As of June 2015, same-sex marriage is legal in all 50 US states. This was enacted in Obergefell v. Hodges, wherein the United States Supreme Court deemed same-sex marriage bans as unconstitutional. Same-sex marriage is unconstitutional because the Fourteenth Amendment of the US Consitution grants all citizens “equal protection of the law.”
The historic decision forced all states to recognize same-sex unions, declared existing marriage bans in state constitutions and statutes obsolete, and granted same-sex couples marriage benefits previously only given to heterosexual partners.
What Is Same-Sex Marriage?
Same-sex marriage (also known as gay marriage) refers to the union of two persons of the same sex, i.e., two women or two men, recognized as spouses by law, culture, or, in some cases, religion.
Same-Sex Marriage In The USA
Same-sex marriage became a national interest beginning in the early 90s, but people wanted it legalized as early as the 60s. One of the key events that brought the issue into the spotlight happened in 1993 when the Supreme Court in Hawaii called a law that banned same-sex marriage unconstitutional. It surmised that denying same-sex marriages without a compelling reason discriminated against gays and lesbians.
In the following years, several states enacted Defense of Marriage Acts (DOMAs), which limited marriage to the union of a man and woman. In 1996, President Bill Clinton even signed a federal DOMA, essentially denying same-sex couples over 1,000 federal benefits and protections granted by marriage. The writing of same-sex marriage bans into state laws continued until 2012.
Still, during the same period, some states fought to legalize same-sex marriage. Vermont became the first state to grant marriage benefits to same-sex couples in the early 2000s. Massachusetts became the first state to fully legalize same-sex marriage three years later. The first same-sex marriages occurred shortly after.
By the 2010s, same-sex legalization became more widespread, with the support of President Barack Obama helping turn public opinion. Years of legal battles finally concluded in 2015 when the Supreme Court legalized same-sex marriage in all of the US. Read about same-sex marriage in Virginia.
Why Do States Have Different Marriage Laws
The United States generally has two types of laws: federal and state. Federal laws apply to the entire nation. Meanwhile, state laws are only enforceable within the state that sets them.
States are allowed to create and enforce their own local laws because each one is a sovereign entity. It is recognized that each locality has unique characteristics such as geography and natural resources, demographics, and community standards, so they are allowed to regulate laws based on their own needs.
Some distinct laws in each state include gun control laws, motor laws, child custody laws, and marriage laws, including same-sex marriage. Prior to the 2015 Supreme Court ruling, 30 states had already allowed same-sex marriage; the remaining 20, on the other hand, still enforced same-sex marriage bans. However, the decision on Obergefell v. Hodges legalized same-sex marriage on a federal level, nullifying existing same-sex marriage bans written into state laws. Virginia same-sex marriage laws.
Are There States That Don’t Allow Same-Sex Marriage?
The ruling on Obergefell v. Hodges legalized same-sex marriage in all US states. That said, there are still same-sex marriage bans in some states (e.g., Colorado, Florida, Virginia, etc.)—though none of these are enforceable. Most of these marriage bans come in the form of definitions in local constitutions and statutes, wherein “marriage” is still considered only between a man and a woman.
Lawmakers, human rights activists, and LGTBQ+ organizations are actively working to repeal these provisions while keeping an eye on conservative legislators making moves to pass bills that poke holes into the legalization of same-sex marriage.