Same-sex marriage in the United States
Same-sex marriage in the United States was initially established on a state-by-state basis, expanding from 1 state in 2004 to 36 states in 2015, when, on June 26, 2015, same-sex marriage was established in all 50 states as a result of the ruling of the Supreme Court of the United States in the landmark civil rights case of Obergefell v. Hodges, in which it was held that the right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Civil rights campaigning in favor of marriage without distinction as to sex or sexual orientation began in the 1970s. In 1972, the now overturned Baker v. Nelson saw the U.S. Supreme Court decline to become involved. The issue became prominent from around 1993, when the Supreme Court of Hawaii ruled in Baehr v. Lewin that the state's abridgment of marriage on the basis of sex was unconstitutional. The ruling led to federal actions and actions by several states to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized, the most prominent of which was DOMA. In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it is unconstitutional for the state to abridge marriage on the basis of sex. From 2004 to 2015, as the tide of public opinion continued to move forward towards support of same-sex marriage, various state court rulings, state legislation, popular referendums, and federal court rulings established same-sex marriage in 36 states. In 2011, national public support for same-sex marriage rose above 50% for the first time. In 2013, the U.S. Supreme Court overturned a key provision of DOMA, declaring part of it unconstitutional and in breach of the Fifth Amendment in United States v. Windsor. The ruling led to the federal government's recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. However, the ruling focused on the provision of DOMA responsible for the federal government refusing to acknowledge state-sanctioned same-sex marriages, leaving the question of state marriage laws itself to the individual states. The U.S. Supreme Court addressed that question two years later in 2015, ruling, in Obergefell v. Hodges, that the right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by the Constitution of the United States.
The Obergefell ruling occurred following decades of consistently rising national public support for same-sex marriage in the United States, with support continuing to rise thereafter.
The establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among children, with the effect being concentrated among children of a minority sexual orientation. A study of nationwide data from across the United States from January 1999 to December 2015, conducted by the American Medical Association, revealed that the rate of attempted suicide among all schoolchildren in grades 9 to 12 declined by 7% and the rate of attempted suicide among schoolchildren of a minority sexual orientation in grades 9 to 12 declined by 14% in states which established same-sex marriage, resulting in approximately 134,000 fewer children attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (expanding from 1 state in 2004 to all 50 states in 2015) to compare the rate of attempted suicide among children in each state over the time period studied. Once same-sex marriage was established in a particular state, the reduction in the rate of attempted suicide among children in that state became permanent. No reduction in the rate of attempted suicide among children occurred in a particular state until that state recognized same-sex marriage. The lead researcher of the study observed that "laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future".
The United States of America is the most populous country in the world to have established same-sex marriage nationwide.
- 1 History
- 2 Before Obergefell
- 3 Legal issues
- 4 Debate
- 5 Public opinion
- 6 Effects of same-sex marriage
- 7 Marriage statistics
- 8 Case law
- 9 See also
- 10 Notes
- 11 References
- 12 Bibliography
- 13 External links
Civil rights campaigning in favor of marriage without distinction as to sex or sexual orientation began in the 1970s. In the 1971 case Baker v. Nelson, the Minnesota Supreme Court ruled that denying marriage licenses to same-sex couples did not violate the U.S. Constitution. On appeal, the United States Supreme Court denied to hear the case, establishing it as a federal precedent as it came from a mandatory appellate review. The issue did not become prominent in U.S. politics until the 1993 Hawaii Supreme Court decision in Baehr v. Lewin that declared that state's prohibition to be unconstitutional.
During the 21st century, while several countries elsewhere in the world were reforming marriage to be an institution without distinction as to sex or sexual orientation, public support in the U.S. for same-sex marriage has grown considerably, and national polls conducted since 2011 show that a majority of Americans support establishing it. However at the same time, many states also passed bans against same-sex marriage, either legislatively or by referendum. On May 17, 2004, Massachusetts became the first U.S. state and the sixth jurisdiction in the world to legalize same-sex marriage following the Supreme Judicial Court's decision in Goodridge v. Department of Public Health six months earlier. On May 9, 2012, Barack Obama became the first sitting U.S. President to publicly declare support for the legalization of same-sex marriage. On November 6, 2012, Maine, Maryland and Washington became the first states to legalize same-sex marriage through popular vote.
In June 2013, the Supreme Court ruled in United States v. Windsor that federal law could not treat as unequal, marriages that individual states had created as equally valid, when it overturned a key provision of the Defense of Marriage Act (DOMA), thus forcing federal recognition of same-sex marriage and marriage-related benefits when related to a same-sex marriage performed by a state that sanctioned such marriages. In the two years following Windsor, U.S. district courts in 27 states[a] and state courts in six states,[b] plus one state court ruling addressing only the recognition of same-sex marriages from other jurisdictions,[c] found that same-sex marriage bans violate the U.S. Constitution, while two U.S. district courts[d] and one state court[e] found that they did not. The flow of federal appeal cases rejecting same-sex marriage bans was finally interrupted in November 2014. In contrast to all other circuits that had ruled at the time, the Sixth Circuit ruled such bans to be constitutional. The panel ruling reversed six U.S. district court rulings that had found bans on same-sex marriage or its recognition to be unconstitutional, reinstating State bans in the four states served by that circuit (Kentucky, Michigan, Ohio and Tennessee).[f]
On January 16, 2015, the U.S. Supreme Court agreed to hear four cases, on appeal from the Sixth Circuit, on whether states may constitutionally ban same-sex marriages or refuse to recognize such marriages legally performed in another state. The cases were: Obergefell v. Hodges (Ohio), Tanco v. Haslam (Tennessee), DeBoer v. Snyder (Michigan), and Bourke v. Beshear (Kentucky). Decided by the court under the heading of Obergefell on June 26, 2015, in a judgement authored by Justice Anthony Kennedy, the Supreme Court reversed the Sixth Circuit's upholding of state bans and declared that the Court's rulings must evolve in the light of better understanding of discrimination and the constitutional protections available to protect individuals of a minority sexual orientation, and that same-sex couples have the constitutional rights to marry and to have their marriages recognized. Obergefell therefore overturned the Court's own prior ruling in Baker.
Prior to Obergefell, same-sex marriage was legal to at least some degree in thirty-eight states, one territory (Guam) and the District of Columbia; of the states, Missouri, Kansas, and Alabama had restrictions. Until United States v. Windsor, it was only legal in 12 states and Washington D.C.. Beginning in July 2013, over forty federal and state courts cited Windsor to strike down state bans on the licensing or recognition of same-sex marriage. Missouri recognized same-sex marriages from out of state and same-sex marriages licensed by the City of St. Louis under two separate state court orders; two other jurisdictions issued such licenses as well. In Kansas, marriage licenses were available to same-sex couples in most counties, but the state did not recognize their validity. Some counties in Alabama issued marriage licenses to same-sex couples for three weeks until the state Supreme Court ordered probate judges to stop doing so. That court's ruling did not address the recognition of same-sex marriages already licensed in Alabama, but referred to them as "purported 'marriage licenses'". In two additional states, same-sex marriages were previously legal between the time their bans were struck down and then stayed. Michigan recognized the validity of more than 300 marriage licenses issued to same-sex couples and those marriages. Arkansas recognized the more than 500 marriage licenses issued to same-sex couples there, and the Federal Government had not taken a position on Arkansas's marriage licenses.
The legal issues surrounding same-sex marriage in the United States are determined by the nation's federal system of government, in which the status of a person, including marital status, is determined in large measure by the individual states. Prior to 1996, the Federal Government did not define marriage; any marriage recognized by a state was recognized by the Federal Government, even if that marriage was not recognized by one or more states, as was the case until 1967 with interracial marriage, which some states banned by statute.
Prior to 2004, same-sex marriage was not performed in any U.S. jurisdiction. It was subsequently legalized in different jurisdictions through legislation, court rulings, tribal council rulings, and popular vote in referenda.
The Supreme Court's ruling in Obergefell renders moot any remaining legal challenges, as it specifically orders states to both issue marriage licenses to same-sex couples, and to recognize as valid marriages performed in other states.
According to the Federal Government's Government Accountability Office (GAO) in 2004, more than 1,138 rights and protections are conferred to U.S. citizens upon marriage by the Federal Government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.
Since July 9, 2015, married same-sex couples throughout the United States have equal access to all the federal benefits that married opposite-sex couples have.
