized, and registered as provided in this part 1.; and (b) It is only between one man and one woman. (2) Notwithstanding the provisions of section 14-2-112, any marriage contracted within or outside this state that does not satisfy paragraph (b) of subsection (1) of this section shall not be recognized as valid in this state.

On March 25, 2025, the Colorado legislature passed SB25-014 "Protecting the Freedom to Marry," which gave effect to the November 2024 referendum deleting the same-sex marriage ban from the state constitution, by deleting all previous statutes banning same-sex marriage and replacing the definition of marriage with the following:

14-15-103. Definitions. As used in ARTICLE 15, unless the context otherwise requires: (4) "Marriage" means the legally recognized union of TWO INDIVIDUALS AS PARTNERS IN A PERSONAL RELATIONSHIP.

Connecticut

Ban declared unconstitutional? Legalized by state?

Texts: Connecticut Statutes Title 46b Family Law - Chapter 815e. Sec. 46b-20. Definitions. Marriage means the legal union of two persons.

Delaware

Ban declared unconstitutional? Legalized by state?

Texts: Delaware Statutes Title 13 , section 101 (a) & (d) (a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew or first cousin. (d) A marriage obtained or recognized outside the state between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the state.

§ 101. Void and voidable marriages.

(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.

(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:

(1)-(5) [Repealed.]

(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;

(7) On probation or parole from any court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a marriage license a written consent to such person's proposed marriage from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully marry.

(c) [Repealed.]

(d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State.