Survey of State Marriage Laws Related to Same-Sex Marriage

"In 2015, the Supreme Court held in Obergefell v. Hodges that same-sex couples may exercise thefundamental right to marry in all states and that states must accordingly recognize marriages validly performed out-of-state. Many states still have unenforceable constitutional amendments or state statutes that ban marriage for same-sex couples. This Sidebar provides, in table form, a survey of current state constitutional amendments and state statutes that either prohibit or allow same-sex marriage. Other compilations may categorize the constitutional or statutory text differently; for example, two states do not explicitly define “marriage.” The Sidebar does not discuss or address the effect of judicial opinions, like Obergefell or prior state supreme court or lower federal court rulings, on these state statutes. The table also provides a list of various state provisions that concern religious protections relating to marriage. This includes laws that provide that a religious official or organization may not be required to solemnize a marriage if doing so would conflict with or violate a religious tenet.

Table 1. Survey of State Constitution Amendments and State Statutes Either Prohibiting or Allowing Same-Sex Marriage.."
Same-Sex Marriage Laws