The Defense of Marriage Act (DOMA) was enacted in 1996. DOMA's Section 2 says that no state needs to recognize the legal validity of a same-sex relationship even if recognized as marriage by another state. It purports to relieve a state of its reciprocal obligation to honor the laws of other states as required by the Constitution's full faith and credit clause. Even before DOMA, however, states sometimes refused to recognize a marriage from another jurisdiction if it was counter to its "strongly held public policies". Most lawsuits that seek to require a state to recognize a marriage established in another jurisdiction argue on the basis of equal protection and due process, not the full faith and credit clause.[g]
DOMA's Section 3 defined marriage for the purposes of federal law as a union of one man and one woman. It was challenged in the federal courts. On July 8, 2010, Judge Joseph Tauro of the District Court of Massachusetts held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples is unconstitutional under the equal protection clause of the U.S. Constitution. Beginning in 2010, eight federal courts found DOMA Section 3 unconstitutional in cases involving bankruptcy, public employee benefits, estate taxes, and immigration. On October 18, 2012, the Second Circuit Court of Appeals became the first court to hold sexual orientation to be a quasi-suspect classification and applied intermediate scrutiny to strike down Section 3 of DOMA as unconstitutional in Windsor v. United States. The U.S. Supreme Court ruled in Windsor on June 26, 2013, that Section 3 violated the Fifth Amendment.[h]
As a result of the Windsor decision, married same-sex couples—regardless of domicile—have federal tax benefits (including the ability to file joint federal income tax returns), military benefits, federal employment benefits, and immigration benefits. In February 2014, the Justice Department expanded federal recognition of same-sex marriages to include bankruptcies, prison visits, survivor benefits and refusing to testify against a spouse. Likewise in June 2014, family medical leave benefits under the Family Medical Leave Act 1975 were extended to married same-sex couples. With respect to social security and veterans benefits, same-sex married couples are eligible for full benefits from the Veterans Affairs (VA) and the Social Security Administration (SSA). Prior to the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, the VA and SSA could provide only limited benefits to married same-sex couples living in states where same-sex marriage was not legal. Effective March 27, 2015, the definition of spouse under the Family and Medical Leave Act of 1993 includes employees in a same-sex marriage regardless of state of residence. Following the Obergefell decision, the Justice Department extended all federal marriage benefits to married same-sex couples nationwide.
The Federal Government recognizes the marriages of same-sex couples who married in certain states in which same-sex marriage was legal for brief periods between the time a court order allowed such couples to marry and that court order was stayed, including Michigan. The Federal Government also recognized marriages performed in Utah from December 20, 2013 to January 6, 2014, even while the state didn't. Under similar circumstances, the Federal Government never took a position on Indiana or Wisconsin's marriages performed in brief periods, though it did recognize them once the respective states announced they would do so. It had not taken a position with respect to similar marriages in Arkansas prior to the Obergefell decision legalizing and recognizing same-sex marriages in all 50 states.
Opponents of same-sex marriage have worked to prevent individual states from recognizing same-sex unions by attempting to amend the United States Constitution to restrict marriage to heterosexual unions. In 2006, the Federal Marriage Amendment, which would have prohibited states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee on a party-line vote and was debated by the full Senate, but was ultimately defeated in both houses of Congress. On April 2, 2014, the Alabama State House adopted a resolution calling for a constitutional convention to propose an amendment to ban same-sex marriage nationwide.
State and territorial recognition
Same-sex marriages are licensed in and recognized by all U.S. states and Washington, D.C., as well as all U.S. territories except American Samoa. On July 3, 2015, the Attorney General for American Samoa stated "we are reviewing the opinion [Obergefell v. Hodges] and its potential applicability to American Samoa, and will provide comment when it is completed." On January 6, 2016, Alabama's Chief Justice, Roy Moore, issued a ruling forbidding state officials from issuing marriage licenses to same-sex couples. The ruling had no effect and all Alabama counties continued either issuing marriage licenses to all couples or not issue licenses at all, and in May 2016 Moore was charged with ethics violations by the state Judicial Inquiry Commission for the ruling, subsequently being suspended from the bench for the remainder of his term on September 30 of that year.
Counties not issuing marriage licenses
Officials of nine counties in two states, Texas and Alabama, are still unwilling to issue licenses to same-sex couples as of June 2017. Those wishing to marry within the state must travel to another part of the state in order to obtain a license. However, some counties may require at least one person to be a resident of the county in order to receive a marriage license.
|Issues licenses to opposite-sex couples only||1||0||1|
|Do not issue any marriage licenses||0||8||8|
|Total, by state||1||8||9|
|Percent of state population in said counties||0.006||6.0||0.09|
- Officials of one Texas county, Irion, issue marriage licenses but claim they will refuse same-sex couples. None have applied and no legal action has been taken.
- Officials in eight Alabama counties no longer issue any marriage licenses. This is being done in accordance with a state law, which in 1961 was created to preserve racial segregation and made it optional for county clerks to issue marriage licenses. Several have chosen to exercise this option since the Obergefell ruling.
- Several Kentucky counties initially refused to marry same-sex couples. In response, Kentucky reformed its marriage license forms and removed the name of the county clerk from the licenses. As of June 2016, Chris Hartmann, director of the Kentucky-based Fairness Campaign, said to his knowledge "there are no counties where marriage licenses are being denied" in his state.
Post-Obergefell, six states have, on occasion, attempted to deny same-sex couples full adoption rights to varying degrees. In Arkansas, Florida, Indiana, and Wisconsin, same-sex couples have been met with rejection when trying to get both parents' names listed on the birth certificate. Alabama's highest court attempted to void an adoption decree obtained by a same-sex couple in Georgia, but the U.S. Supreme Court reversed, restoring joint custody to the adoptive mother on March 7, 2016. Mississippi had once banned same-sex couples from adopting, but the law requiring this was ruled unconstitutional by the United States District Court for the Southern District of Mississippi on March 31, 2016. The ruling was described as having the effect of making same-sex adoption essentially legal in all 50 states.
On June 26, 2017, the Supreme Court ruled by a 6-3 vote in the case of Pavan v. Smith that under their decision in Obergefell, same-sex couples must be treated equally to opposite-sex couples in the issuance of birth certificates. In December 2016, the Supreme Court of Arkansas upheld a state law only allowing opposite-sex couples to be automatically listed as parents on their children's birth certificates, while prohibiting same-sex couples from being allowed the same on an equal basis. The Supreme Court summarily reversed the Arkansas Supreme Court, finding that the disparity in treatment was a violation of their decision in Obergefell.
The Supreme Court decision legalizing same-sex marriage in the states and territories did not legalize same-sex marriage on Indian lands. In the United States, Congress (not the federal courts) has legal authority over Indian country. Thus, unless Congress passes a law regarding same-sex marriage on Indian tribes, federally recognized American Indian tribes have the legal right to form their own marriage laws. As of the time of the Obergefell ruling, 24 tribal jurisdictions legally recognize same-sex marriage. Some tribes have passed legislation specifically addressing same-sex relationships and some specify that state law and jurisdiction govern tribal marriages. As of November 2017, same-sex marriage is legally recognized in 40 tribal jurisdictions.
Local laws prior to Obergefell v. Hodges
States and territories that fully licensed/recognized same-sex marriage
Note: This table shows only states that licensed and recognized same-sex marriages or had legalized them, before Obergefell v. Hodges. It does not include states that recognized same-sex marriages from other jurisdictions but did not license them.
|State or territory||Population||Date of Enactment/Ruling||Date Effective||Legalization method||Details|
|Alaska||736,732||October 12, 2014||October 17, 2014||Federal court decision||U.S. District Court for the District of Alaska ruling in Hamby v. Parnell.|
|Arizona||6,731,484||October 17, 2014||October 17, 2014||Federal court decision||U.S. District Court for the District of Arizona ruling in Connolly v. Jeanes and in Majors v. Horne.|
|California||38,802,500||May 15, 2008||June 16, 2008||State court decision → (Overturned by constitutional ban)||California Supreme Court ruling in In re Marriage Cases. Ceased via state constitutional amendment after Proposition 8 passed on November 5, 2008.|
|August 4, 2010||June 28, 2013||Federal court decision → legislative statute||U.S. District Court for the Northern District of California ruling in Perry v. Schwarzenegger, finding Proposition 8 unconstitutional. Stayed during appeal, affirmed by the Ninth Circuit Court of Appeals as Perry v. Brown. Certiorari granted and appealed as Hollingsworth v. Perry to the U.S. Supreme Court; the high court dismissed Hollingsworth for lack of standing and vacated the Ninth Circuit decision below, resulting with the original decision in Perry left intact. Gender-neutral marriage bill passed by the California State Legislature and signed into law by the Governor of California took effect on January 1, 2015.|
|Colorado||5,355,866||July 9, 2014||October 7, 2014||State court decision||Colorado district court ruling in Brinkman v. Long|
|July 23, 2014||Federal court decision||U.S. District Court for the District of Colorado ruling in Burns v. Hickenlooper|
|Connecticut||3,596,677||October 10, 2008||November 12, 2008||State court decision → legislative statute||Connecticut Supreme Court ruling in Kerrigan v. Commissioner of Public Health; incorporated into state statutes in April 2009.|
|Delaware||935,614||May 7, 2013||July 1, 2013||Legislative statute||Passed by the Delaware General Assembly and signed into law by the Governor of Delaware.|
|District of Columbia||658,893||December 18, 2009||March 9, 2010||Legislative statute||Passed by the Council of the District of Columbia.|
|Florida||19,893,297||August 21, 2014||January 6, 2015||Federal court decision||U.S. District Court for the Northern District of Florida ruling in Brenner v. Scott.|
