Federal recognition of gay marriage
Marriage & Relationship Recognition Laws
States with the freedom to marry perform not ban same-sex couples from entering into legal marriages. Some states also offer comprehensive relationship recognition, such as domestic partnerships or civil unions, to same- and different-sex couples. However, most states still have constitutional amendments, statutes, or both banning marriage for same-sex couples, even after the 2015 Supreme Court case Obergefell extended marriage equality nationwide. For more on the current status of state marriage laws, see MAP's 2022 report: Underneath Obergefell: A National Patchwork of Marriage Laws.
Marriage equality for same-sex couples(50 states , 5 territories + D.C.)
Comprehensive civil union or household partnership law (9 states + D.C.)
State has targeted religious exemption commandment (see note)
Citations & More Information
Movement Advancement Project. "Equality Maps: Marriage & Relationship Recognition Laws."https://www.lgbtmap.org/equality-maps/marriage_relationship_laws. Accessed 08/01/2025.
NOTE: Kansas permits faith-based organ
What the Same Sex Marriage Bill Does and Doesn't Do
The U.S. Senate passed landmark legislation this week enshrining protections for alike sex and interracial marriages in federal law in a bipartisan vote that marked a dramatic turnaround on a once highly divisive issue.
The Senate action marks a major hurdle for the legislation, which President Biden has said he will signal into law pending a vote in the Residence of Representatives.
Leonore F. Carpenter, a Rutgers Law School professor who has served as an LGBTQA rights attorney, explains what the Respect for Marriage Act accomplishes, and what is does not.
What exactly does the Respect for Marriage Perform do to protect gay marriage?
The Act does a few important things.
First, it repeals the federal Defense of Marriage Act. That law was passed in 1996, and it prohibited the federal government from recognizing same-sex marriages that had been validly entered into under a state’s law. It also gave the green light to states to refuse to recognize same-sex marriages from other states.
Next, it prohibits states from refusing to recognize same-sex marriages that are validly entered into in a distinct state. It’s also impo
The Journey to Marriage Equality in the United States
The road to nationwide marriage equality was a drawn-out one, spanning decades of United States history and culminating in victory in June 2015. Throughout the long combat for marriage equality, HRC was at the forefront.
Volunteer with HRC
From gathering supporters in small towns across the nation to rallying in front of the Supreme Court of the United States, we gave our all to confirm every person, regardless of whom they love, is known equally under the law.
A Growing Contact for Equality
Efforts to legalize same-sex marriage began to pop up across the country in the 1990s, and with it challenges on the state and national levels. Civil unions for lgbtq+ couples existed in many states but created a separate but equal accepted. At the federal level, couples were denied access to more than 1,100 federal rights and responsibilities associated with the institution, as well as those denied by their given state. The Defense of Marriage Act was signed into law in 1996 and defined marriage by the federal government as between a male and woman, thereby allowing states to deny marriage equality.
New Century &
Idaho Republican legislators call on SCOTUS to reverse queer marriage ruling
The Idaho Dwelling passed a resolution Monday calling on the Supreme Court to reconsider its 2015 decision on gay marriage equality.
The court’s Obergefell v. Hodges decision established the right to homosexual marriage under the same protection clause and the due process clause of the 14th Amendment.
The resolution comes after Associate Justice Clarence Thomas’s expressed interest in revisiting the Obergefell decision in his concurring opinion on the Supreme Court's landmark 2022 notion on Dobbs v. Jackson Women's Health Organization that overturned the federal right to abortion.
Thomas, who issued a dissenting opinion in 2015 against same-sex marriage, wrote in 2022, "In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process verdict is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents."
Lawrence v. Texas overturned a rule criminalizing same-sex sexual deeds and Griswold v. Connecticut ov
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the planet. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of collective, national and regional advocates and split tools, resources, and lessons learned to empower movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the Combined Kingdom, the Merged States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in 2025
Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effect January 1, 2025.
Idaho Republican legislators call on SCOTUS to reverse queer marriage ruling
The Idaho Dwelling passed a resolution Monday calling on the Supreme Court to reconsider its 2015 decision on gay marriage equality.
The court’s Obergefell v. Hodges decision established the right to homosexual marriage under the same protection clause and the due process clause of the 14th Amendment.
The resolution comes after Associate Justice Clarence Thomas’s expressed interest in revisiting the Obergefell decision in his concurring opinion on the Supreme Court's landmark 2022 notion on Dobbs v. Jackson Women's Health Organization that overturned the federal right to abortion.
Thomas, who issued a dissenting opinion in 2015 against same-sex marriage, wrote in 2022, "In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process verdict is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents."
Lawrence v. Texas overturned a rule criminalizing same-sex sexual deeds and Griswold v. Connecticut ov
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the planet. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of collective, national and regional advocates and split tools, resources, and lessons learned to empower movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the Combined Kingdom, the Merged States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in 2025
Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effect January 1, 2025.