Current states that allow gay marriage

If the U. Supreme Court overturns marriage equality, less than half the country will allow same-sex couples to wed. Same-sex marriage law in the United States by state List of U.S. state and territorial statutes and codes, along with the Code of the District of Columbia, recognizing or prohibiting same-sex marriage, civil unions and domestic partnerships Statute recognizes same-sex marriage and civil unions and/or domestic partnerships.

But if you're asking this question, you probably know that the full story is more nuanced.

What States In The

The good news is that, luckily, many states created their own state laws to allow same-sex marriage, so in those states, gay marriage would continue to be legal. Yes, same-sex marriage is legal in all 50 states. When the conservative majority created by Donald Trump overturned Roe v.

InCalifornia and Connecticut both legalized same-sex marriage, followed by Iowa, Vermont, and New Hampshire. Those with constitutional amendments protecting marriage equality would have to call a referendum vote to overturn them, and those protected by state Supreme Court rulings — the next highest authority after the U.

Supreme Court —would need their state's court to agree to hear the case again. If the Supreme Court reverses Obergefell and determines bans against marriage equality are not unconstitutional, states with laws protecting same-sex couples' right to marry would need to independently overturn their laws for it to be banned.

However, some justices have voiced opposition to Obergefell. WadeClarence Thomas wrote in his concurring opinion at the time that the court should also revisit and overrule decisions that prevent state restrictions on contraception, marriage equality, sodomy, and other private consensual sex acts, calling the rulings "demonstrably erroneous.

None have yet passed, and even if they were to, the resolutions are nonbinding — meaning they carry no legal weight, and the court is not obligated to hear them. By continuing to use our site, you agree to our Privacy Policy and Terms of Use.

Here are the 19 states where same-sex couples could still get married if Obergefell is overturned. Colorado voters did approve a constitutional amendment, Amendment 43in that banned marriage equality. If Obergefell is reversedmarriages between same-sex couples will still be recognized federally under the Respect for Marriage Act.

Signed into law by President Joe Biden inthe act mandates that the federal government recognizes same-sex and interracial marriages, and that all states recognize those performed in other states. The amendment was overturned by voters in a referendum.

While the Supreme Court has made no official move to reconsider marriage equality, nine states have recently introduced resolutions asking the court to hear the case again. The Connecticut state Supreme Court determined in the ruling Kerrigan v.

Here are the 19 states where same-sex couples could still get married if Obergefell is overturned, as outlined by the Movement Advancement Projectand just how secure those rights are. Following this, opponents of same-sex marriage began tightening marriage restrictions, with several states approving state constitutional amendments specifically defining marriage as the union of one man and one woman.

However, the act does not require states to allow marriages between same-sex couples. They overturned it with an amendment in The state's current governor, Jared Poliswas the first sitting governor to marry a partner of the same-sex. California voters in passed Proposition 8a constitutional amendment which banned same-sex couples from marrying.

Here are the 19 states where same-sex couples could still get married if Obergefell is overturned. This could change if the court were to revisit and reverse the ruling, as it did with Roe v. While marriage equality is the law of the land thanks to landmark legal decisions and federal legislation, same-sex couples still navigate a patchwork of state laws, religious exemptions, and local implementation that can make the marriage process less.

Same Sex Marriage by

Commissioner of Public Health that bans against marriage equality are unconstitutional, making it the second state to legalize marriage for same-sex couples. California Los Angeles Pride Parade with women celebrating on motorcycles.

Laws prohibiting same-sex couples from marrying were deemed unconstitutional by the ruling, Obergefell v. Wadewhich previously deemed abortion bans unconstitutional.