|Guam||165,124 (not included in population total)||June 5, 2015||June 9, 2015||Binding federal court precedent → Actions of territorial officials → Federal court decision → Legislative statute||Attorney General Elizabeth Barrett-Anderson deferred to the controlling precedent set by the Ninth Circuit Court of Appeals in Latta v. Otter, ordering that marriage licenses for same-sex couples be processed immediately beginning April 15, 2015. District Court of Guam ruling in Aguero v. Calvo upholding the earlier decision by the Ninth Circuit. Marriage Equality Act, incorporating the decision, passed by the Guam Legislature went into effect on August 27, 2015.|
|Hawaii||1,419,561||November 13, 2013||December 2, 2013||Legislative statute||Hawaii Marriage Equality Act passed by the Hawaii State Legislature and signed into law by the Governor of Hawaii.|
|Idaho||1,634,464||October 7, 2014||October 15, 2014||Federal court decision||U.S. District Court for the District of Idaho ruling in Latta v. Otter, upheld by the Ninth Circuit.|
|Illinois||12,880,580||November 20, 2013||June 1, 2014||Legislative statute||Passed by the Illinois General Assembly and signed into law by the Governor of Illinois.|
|Indiana||6,596,855||September 4, 2014||October 6, 2014||Federal court decision||U.S. District Court for the Southern District of Indiana ruling in Baskin v. Bogan. The Seventh Circuit Court of Appeals affirmed the district court's ruling.|
|Iowa||3,107,126||April 3, 2009||April 27, 2009||State court decision||Iowa Supreme Court ruling in Varnum v. Brien. One same-sex couple obtained a marriage licensed and married before initial ruling was stayed.|
|Maine||1,330,089||November 6, 2012||December 29, 2012||Initiative statute||Proposed by initiative as referendum Question 1, approved.|
|Maryland||5,976,407||November 6, 2012||January 1, 2013||Legislative statute → referendum||Civil Marriage Protection Act passed by the Maryland General Assembly; petitioned to referendum Question 6, upheld.|
|Massachusetts||6,745,408||November 18, 2003||May 17, 2004||State court decision||Massachusetts Supreme Judicial Court ruling in Goodridge v. Department of Public Health.|
|Minnesota||5,457,173||May 14, 2013||August 1, 2013||Legislative statute||Passed by the Minnesota Legislature and signed into law by the Governor of Minnesota.|
|Montana||1,023,579||November 19, 2014||November 19, 2014||Federal court decision||U.S. District Court for the District of Montana ruling in Rolando v. Fox.|
|Nevada||2,839,099||October 7, 2014||October 9, 2014||Federal court decision → legislative statute||Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. The Ninth Circuit Court of Appeals overturned the U.S. District Court for the District of Nevada's ruling. Gender-neutral marriage bill passed by the Nevada Legislature and signed into law by the Governor of Nevada went into effect on July 1, 2017.|
|New Hampshire||1,326,813||June 3, 2009||January 1, 2010||Legislative statute||Passed by the New Hampshire General Court and signed into law by the Governor of New Hampshire.|
|New Jersey||8,938,175||September 27, 2013||October 21, 2013||State court decision||New Jersey Superior Court ruling in Garden State Equality v. Dow|
|New Mexico||2,085,572||December 19, 2013||December 19, 2013||State court decision||New Mexico Supreme Court ruling in Griego v. Oliver.|
|New York||19,746,227||June 24, 2011||July 24, 2011||Legislative statute||Marriage Equality Act passed by the New York State Legislature and signed into law by the Governor of New York.|
|North Carolina||9,943,964||October 10, 2014||October 10, 2014||Federal court decision||U.S. District Court for the Western District of North Carolina ruling in General Synod of the United Church of Christ v. Cooper.|
|Oklahoma||3,878,051||July 18, 2014||October 6, 2014||Federal court decision||U.S. District Court for the Northern District of Oklahoma ruling in Bishop v. Oklahoma. The Tenth Circuit affirmed the ruling in Bishop v. Smith.|
|Oregon||3,970,239||May 19, 2014||May 19, 2014||Federal court decision → Legislative statute||U.S. District Court for the District of Oregon ruling in Geiger v. Kitzhaber. Gender-neutral marriage bill passed by the Oregon Legislature and signed into law by the Governor of Oregon went into effect on January 1, 2016.|
|Pennsylvania||12,787,209||May 20, 2014||May 20, 2014||Federal court decision||U.S. District Court for the Middle District of Pennsylvania ruling in Whitewood v. Wolf.|
|Rhode Island||1,055,173||May 2, 2013||August 1, 2013||Legislative statute||Passed by the Rhode Island General Assembly and signed into law by the Governor of Rhode Island.|
|South Carolina||4,832,482||November 12, 2014||November 20, 2014||Federal court decision||U.S. District Court for the District of South Carolina ruling in Condon v. Haley.|
|Utah||2,942,902||June 25, 2014||October 6, 2014||Federal court decision||U.S. District Court for the District of Utah ruling in Kitchen v. Herbert. Marriages licensed between December 20, 2013, and January 6, 2014. The Tenth Circuit Court of Appeals affirmed the district court ruling in Kitchen v. Herbert.|
|Vermont||626,562||April 7, 2009||September 1, 2009||Legislative statute||Passed by the Vermont General Assembly, overriding Governor Jim Douglas' veto.|
|Virginia||8,326,289||July 28, 2014||October 6, 2014||Federal court decision||U.S. District Court for the Eastern District of Virginia ruling in Bostic v. Rainey. The Fourth Circuit Court of Appeals affirmed the U.S. district court ruling in Bostic v. Schaefer.|
|Washington||7,061,530||November 6, 2012||December 6, 2012||Legislative statute → referendum||Passed by the Washington State Legislature; suspended by petition and referred to Referendum 74, approved.|
|West Virginia||1,850,326||October 9, 2014||October 9, 2014||Binding federal court precedent → Actions of state officials → Federal court decision||Governor Earl Ray Tomblin and state Attorney General Patrick Morrisey, recognizing the precedent established by the Fourth Circuit ruling in Bostic v. Schaefer, dropped their defense of the state's same-sex marriage ban. The U.S. District Court for the Southern District of West Virginia in McGee v. Cole overturned West Virginia's statutory ban on same-sex marriage on November 7, 2014.|
|Wisconsin||5,757,564||September 4, 2014||October 6, 2014||Federal court decision||U.S. District Court for the Western District of Wisconsin ruling in Wolf v. Walker. The Seventh Circuit Court of Appeals affirmed the district court's ruling.|
|Wyoming||584,153||October 17, 2014||October 21, 2014||Federal court decision||U.S. District Court for the District of Wyoming ruling in Guzzo v. Mead.|
|Total||221,434,635 (69.4% of the U.S. population)|
Same-sex marriage supporters make several arguments in support of their position. Gail Mathabane likens prohibitions on same-sex marriage to past U.S. prohibitions on interracial marriage. Fernando Espuelas argues that same-sex marriage should be allowed because same-sex marriage extends a civil right to a minority. According to an American history scholar, Nancy Cott, who rejects alternatives to same-sex marriage (such as civil unions), "there really is no comparison, because there is nothing that is like marriage except marriage."
In the United States, professional organizations including the American Anthropological Association, American Academy of Pediatrics, American Psychiatric Association, American Psychological Association, American Sociological Association, American Medical Association, American Academy of Nursing, and the National Association of Social Workers have said that claims that the legal recognition of marriage for same–sex couples undermines the institution of marriage and harms children are inconsistent with the scientific evidence supporting the conclusions: that homosexuality is a natural and normal human sexuality; that sexual orientation cannot be chosen or influenced; that gay people form stable and committed relationships essentially equivalent to the relationships of heterosexuals; that same-sex parents are no less capable than opposite-sex parents to raise children; that no civilization or viable social order depends on restricting marriage to heterosexuals; and that the children of same-sex couples fare just as well or even better than the children of opposite-sex couples.
Mildred Loving, the joint plaintiff along with Richard Loving in the landmark civil rights case of Loving v. Virginia in 1967, which struck down all state bans on interracial marriage in the United States, issued a statement on the 40th anniversary of ruling in 2007 that said:
I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry ... I am still not a political person, but I am proud that Richard's and my name is on a court case that can help reinforce the love, the commitment, the fairness and the family that so many people, black or white, young or old, gay or straight, seek in life. I support the freedom to marry for all. That's what Loving, and loving, are all about.
The Human Rights Campaign, the largest gay rights organization in the United States, states that "many same-sex couples want the right to legally marry because they are in love — many, in fact, have spent the last 10, 20 or 50 years with that person — and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings."
The NAACP, the veteran African-American civil rights organization, has pledged its support for gay rights and same-sex marriage, stating that they "support marriage equality consistent with equal protection under the law provided under the Fourteenth Amendment of the United States Constitution".
Supporters of the legalization of same-sex marriage have successfully used social media websites such as Facebook to help achieve that goal. Some have argued that the successful use of social media websites by LGBT groups has played a key role in the defeat of religion-based opposition.
One of the largest scale uses of social media to mobilize support for same-sex marriage preceded and coincided with the arrival at the U.S. Supreme Court of high-profile legal cases for Proposition 8 and the Defense of Marriage Act in March 2013. The "red equals sign" project started by the Human Rights Campaign was an electronic campaign primarily based on Facebook that encouraged users to change their profile images to a red equal sign to express support for same-sex marriage. At the time of the court hearings, it was estimated that approximately 2.5 million Facebook users changed their profile images to a red equals sign.
Opposition to same-sex marriage is based on the beliefs that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are countered by science which shows that homosexuality is a natural and normal human sexuality, that sexual orientation cannot be chosen or influenced, and that the children of same-sex couples fare just as well or even better than the children of opposite-sex couples.
The most prominent opponents of same-sex marriage in the United States have been The Church of Jesus Christ of Latter-day Saints, the Catholic Church (represented by the United States Conference of Catholic Bishops), the Southern Baptist Convention, and the National Organization for Marriage.
The funding of the amendment referendum campaigns has been an issue of great dispute. Both judges and the IRS have ruled that it is either questionable or illegal for campaign contributions to be shielded by anonymity.
