LEGALIn the following 36 states and the District of Columbia: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
BANNED
Alabama, Georgia, Kentucky, Michigan, Mississippi, Nebraska, North Dakota, Ohio, and Tennessee.
UNDER COURT REVIEW
(Courts in the following states have declared same-sex marriage bans unconstitutional, but the rulings have been stayed)
Arkansas, Louisiana, Missouri, South Dakota and Texas.
Worldwide
17 other countries (and parts of Mexico) also have laws allowing same-sex marriage and domestic partnerships. Most of these are in Europe and South America.
Civil Unions:
Civil unions grant couples most of the rights of state civil marriages, but provide none of the federal benefits of marriage, such as Social Security benefits.
These rights include spousal support, medical decision-making privileges, access to a partner’s insurance, and hospital visitation rights.
Civil unions are legal in Colorado.
Map: Same-sex marriage in the United States
Timeline (U.S. only):
September 21, 1996 – President Bill Clinton signs the Defense of Marriage Act banning federal recognition of same-sex marriage and defining marriage as “a legal union between one man and one woman as husband and wife.”
December 3, 1996 – A Hawaiian state court ruling makes Hawaii the first state to recognize that gay and lesbian couples are entitled to the same privileges as heterosexual married couples. The ruling is stayed and appealed the next day.
December 20, 1999 – The Vermont Supreme Court rules that gay and lesbian couples should be given the same rights as heterosexual couples.
November 18, 2003 – The Massachusetts Supreme Court rules that a ban on same-sex marriage is unconstitutional.
February 12-March 11, 2004 – Nearly 4,000 same-sex couples get marriage licenses in San Francisco, California.
February 20, 2004 – Sandoval County, New Mexico, issues 26 same-sex marriage licenses, but they are nullified by the state attorney general the same day.
February 24, 2004 – President George W. Bush announces support for a federal constitutional amendment banning same-sex marriage.
February 27, 2004 – New Paltz, New York, Mayor Jason West performs same-sex marriages for about a dozen couples.
March 3, 2004 – In Portland, Oregon, the Multnomah County Clerk’s office issues marriage licenses for same-sex couples. Neighboring Benton County follows, on March 24.
June 7, 2004 – Jason West, the mayor of New Paltz, New York, is issued a permanent injunction by the Ulster County Supreme Court against marrying same-sex couples.
March 11, 2004 – The California Supreme Court orders San Francisco to stop issuing marriage licenses to same-sex couples.
May 17, 2004 – Massachusetts legalizes same-sex marriage, the first state in the U.S. to do so.
July 14, 2004 – The U.S. Senate blocks a proposed constitutional amendment to ban same-sex marriage from moving forward in Congress. (48 votes out of 60 needed)
August 12, 2004 – The California Supreme Court orders San Francisco officials, including Mayor Gavin Newsom, not to license additional same-sex marriages, pending resolution of the constitutional challenges to state marriage statutes
September 30, 2004 – The U.S. House of Representatives votes against amending the Constitution to prohibit same-sex marriage.
October 5, 2004 – A Louisiana judge throws out an amendment to the state constitution banning same-sex marriage, because the ban also includes civil unions.
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July 9, 2014 – A state judge in Colorado strikes down Colorado’s ban. However, the judge prevents gay and lesbian couples from immediately marrying by staying his decision.
July 11, 2014 – A federal appeals court rules that about 1,300 gay and lesbian marriages performed earlier this year must be recognized by Utah.
July 18, 2014 – The U.S. Supreme Court grants Utah’s request for a delay in recognizing same-sex marriages performed in late 2013 and early 2014.
July 18, 2014 – The 10th Circuit Court of Appeals upholds a judge’s ruling from January 2014 that the same-sex marriage ban in Oklahoma is unconstitutional. The panel stays the ruling, pending appeal from the state.
July 23, 2014 – A federal judges rules that Colorado’s ban on same-sex marriage is unconstitutional. The judge stays implementation of the ruling pending appeals.
July 28, 2014 – A federal appeals court strikes down Virginia’s ban on same-sex marriage. The 4th Circuit opinion also will affect marriage laws in other states within its jurisdiction, including West Virginia, North Carolina and South Carolina. Separate orders would have to be issued for affected states in the region outside Virginia. Gay and lesbian couples in Virginia cannot marry in the state for at least another three weeks, giving the time for another appeal to be filed on enforcement.
August 20, 2014 – The U.S. Supreme Court grants a request to delay enforcement of an appeals court ruling that overturned Virginia’s same-sex marriage ban.
August 21, 2014 – U.S. District Judge Robert Hinkle rules Florida’s same-sex marriage ban to be unconstitutional, but same-sex marriages cannot immediately be performed.
September 3, 2014 – Federal judge Martin L.C. Feldman upholds Louisiana’s ban on same sex marriages, breaking a streak of 21 consecutive federal court decisions overturning the bans since June of 2013.
October 6, 2014 – The U.S. Supreme Court refuses to hear appeals from five states — Indiana, Oklahoma, Utah, Virginia and Wisconsin — seeking to keep their same-sex marriage bans in place.
October 6, 2014 – Same-sex marriage becomes legal in Oklahoma, Utah, Virginia and Wisconsin.
October 7, 2014 – Same-sex marriage becomes legal in Colorado and Indiana.
October 7, 2014 – The 9th Circuit U.S. Court of Appeals in California concludes bans on same-sex marriage in Nevada and Idaho violate the equal protection rights of same-sex couples to legally marry.
October 9, 2014 – Same-sex marriage becomes legal in Nevada and West Virginia.
October 10, 2014 – The Supreme Court lifts the temporary stay on same-sex marriages in Idaho.
October 10, 2014 – Same-sex marriage becomes legal in North Carolina.
October 17, 2014 – Federal judge John Sedwick has ruled that Arizona’s ban on same-sex marriage is unconstitutional and refuses to stay his ruling. The same day, Attorney General Eric Holder announces that federal legal recognition of same-sex marriages extends to Indiana, Oklahoma, Utah, Virginia and Wisconsin. The states’ bans on same-sex marriages were effectively struck down as a result of the Supreme Court’s decision to not review lower court rulings that had declared such ban unconstitutional. The U.S. Supreme Court rejects Alaska’s request to delay enforcement of the court’s ruling on same-sex marriage. A federal judge rules same-sex marriage is legal in Wyoming, with the order taking effect by October 23.
November 4, 2014 – A federal judge rules that Kansas’ ban on same-sex marriage is unconstitutional. He puts the ruling on hold until November 11, to give the state time to file an appeal.
November 6, 2014 – The U.S. Court of Appeals for the Sixth Circuit upholds bans on same-sex marriages in Michigan, Ohio, Kentucky and Tennessee.
November 12, 2014 – A South Carolina federal judge strikes down the state’s ban on same-sex marriage, delaying the effective date until November 20, allowing time for an appeal by the state’s attorney general.
November 19, 2014 – A federal judge overturns Montana’s same-sex marriage ban. U.S. District Court Judge Brian Morris’ order is effective immediately.
December 15, 2014 – Florida Attorney General Pam Bondi asks the U.S. Supreme Court to extend the stay on same-sex marriages that is set to expire in early January 2015. Bondi asks that the court wait until similar appellate cases out of Ohio are decided.
January 5, 2015 – The U.S. Supreme Court denies Florida’s petition to extend the stay on allowing same-sex marriages. Couples are free to marry as the case continues though the 11th Circuit Court of Appeals.
January 12, 2015 – A federal judge rules South Dakota’s ban on same-sex marriage unconstitutional but stays the ruling.