Politicians and media figures
President Obama's views on same-sex marriage have varied over the course of his political career and become more consistently supportive of same-sex marriage rights over time. In the 1990s, he had supported same-sex marriage while campaigning for the Illinois Senate. During the 2008 presidential campaign, he said: "I believe that marriage is the union between a man and a woman. For me as a Christian, it is a sacred union. You know, God is in the mix." He opposed the 2008 California referendum that aimed at reversing a court ruling establishing same-sex marriage there. In 2009, he opposed two opposing federal legislative proposals that would have banned or established same-sex marriage nationally, stating that each state had to decide the issue. In December 2010, he expressed support for civil unions with rights equivalent to marriage and for federal recognition of same-sex relationships. He opposed a federal constitutional amendment to ban same-sex marriage. He also stated that his position on same-sex marriage was "evolving" and that he recognized that civil unions from the perspective of same-sex couples was "not enough". On May 9, 2012, President Obama became the first sitting president to say he believed that same-sex couples should be allowed to marry. He still said the legal question belonged to the states. In October 2014, Obama told an interviewer that his view had changed:
Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states. But, as you know, courts have always been strategic. There have been times where the stars were aligned and the Court, like a thunderbolt, issues a ruling like Brown v. Board of Education, but that's pretty rare. And, given the direction of society, for the Court to have allowed the process to play out the way it has may make the shift less controversial and more lasting.
Shortly after winning the 2016 election, President Donald Trump said he's "fine" with same-sex marriage and believes it to be settled law: "It's law. It was settled in the Supreme Court. I mean, it's done." This somewhat contrasted with a previous statement he made in June 2015, after Obergefell v. Hodges, in which he said he's personally for "traditional marriage" and that he believed same-sex marriage should be left to the states. In that same statement, however, Trump admitted that overturning Obergefell is not realistic. Several of his federal appointments have also, subsequently, announced they will uphold same-sex marriage and enforce the Supreme Court ruling, while still, in some cases, personally opposing same-sex marriage, namely Attorney General Jeff Sessions and Secretary of Education Betsy DeVos.
Former presidents Bill Clinton, Jimmy Carter and Barack Obama, former vice presidents Dick Cheney, Al Gore, Walter Mondale, and Joe Biden have voiced their support for legal recognition, as have former first ladies Laura Bush, Hillary Clinton, Michelle Obama and Nancy Reagan. Former President George H. W. Bush and his wife former First Lady Barbara Bush have served as witnesses to a same-sex wedding, but neither has publicly stated whether this means they support same-sex marriage in general; George W. Bush reportedly offered to officiate the same wedding, but has similarly not made a public statement regarding his position on the issue (as president, he was opposed). Fifteen U.S. senators announced their support in the spring of 2013. By April 2013, a majority of the Senate had expressed support for same-sex marriage. Senator Rob Portman of Ohio became the first sitting Republican senator to endorse same-sex marriage in March 2013, followed by Senator Mark Kirk of Illinois in April, Lisa Murkowski of Alaska in June, and Susan Collins of Maine a year later.
During the 2008 presidential election campaign, Republican vice-presidential candidate Sarah Palin stated: "I have voted along with the vast majority of Alaskans who had the opportunity to vote to amend our Constitution defining marriage as between one man and one woman. I wish on a federal level that that's where we would go because I don't support gay marriage."
When a U.S. district court invalidated the California referendum that ended same-sex marriages there in 2008, former Speaker of the House Newt Gingrich said it showed "an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife". By the end of 2012, Gingrich was prepared to accept civil—but not religious—same-sex marriages and encouraged the Republican Party to accept the fact of same-sex marriage was certain to become legal in more and more states.
In an interview on The O'Reilly Factor in August 2010, when Glenn Beck was asked if he "believe(s) that gay marriage is a threat to [this] country in any way", he stated, "No I don't. ... I believe that Thomas Jefferson said: 'If it neither breaks my leg nor picks my pocket what difference is it to me?'"
A CNN poll conducted on February 19, 2015 found that 63% of Americans believed gays and lesbians have a constitutional right to marry, up from 49% in August 2010. A Washington Post-ABC News poll conducted from April 16 to 20, 2015 found that 61% of Americans supported allowing gays and lesbians to marry legally.
A Washington Post-ABC News poll from February–March 2014 found a record high of 59% of Americans approved of same-sex marriage, with only 34% opposed and 7% with no opinion. In May 2013, a Gallup poll showed that 53% of Americans would vote for a law legalizing same-sex marriage in all 50 states. Three previous readings over the course of a year consistently showed support at 50% or above. Gallup noted: "Just three years ago, support for gay marriage was 44%. The current 53% level of support is essentially double the 27% in Gallup's initial measurement on gay marriage, in 1996."
By 2011-2013, public support for same-sex marriage in the United States had solidified above 50%. Public support for same-sex marriage has grown at an increasing pace since the 1990s. In 1996, just 25% of Americans supported the legalization of same-sex marriage. Polls have shown that support is identical among whites and Hispanics, while support for same-sex marriage trails among blacks. Polling trends in 2010 and 2011 showed support for same-sex marriage gaining a majority, although the difference is within the error limit of the analysis. On May 20, 2011, Gallup reported majority support for same-sex marriage for the first time in the country. In June 2011, two prominent polling organizations released an analysis of the changing trend in public opinion about same-sex marriage in the United States, concluding that "public support for the freedom to marry has increased, at an accelerating rate, with most polls showing that a majority of Americans now support full marriage rights for all Americans."
Gallup's annual Values and Beliefs poll, conducted in May 2017, found that 64% of American adults said that same-sex marriages should be recognized by the law as valid (with 34% opposed and 2% having no opinion), the highest percentage of support recorded to date by the polling firm, and essentially a complete reversal in support vs. opposition from two decades ago.
By 2017, according to a Public Religion Research Institute state-by-state poll, there was majority support for same-sex marriage in 44 states, plurality support in 4 states, plurality opposition in 1 state, and majority opposition in 1 state. Support was highest in New England, and lowest in the South. The two states with the highest level of support for same-sex marriage were Massachusetts and Vermont, both at 80%. Alabama had the lowest level of support at 41%, and was the only state to record a majority opposition to same-sex marriage at 51%.
Effects of same-sex marriage
Economic impact on same-sex couples
Until the Supreme Court's June 2013 ruling in United States v. Windsor required the Federal Government to treat legally married same-sex couples on an equal basis with heterosexual married couples, same-sex married couples faced severe disadvantages. The Federal Government did not recognize those marriages for any purpose. According to a 1997 General Accounting Office study, at least 1,049 U.S. federal laws and regulations include references to marital status. A 2004 study by the Congressional Budget Office found 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'" Many of these laws govern property rights, benefits, and taxation. Same-sex couples whose marriages are not recognized by the Federal Government are ineligible for spousal and survivor Social Security benefits and are ineligible for the benefits due the spouse of a federal government employee. One study found that the difference in Social Security income for same-sex couples compared to opposite-sex married couples was per year.
Compared to similarly situated opposite-sex married couples, same-sex couples faced the following financial and legal disadvantages:
- Legal costs associated with obtaining domestic partner documents to gain legal abilities granted automatically by legal marriage, including power of attorney, health care decision-making, and inheritance
- A person can inherit an unlimited amount from a deceased spouse without incurring an estate tax, but is subject to taxes if inheriting from a same-sex partner
- Same-sex couples were not eligible to file jointly as a married couple and thus could not take the advantages of lower tax rates when the individual income of the partners differs significantly[i]
- Employer-provided health insurance coverage for a same-sex partner incurred federal income tax
- Higher health costs associated with lack of insurance and preventative care: 20% of same-sex couples had a member who was uninsured compared to 10% of married opposite-sex couples
- Inability to protect jointly owned home from loss due to costs of potential medical catastrophe
- Inability of a U.S. citizen to sponsor a same-sex spouse for citizenship
Some 7,400 companies were offering spousal benefits to same-sex couples as of 2008[update]. In states that recognized same-sex marriages, same-sex couples could continue to receive those same benefits only if they married. Only 18% of private employers offered domestic partner health care benefits.
Same-sex couples face the same financial constraints of legal marriage as opposite-sex married couples, including the marriage penalty in taxation. While social service providers usually do not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance.
Economic impact on the Federal Government
The 2004 Congressional Budget Office study, working from an assumption "that about 0.6 percent of adults would enter into same-sex marriages if they had the opportunity" (an assumption in which they admitted "significant uncertainty") estimated that legalizing same-sex marriage throughout the United States "would improve the budget's bottom line to a small extent: by less than $1 billion in each of the next 10 years". This result reflects an increase in net government revenues (increased income taxes due to marriage penalties more than offsetting decreased tax revenues arising from postponed estate taxes). Marriage recognition would increase the government expenses for Social Security and Federal Employee Health Benefits but that increase would be more than made up for by decreased expenses for Medicaid, Medicare, and Supplemental Security Income.
Based in part on research that has been conducted on the adverse effects of stigmatization of gays and lesbians, numerous prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the American Psychological Association.
Several psychological studies have shown that an increase in exposure to negative conversations and media messages about same-sex marriage creates a harmful environment for the LGBT population that may affect their health and well-being.
One study surveyed more than 1,500 lesbian, gay and bisexual adults across the nation and found that respondents from the 25 states that have outlawed same-sex marriage had the highest reports of "minority stress"—the chronic social stress that results from minority-group stigmatization—as well as general psychological distress. According to the study, the negative campaigning that comes with a ban is directly responsible for the increased stress. Past research has shown that minority stress is linked to health risks such as risky sexual behavior and substance abuse.
Two other studies examined personal reports from LGBT adults and their families living in Memphis, Tennessee, immediately after a successful 2006 ballot campaign banned same-sex marriage. Most respondents reported feeling alienated from their communities. The studies also found that families experienced a kind of secondary minority stress, says Jennifer Arm, a counseling graduate student at the University of Memphis.
At the Perry v. Schwarzenegger trial, expert witness Ilan Meyer testified that the mental health outcomes for gays and lesbians would improve if laws such as Proposition 8 did not exist because "when people are exposed to more stress...they are more likely to get sick..." and that particular situation is consistent with laws that say to gay people "you are not welcome here, your relationships are not valued." Such laws have "significant power", he said.
In 2009, a pair of economists at Emory University tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV infection. The study linked the passage of same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.
A study by the Columbia Mailman School of Public Health found that gay men in Massachusetts visited health clinics significantly less often following the legalization of same-sex marriage in that state.
There is no complete data on the number of same-sex marriages conducted in the United States. Some states and counties record the number of marriages, but the Federal Government does not. Nevertheless, in August 2016, the Treasury Department published a research paper, in which it had linked the tax returns of same-sex couples who had filed jointly in 2014 with their Social Security records. This way, it was able to determine the number of same-sex marriages in the United States. Additionally, the Treasury estimated that about 97.5% of all married couples file their taxes jointly. The statistics showed that in 2014 there were an estimated 183,280 married same-sex couples in the country. The following table shows the data for 2015.
According to the statistics, female couples were four times more likely to have adopted children, than male couples. Additionally, male couples earned a pretax average of $165,960 per year, while lesbian couples earned $118,415 and straight couples earned $115,210. Most female same-sex marriages were celebrated in Oakland, Seattle, San Francisco, Springfield (MA) and Portland (OR), whereas most gay male marriages were performed in San Francisco, Washington D.C., New York City, Seattle and Fort Lauderdale.
The Population Reference Bureau reported that by October 2015 486,000 same-sex marriages had taken place in the United States. It estimated that 45% of all same-sex couples in the country were married.
In June 2016, one year after the Supreme Court handed down its decision in Obergefell v. Hodges, Gallup reported that nearly 1 million U.S. adults were in same-sex marriages. In June 2017, Gallup estimated that 10.6% of American LGBT adults were married, compared to 13.6% of heterosexual adults. Prior to Obergefell, 7.6% of LGBT adults were married.
United States case law regarding same-sex marriage:
- Anonymous v. Anonymous, 67 Misc.2d 982 (N.Y. 1971). The law makes no provision for a "marriage" between persons of the same sex.
- Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971). Upholds a Minnesota law defining marriage as the union of a man and a woman. (Overruled by Obergefell v. Hodges in 2015; see below)
- Jones v. Hallahan, 501 S.W.2d 588 (Ky. 1973). Upholds the denial of a marriage license to two women in Kentucky based on dictionary definitions of marriage, despite the fact that state statutes do not specify the gender of marriage partners.
- Frances B. v. Mark B., 78 Misc.2d 112 (1974). Marriage is and always has been a contract between a man and a woman.
- Singer v. Hara, 522 P.2d 1187 (Wash. Ct. App. 1974). The historical definition of marriage is between one man and one woman, and same-sex couples are inherently ineligible to marry. This ban does not constitute sex discrimination.
- Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982), cert. denied, 458 U.S. 1111. A same-sex marriage does not make one a "spouse" under the Immigration and Nationality Act.
- De Santo v. Barnsley, 476 A.2d 952 (Pa. Super. Ct. 1984). Same-sex couples can not divorce because they cannot form a common law marriage.
- In re Estate of Cooper, 149 Misc.2d 282 (Sur. Ct. Kings Co. 1990). The state has a compelling interest in fostering the traditional institution of marriage and prohibiting same-sex marriage.
- Baehr v. Lewin, 852 P.2d 44 (Haw. 1993). A statute limiting marriage to opposite-sex couples violates the Hawaii constitution's equal-protection clause unless the state can show that the statute is both justified by compelling state interests and also narrowly tailored. This ruling prompted the adoption of Hawaii's constitutional amendment allowing the Legislature to restrict marriage to different-sex couples and the federal Defense of Marriage Act.
- Dean v. District of Columbia, 653 A.2d 307 (D.C. 1995). DC does not authorise same-sex marriage; denial of a marriage license does not violate the Due Process Clause of the United States Constitution.
- Storrs v. Holcomb, 645 N.Y.S.2d 286 (App. Div. 1996). New York does not recognize or authorize same-sex marriage. Overturned in part by Martinez v. County of Monroe in 2008.
- In re Estate of Hall, 707 N.E.2d 201, 206 (Ill. App. Ct. 1998). Illinois does not recognize a same-sex marriage. The petitioner's claim to be in a same-sex marriage was not in a marriage recognized by law.
- Baker v. Vermont, 170 Vt. 194; 744 A.2d 864 (Vt. 1999). The Common Benefits Clause of the state constitution requires that same-sex couples be granted the same legal rights as married persons, though it need not be called marriage.
- Frandsen v. County of Brevard, 828 So. 2d 757 (Fla. 2001). The Florida Constitution will not be construed to recognize same-sex marriage; sex classifications not subject to strict scrutiny under the Florida constitution.
- Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App. 2002). Marriage is the union of one man and one woman.
- In re Estate of Gardiner, 42 P.3d 120 (Kan. 2002). A post-operative male-to-female transsexual is not a woman within the meaning of the statutes and cannot validly marry another man.
- Rosengarten v. Downes, 806 A.2d 1066 (Conn. Ct. App. 2002). Connecticut will not dissolve a Vermont civil union.
- Standhardt v. Superior Court ex rel. County of Maricopa, 77 P.3d 451 (Ariz. Ct. App. 2003) The Constitution of Arizona does not provide the right to same-sex marriage.
- Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003). The denial of marriage licenses to same-sex couples violated provisions of the Massachusetts State Constitution guaranteeing individual liberty and equality, and it was not rationally related to a legitimate state interest.
- Morrison v. Sadler, 821 N.E.2d 15 (Ind. Super. Ct. 2005). Indiana's Defense of Marriage Act is valid.
- Langan v. St. Vincent's Hospital, 802 N.Y.S.2d 476 (App. Div. 2005). For the purposes of New York's wrongful death statute, the survivor partner from a Vermont civil union lacks standing as a "spouse".
- Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006). Nebraska's Initiative Measure 416 does not violate Fourteenth Amendment's Equal Protection Clause, was not a bill of attainder, and does not violate the First Amendment.
- Lewis v. Harris, 908 A.2d 196 (N.J. 2006). Prohibiting same-sex marriage does not violate the New Jersey Constitution, but the state must extend all the rights and responsibilities of marriage to same-sex couples. The Legislature had 180 days to amend the marriage laws or create a "parallel structure".
- Andersen v. King County, 138 P.3d 963 (Wash. 2006). Washington's Defense of Marriage Act does not violate the State Constitution.
- Hernandez v. Robles, 855 N.E.2d 1 (N.Y. 2006). The New York State Constitution does not require that marriage rights be extended to same-sex couples.
- Conaway v. Deane, 932 A.2d 571 (Md. 2007). Upholds a Maryland law defining marriage as the union of a man and a woman.
- Martinez v. County of Monroe, 850 N.Y.S.2d 740 (App. Div. 2008). Because New York recognizes the marriages of opposite-sex couples from other jurisdictions, it must do the same for same-sex couples.
- In re Marriage Cases, 183 P.3d 384 (Cal. 2008). Limiting marriage to opposite-sex couples is invalid under the equal protection clause of the California Constitution. Full marriage rights, not merely domestic partnership, must be offered to same-sex couples.
- Kerrigan v. Commissioner of Public Health 957 A.2d 407 (Conn. 2008). The availability of civil unions but not marriage to same-sex partners is a violation of the equality and liberty provisions of the Connecticut Constitution.
- Strauss v. Horton, 207 P.3d 48 (Cal. 2009). Proposition 8 was validly adopted, and marriages contracted before its adoption remain valid.
- Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). Barring same-sex couples from marriage violates the equal protection provisions of the Iowa Constitution. Equal protection requires full marriage, rather than civil unions or some other substitute, for same-sex couples.
- Challenges to DOMA Section 3
- Gill v. Office of Personnel Management (2009–2013). Section 3 of the federal Defense of Marriage Act is found unconstitutional in U.S. district court. The First Circuit Court of Appeals affirms that ruling and stays implementation pending appeal. Windsor finds Section 3 unconstitutional and appeal of Gill is denied by the Supreme Court.
- Massachusetts v. United States Department of Health and Human Services (2009–2013). Decided alongside Gill with the same outcome.
- Golinski v. Office of Personnel Management (2010–2013). Section 3 of the federal Defense of Marriage Act is found unconstitutional in U.S. district court, which determines that sexual orientation is a quasi-suspect classification requiring the court to apply intermediate scrutiny, that is, to determine whether Section 3 relates to an important government interest. On appeal the case is held in abeyance pending the decision of the U.S. Supreme Court in Windsor, which settles the issues raised in Golinski, the appeal of which to the Supreme Court is then denied.
- United States v. Windsor (2010–2013). Section 3 of the federal Defense of Marriage Act is found unconstitutional in U.S. district court. The Second Circuit Court of Appeals affirms that ruling, as does the U.S. Supreme Court. The U.S. Government began implementing the decision the same week.
- California Proposition 8
- Hollingsworth v. Perry (2009–2013). California's Proposition 8, a voter-endorsed constitutional amendment banning same-sex marriage, is found unconstitutional in U.S. district court in Perry v. Schwarzenegger. The proposition's backers appeal to the Ninth Circuit Court of Appeals, which upholds the district court's finding of unconstitutionality in Perry v. Brown. The U.S. Supreme Court ruled that the proposition's backers lacked standing to appeal and left the district court ruling intact.
- Same-sex marriage rights
- Christiansen v. Christiansen. On June 6, 2011, the Supreme Court of Wyoming grants a divorce to two women who married in Canada, but says its decision does not apply "in any context other than divorce".
- Port v. Cowan (2010–2012). Maryland must recognize valid out-of-state same-sex marriages under doctrine of comity.
- Garden State Equality v. Dow (2011–2013), New Jersey's civil unions violate due process guarantees; denying same-sex marriage ruled unconstitutional in state superior court. The N.J. Supreme Court refuses to stay the ruling and the state defendants drop their appeal.
- Griego v. Oliver, 316 P.3d 865 (N.M. 2013). The New Mexico Supreme Court rules that the State Constitution requires marriage rights to be extended to same-sex couples.
- Kitchen v. Herbert (Utah). U.S. district court, 961 F. Supp. 2d 1181 (2013), rules the state's ban on same-sex marriage is unconstitutional. The Tenth Circuit Court of Appeals upholds that ruling upheld on June 25, 2014. All parties support review by the U.S. Supreme Court, and that court denied review on October 6.
- Whitewood v. Wolf (Pennsylvania). On May 20, 2014, Judge John E. Jones III rules that Pennsylvania's same-sex marriage ban is unconstitutional.
- Geiger v. Kitzhaber and Rummell v. Kitzhaber (Oregon). On May 19, 2014, District Judge Michael J. McShane declares Oregon's same-sex marriage ban unconstitutional.
- Bostic v. Schaefer (Virginia). The Fourth Circuit on July 28, 2014, in a 2–1 decision, affirms a district court ruling that Virginia's denial of marriage rights to same-sex couples is unconstitutional. The Supreme Court denied review on October 6.
- Baskin v. Bogan (Indiana) and Wolf v. Walker (Wisconsin). The Seventh Circuit consolidated these cases and on September 4, 2014, upheld two district court rulings that had found Indiana's and Wisconsin's bans on same-sex marriage unconstitutional. The U.S. Supreme Court denied review on October 6.
- Bishop v. Smith (Oklahoma). On July 18, 2014, the Tenth Circuit upholds the district court ruling that Oklahoma's ban on same-sex marriage is unconstitutional. The Supreme Court denied review on October 6.
- Barrier v. Vasterling (Missouri). State Circuit Judge J. Dale Youngs rules on October 3, 2014, that Missouri's refusal to recognize same-sex marriages from other jurisdictions violates the plaintiff same-sex couples' right to equal protection under both the state and federal constitutions.
- Caspar v. Snyder (Michigan). On January 15, 2015, U.S. District Judge Mark A. Goldsmith ruled that the state must recognize the validity of "window marriages" established on March 21 and 22, 2014, before the Sixth Circuit Court of Appeals stayed a district court ruling in DeBoer v. Snyder that found Michigan's ban on same-sex marriage unconstitutional, despite the fact that DeBoer was later reversed. The state chose not to appeal.
- Obergefell v. Hodges (2013-2015) U.S. Supreme Court case finding state bans on same-sex marriage to be unconstitutional under the 14th Amendment. (Overturned Baker v. Nelson)
- Same-sex marriage
- Status of same-sex marriage
- Timeline of same-sex marriage
- Timeline of same-sex marriage in the United States
- History of same-sex marriage in the United States
- Public opinion of same-sex marriage in the United States
- Same-sex marriage under United States tribal jurisdictions
- Same-sex unions and military policy#United States
- LGBT employment discrimination in the United States
- Rights and responsibilities of marriages in the United States
- LGBT rights in the United States
- Recognition of same-sex unions in the Americas
- Defense of Marriage Act
- Federal Marriage Amendment
- Former U.S. state constitutional amendments banning same-sex unions
- Same-sex marriage legislation in the United States
- Same-sex marriage law in the United States by state
- Same-sex marriage status in the United States by state
- Same-sex unions in the United States
- Domestic partnership in the United States
- The rulings striking down same-sex marriage bans are from U.S. district courts in the following states: Utah, Oklahoma, Virginia, Texas, Michigan, Idaho, Oregon, Pennsylvania, South Dakota, Wisconsin, Indiana, Kentucky, Colorado, Florida, North Carolina, Alaska, Arizona, Wyoming, Kansas, Missouri, West Virginia, South Carolina, Montana, Arkansas, Mississippi, South Dakota, and Alabama.
- The cases (and states) are: Wright v. Arkansas (Arkansas), In re Marriage of J.B. and H.B. and In the Matter of the Marriage of A.L.F.L. and K.L.L. (Texas), Brinkman v. Long (Colorado), Pareto v. Ruvin and Huntsman v. Heavilin (Florida), In Re Costanza and Brewer (Louisiana), and State v. Florida (Missouri).
- Barrier v. Vasterling, Missouri Circuit Court, 16th Judicial Circuit
- Robicheaux v. Caldwell (Louisiana), Conde v. Rius (Puerto Rico)
- Borman v. Pyles-Borman (Tennessee)
- The cases reversed (and affected states) are: Bourke v. Beshear and Love v. Beshear (Kentucky), DeBoer v. Snyder (Michigan), Obergefell v. Himes and Henry v. Himes (Ohio), and Tanco v. Haslam (Tennessee).
- Among many examples: (1) the U.S. District Court ruling in Bourke v. Beshear, which required Kentucky to recognize same-sex marriages from Canada and several U.S. states, was decided on equal protection grounds alone. The plaintiffs claimed that Kentucky's ban violated the full faith and credit clause, but the court found it unnecessary to address that argument. and (2) the plaintiffs in Robicheaux v. Caldwell, who sought Louisiana's recognition of their out-of-state marriages, argued only on the basis of equal protection and due process. One of the Louisiana statutes they challenged made clear the state's assertion of its right to deny recognition to the legal act of another state: "A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana". (emphasis added)
- Other cases that sought review by the U.S. Supreme Court were Golinski v. Office of Personnel Management, Gill v. Office of Personnel Management, Massachusetts v. United States Department of Health and Human Services, and Pedersen v. Office of Personnel Management.
- In early 2013 the IRS recognized the community property and income of same-sex partners in community property states.
- "Obergefell et al. v. Hodges, Director, Ohio, Department of Health, et al." (PDF). supremecourt.gov. Retrieved June 26, 2015.
- "The Same-Sex Couple Who Got a Marriage License in 1971". The New York Times. May 16, 2015. Retrieved April 6, 2018.
- Gumbel, Andrew. "The Great Undoing?". The Advocate. Retrieved July 9, 2012.
- "For First Time, Majority of Americans Favor Legal Gay Marriage". Gallup. May 20, 2011.
- "Difference-in-Differences Analysis of the Association Between State Same-Sex Marriage Policies and Adolescent Suicide Attempts". Journal of the American Medical Association: Pediatrics.
- "Study: Teen suicide attempts fell as same-sex marriage was legalized". USA Today. February 20, 2017.
- "Same-sex marriage laws linked to fewer youth suicide attempts, new study says". PBS. February 20, 2017.
- "Same Sex Marriage Laws – History". National Conference of State Legislatures. Retrieved August 1, 2012.
- LAX, JEFFREY R. (August 2009). "Gay Rights in the States: Public Opinion and Policy Responsiveness" (PDF). American Political Science Review. 103 (3): 67–86. doi:10.1017/S0003055409990050. Retrieved December 20, 2011.
- Silver, Nate (May 9, 2012). "Support for Gay Marriage Outweighs Opposition in Polls". The New York Times. Retrieved October 28, 2012.
- "State-by-State History of Banning and Legalizing Gay Marriage, 1994-2015 - Gay Marriage - ProCon.org". gaymarriage.procon.org.
- Belluck, Oam (May 17, 2004). "With Festive Mood, Gay Weddings Begin in Massachusetts". The New York Times. Retrieved January 11, 2014.
- "Obama Affirms Support for Same-Sex Marriage". ABC News. May 9, 2012. Retrieved March 20, 2013.
- Watkins, Tom (December 20, 2013). "In Utah, judge's ruling ignites same-sex marriage frenzy". CNN. Retrieved December 23, 2013.
- Brandes, Heide (January 14, 2014). "U.S. judge rules Oklahoma gay marriage ban unconstitutional". Chicago Tribune. Reuters. Retrieved January 15, 2014.
- Simpson, Ian (February 14, 2014). "Federal judge strikes down Virginia's ban on gay marriage". Reuters. Retrieved February 27, 2014.
- Calkins, Laurel (February 27, 2014). "Texas Gay-Marriage Ban Held Illegal as Judge Delays Order". Bloomberg. Retrieved February 27, 2014.
- "Deboer v. Snyder: Findings of Fact and Conclusions of Law" (PDF). United States District Court for the Eastern District of Michigan Southern Division. March 15, 2014. Retrieved March 23, 2014.
- Staff reports (May 13, 2014). "Federal court strikes down Idaho gay marriage ban". LGBTQ Nation. Retrieved May 13, 2014.
- Mears, Bill; Shoichet, Catherine (May 19, 2014). "Federal judge strikes down Oregon's same-sex marriage ban". CNN. Retrieved July 21, 2014.
- Williams, Pete (May 20, 2014). "Judge Strikes Down Pennsylvania Same-Sex Marriage Ban". NBC News. Retrieved May 20, 2014.
- Snow, Justin (January 12, 2015). "Federal judge overturns South Dakota same-sex marriage ban". Metro Weekly. Retrieved January 12, 2015.
- "Judge strikes down Wisconsin same-sex marriage ban". USA Today. Associated Press. June 6, 2014. Retrieved June 6, 2014.
- Javier Panzar (June 25, 2014). "Judge strikes down Indiana's ban on gay marriage". Los Angeles Times. Retrieved August 20, 2014.
- Wolfson, Andrew (July 1, 2014). "Gays have right to marry in Kentucky, judge rules". The Courier-Journal. Retrieved July 1, 2014.
- "Judge Strikes Down Gay Marriage Ban, Stays Ruling". ABC News. Associated Press. July 23, 2014. Retrieved July 23, 2014.
- Rothaus, Steve (August 21, 2014). "Federal judge: Florida gay-marriage ban unconstitutional". Miami Herald. Retrieved August 21, 2014.
- Snow, Justin (October 10, 2014). "Federal judge strikes down North Carolina same-sex marriage ban". Metro Weekly. Retrieved October 10, 2014.
- Boots, Michelle Theriault (October 12, 2014). "Federal judge rules Alaska's same-sex marriage ban unconstitutional". Alaska Dispatch News. Retrieved October 13, 2014.
- Liptak, Adam (October 17, 2014). "Alaska and Arizona Are Latest to Clear Way for Gay Marriage". The New York Times. Retrieved January 26, 2015.
- "Order". Scribd.com. U.S. District Court for Wyoming. Retrieved October 17, 2014.
- Geidner, Chris (November 4, 2014). "Federal Judge Strikes Down Kansas Same-Sex Marriage Ban On Election Day". BuzzFeed News. Retrieved November 4, 2014.
- Geidner, Chris (November 7, 2014). "Missouri's Same-Sex Marriage Ban Is Unconstitutional, Federal Judge Rules". BuzzFeed News. Retrieved November 7, 2014.
- Johnson, Curtis (November 7, 2014). "Fed judge declares W.Va. marriage ban unconstitutional". Herald-Dispatch. Retrieved November 7, 2014.
- Johnson, Chris (November 12, 2014). "Judge strikes down South Carolina ban on same-sex marriage". Washington Blade. Retrieved November 12, 2014.
- Johnson, Chris (November 19, 2014). "Judge strikes down Montana ban on same-sex marriage". Washington Blade. Retrieved November 19, 2014.
- Geidner, Chris (November 25, 2014). "Arkansas Same-Sex Marriage Ban Is Unconstitutional, Federal Judge Rules". BuzzFeed News. Retrieved November 25, 2014.
- Geidner, Chris (November 25, 2014). "Mississippi's Same-Sex Marriage Ban Is Unconstitutional, Federal Judge Rules". BuzzFeed News. Retrieved November 25, 2014.
- "South Dakota: Ban on Gay Marriage Is Struck Down". The New York Times. Associated Press. January 12, 2015. Retrieved January 26, 2015.
- Mendoza, Jessica (January 24, 2015). "Judge strikes down Alabama gay marriage ban: Three things to know". The Christian Science Monitor. Retrieved January 26, 2015.
- DeMillo, Andrew. "Arkansas Judge Strikes Down Gay Marriage Ban". Associated Press. Retrieved May 9, 2014.
- Kuffner, Charles. "State court rules gay marriage ban is unconstitutional". Houston Chronicle. Retrieved May 11, 2014.
- Steffen, Jordan (July 9, 2014). "Adams judge tosses Colorado gay marriage ban but stays ruling". The Denver Post.
- Associated Press (July 17, 2014). "Ruling allows same-sex marriages for Florida Keys". USA Today.
- Geidner, Chris (September 22, 2014). "Louisiana Judge Rules Same-Sex Marriage Ban Unconstitutional, Clashing With Federal Court". BuzzFeed News. Retrieved September 22, 2014.
- Johnson, Chris (October 3, 2014). "Judge orders Missouri to recognize same-sex marriages". Washington Blade. Retrieved October 3, 2014.
- Associated Press (September 3, 2014). "Federal judge upholds La. gay-marriage ban". USA Today. Retrieved September 3, 2014.
- Thomaston, Scottie (November 6, 2014). "Sixth Circuit upholds same-sex marriage bans". Retrieved November 6, 2014.
- Williams, Pete (June 26, 2015). "Landmark: Supreme Court Rules Same-Sex Marriage Legal Nationwide". NBC News. Retrieved June 26, 2015.
- "Petition Granted". Scribd.com. Supreme Court of Alabama. p. 27. Retrieved March 24, 2015.
- DeMillo, Andrew (June 9, 2015). "Judge: Arkansas Must Recognize in-State Same-Sex Marriages". ABC News. Associated Press. Retrieved June 9, 2015.
- Glenn Adams and David Crary, "Maine voters reject gay-marriage law", November 4, 2009
- Houston, Sonya (March 17, 2013). "Tribe marries same-sex couple but state won't recognize it". CNN. Retrieved March 18, 2013.
- "For first time, voters back gay marriage in statewide votes". NBC News. Retrieved November 7, 2012.
- "Washington State Senate approves same-sex marriage". MSNBC. February 1, 2012. Archived from the original on February 2, 2012.
- "KBIC Council Shake-Up; Casino Plan Rejected". The Keweenaw Report. December 14, 2014. Retrieved December 14, 2014.
- "Supreme Court gay marriage decision: Full text of Obergefell ruling". Politico. June 26, 2015.
- "2004 updated report of the GAO" (PDF). GAO. January 23, 2004. Retrieved December 20, 2011.
- Loretta Lynch (July 9, 2015). "Attorney General Lynch Announces Federal Marriage Benefits Available to Same-Sex Couples Nationwide". Department of Justice. Archived from the original on 10 November 2016.
- Wermiel, Stephen (March 23, 2012). "SCOTUS for law students: The Defense of Marriage Act and the Constitution". SCOTUSblog. Retrieved September 23, 2014.
- Wolff, Tobias Barrington (July 21, 2011). "DOMA Repeal and the Truth About Full Faith & Credit". The Huffington Post. Retrieved September 23, 2014.
- "Memorandum Opinion, Bouke v. Beshear". U.S. District Court for the Western District of Kentucky. February 12, 2014.
- "Order and Reasons, Robicheaux v. Caldwell". U.S. District Court for the Eastern District of Louisiana. September 3, 2014.
- 1 U.S.C. § 7.
- Goodnough, Abby; Schwartz, John (July 8, 2010). "Judge Topples U.S. Rejection of Gay Unions". The New York Times. Retrieved June 2, 2011.
- "The Defense of Marriage Act". Freedom to Marry. Retrieved July 19, 2012.
- Lavoie, Denise (May 31, 2012). "DOMA Ruled Unconstitutional By Federal Appeals Court". The Huffington Post. Retrieved July 19, 2012.
- Malewitz, Jim (October 18, 2012). "Defense of Marriage Act Discriminates Against Gays, Federal Court Rules". Pewstates.org. Retrieved October 20, 2012.
- Tiven, Rachel. "Edie Wins! Another Ruling Against DOMA, What It Means". Immigration Equality (organization). Retrieved October 23, 2012.[permanent dead link]
- "Live Analysis of the Supreme Court Decisions on Gay Marriage". New York Times. June 26, 2013. Retrieved June 26, 2013.
- "After DOMA: Military Spousal Benefits". Lambda Legal. 15 November 2013. Retrieved 19 December 2017.
- Condon, Stephanie (26 June 2014). "One year after DOMA ruling, same-sex couples still face benefits gaps". CBS News. Retrieved 19 December 2017.
- Wolf, Richard (4 September 2013). "Veterans' same-sex spouses eligible for federal benefits". USA Today. Retrieved 4 September 2013.
- "John Kerry Announces Visa Changes for Same-Sex Couples". U.S. Embassy Kuala Lumpur. August 2, 2013. Archived from the original on March 22, 2014. Retrieved July 26, 2014.
- Perez, Evan (February 10, 2014). "U.S. expands legal benefits, services for same-sex marriages". CNN. Retrieved July 26, 2014.
- Chappell, Bill (June 20, 2014). "Married Same-Sex Couples To Receive More Federal Benefits". NPR. Retrieved July 26, 2014.
- Glenza, Jessica (June 20, 2014). "Federal agencies roll out benefits for married same-sex couples". The Guardian. Retrieved July 26, 2014.
- Capehart, Jonathan (May 9, 2014). "Fix the Social Security discrepancy DOMA left behind". The Washington Post. Retrieved July 26, 2014.
- Forman, Shira (February 27, 2015). "DOL Issues Final Rule Amending FMLA Definition of "Spouse" to Include Same-Sex Marriages". Sheppard Mullin Richter & Hampton LLP. Retrieved February 28, 2015.
- Trotier, Geoffrey S. (February 24, 2015). "FMLA "Spouse" Definition Now Includes Same-Sex Spouses and Common-Law Spouses". The National Law Review. von Briesen & Roper, s.c. Retrieved February 28, 2015.
- Johnson, Chris (September 19, 2014). "DOJ pressured to recognize same-sex marriages in 3 states". Washington Blade. Retrieved September 24, 2014.
- "Senate blocks same-sex marriage ban". CNN. June 7, 2006. Archived from the original on May 11, 2008. Retrieved July 5, 2006.
- "Alabama House approves call to put same-sex marriage ban in U.S. Constitution". Montgomery Advertiser. April 2, 2014. Archived from the original on April 12, 2014. Retrieved April 3, 2014.
- "Same-sex marriage: American Samoa may be the only territory in the US where the historic Supreme Court ruling does not apply". The Independent. Retrieved September 2, 2015.
- American Samoa questions gay marriage validity in territory The Seattle Times, July 10, 2015
- Williams, Pete (January 6, 2016). "Alabama Chief Justice Orders Halt to Gay Marriage". NBC News. Retrieved January 6, 2016.
- "Alabama's top judge faces ethics charges over gay-marriage order". Reuters. 7 May 2016.
- Faulk, Kent (September 30, 2016). "Alabama Supreme Court Chief Justice Roy Moore suspended for rest of term". Alabama Media Group. Retrieved September 30, 2016.
- "Local government responses to Obergefell v. Hodges". ballotpedia.org. July 1, 2015 – June 26, 2017.
- "2yrs later, 7co. still not issuing same-sex marriage licenses". Alabama Today. 2017-06-29. Retrieved 2017-07-07.
- "Eight Alabama counties still refuse to issue marriage licenses despite gay marriage ruling". AL.com. Retrieved 2016-10-21.
- "Alabama judges use segregation-era law to avoid gay marriage". AL.com. Retrieved 2016-10-21.
- "One year after marriage ruling, pockets of defiance remain". Washington Blade: Gay News, Politics, LGBT Rights. 2016-06-22. Retrieved 2016-07-17.
- "Same-Sex Couples Can Now Adopt Children In All 50 States". The Huffington Post. 31 March 2016.
- "Judge Invalidates Mississippi's Same-Sex Adoption Ban, the Last of Its Kind in America". Slate. 31 March 2016.
- Gay Couples Entitled to Equal Treatment on Birth Certificates, Justice Rule The New York Times, June 26, 2017
- Julian Brave Noisecat (July 2, 2015). "Fight For Marriage Equality Not Over On Navajo Nation". The Huffington Post. Retrieved July 2, 2015.
- U.S. Census estimate, 2014: "State Totals: Vintage 2014". Annual Population Estimates. United States Census Bureau. Archived from the original on December 25, 2014. Retrieved December 26, 2014. The Census Bureau population estimate for 2014 was 318,857,056 for the states and the District of Columbia.
- "Federal judge rules Alaska's same-sex marriage ban unconstitutional". Alaska Dispatch. October 12, 2014. Retrieved October 12, 2014.
- "Connoly v. Jeanes, order and opinion". United States District Court for the District of Arizona. Retrieved October 17, 2014.
- "Prop. 8 officially out — SF weddings begin". San Francisco Chronicle. Retrieved June 28, 2013.
- Gutierrez, Melody (July 7, 2014). "California removes 'husband' 'wife' from marriage statutes". San Francisco Chronicle. Retrieved October 6, 2014.
- Geidner, Chris (April 14, 2015). "Marriage Equality Comes To Guam". BuzzFeed. Retrieved April 14, 2015.
- Miculka, Cameron (June 5, 2015). "Court strikes down Guam's same-sex marriage ban". Pacific Daily News. Retrieved June 29, 2015.
- "Guam passes marriage equality and employment nondiscrimination acts". Metro Weekly. Retrieved September 2, 2015.
- "Judge rules Idaho gay marriage ban unconstitutional". Idaho Statesman. May 13, 2014. Retrieved May 13, 2014.[permanent dead link]
- Geidner, Chris (October 7, 2014). "Idaho And Nevada Marriage Bans Are Unconstitutional, Federal Appeals Court Rules". BuzzFeed News. Retrieved October 7, 2014.
- Johnson, Chris (September 15, 2014). "7th Circuit stays decision on Indiana same-sex marriage". Washington Blade. Retrieved September 15, 2014.
- Miller, Kyle (September 4, 2007). "A window of opportunity". Iowa State Daily. Retrieved April 5, 2013.
- Geidner, Chris (October 7, 2014). "Idaho And Nevada Marriage Bans Are Unconstitutional, Federal Appeals Court Rules". BuzzFeed News. Retrieved October 7, 2014.
- Duffy, Nick (October 7, 2014). "Nevada amends laws to formally recognise same-sex marriage". PinkNews. Retrieved July 3, 2017.
- Nevada Bill AB229. Nevada Legislature. Retrieved July 3, 2017.
- Gordon, Michael (October 10, 2014). "Gay marriage is now legal in North Carolina". Charlotte Observer. Retrieved October 10, 2014.
- "Opinion of the Court in Nos. 14–5003 & 14–5006, Bishop, et al v. Smith, et al" (PDF). United States Court of Appeals for the Tenth Circuit. Retrieved July 18, 2014.
- "HB 2478". The Oregonian. Oregon Legislature Bill Tracker. Retrieved September 2, 2015.
- United States District Court for the District of South Carolina (November 12, 2014). "Order". Equality Case Files. Retrieved November 12, 2014.
- Mimica, Mila (February 14, 2014). "Federal Judge Rules Va. Gay Marriage Ban Unconstitutional". NBC News. Retrieved February 27, 2014.
- Carpenter, Dale (July 28, 2014). "Fourth Circuit strikes down Virginia ban on same-sex marriage". The Volokh Conspiracy. Retrieved August 21, 2014.
- "West Virginia begins issuing marriage licenses to same-sex couples". LGBTQ Nation. Retrieved October 14, 2014.
- "West Virginia gay-marriage ban "officially" dead". San Diego Gay & Lesbian News. November 7, 2014. Retrieved November 14, 2014.
- Johnson, Chris (September 4, 2014). "7th Circuit rules against marriage bans in Wisconsin, Indiana". Washington Blade. Retrieved September 4, 2014.
- Bob Moen (October 21, 2014). "Wyoming Becomes Latest to Legalize Gay Marriage". ABC News. Associated Press. Retrieved October 21, 2014.
- Mathabane, Gail (January 25, 2004). "Gays face same battle interracial couples fought". USA Today. Retrieved May 23, 2010.
- "Commentary: Latinos should see gay marriage a civil right - CNN.com". CNN. November 7, 2008. Retrieved May 23, 2010.
- Direct Examination of Nancy Cott, p. 208. Perry v. Schwarzenegger, No. 09-2292 (N.D. Cal. January 11, 2010). Retrieved December 20, 2011.
- Coghlan, Andy (June 16, 2008). "Gay brains structured like those of the opposite sex". New Scientist. Retrieved April 5, 2018.
- Mary Ann Lamanna; Agnes Riedmann; Susan D Stewart (2014). Marriages, Families, and Relationships: Making Choices in a Diverse Society. Cengage Learning. p. 82. ISBN 1305176898. Retrieved February 11, 2016.
[T]he APA says that sexual orientation is not a choice that can be changed... biological, including genetic or inborn hormonal factors, play a significant role in a person's sexuality (American Psychological Association 2010).
- Frankowski BL; American Academy of Pediatrics Committee on Adolescence (June 2004). "Sexual orientation and adolescents". Pediatrics. 113 (6): 1827–32. doi:10.1542/peds.113.6.1827. PMID 15173519.
- "Position Statement on Support of Legal Recognition of Same-Sex Civil Marriage" (PDF). American Psychiatric Association. Retrieved November 2, 2013.
- "Statement on Marriage and the Family". American Anthropological Association. Retrieved June 9, 2015.
- "Position Statement on Adoption and Co-parenting of Children by Same-sex Couples" (PDF). American Psychiatric Association. 2002. Retrieved November 2, 2013.
- "AMA Policy Regarding Sexual Orientation". American Medical Association. Retrieved November 2, 2013.
- "The APA reaffirms support for same-sex marriage". San Diego Gay and Lesbian News. Retrieved July 28, 2012.
- "The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children". American Academy of Pediatrics. Retrieved November 2, 2013.
- "Support for Marriage Equality" (PDF). American Academy of Nursing. July 2012. Retrieved November 2, 2013.
- Davis, Annie (October 22, 2017). "Children raised by same-sex parents do as well as their peers, study shows". The Guardian. Retrieved March 28, 2018.
- Bever, Lindsey (July 7, 2014). "Children of same-sex couples are happier and healthier than peers, research shows". The Washington Post. Retrieved March 28, 2018.
- Hiogan, Bill (February 10, 2014). "Mildred Loving: She Blazed a Trail for Marriage Equality". AARP Bulletin. Archived from the original on April 3, 2015. Retrieved March 11, 2015.
- "Mildred Loving, 40 Years Later". The Atlantic. June 18, 2007. Archived from the original on April 2, 2015. Retrieved March 11, 2015.
- Human Rights Campaign website Archived February 6, 2012, at the Wayback Machine.. Retrieved November 1, 2010.
- "NAACP PASSES RESOLUTION IN SUPPORT OF MARRIAGE EQUALITY". NAACP. May 20, 2018. Retrieved April 11, 2018.
- Switzer, Cody. Inside the Human Rights Campaign's Social-Media Success Philanthropy. April 9, 2013. Retrieved April 14, 2013.
- Lipp, Murray. The power of online activism and social media in the fight for LGBT equality Pink News. January 29, 2013. Accessed, April 14, 2013.
- Royal, Denis. Facebook Page 'Gay Marriage USA' Pushes for Equality South Florida Gay News. April 10, 2013. Retrieved April 14, 2013.
- Ferenstein, Gregory How The Internet Is Erasing The Religious Right's Political Power Tech Crunch. March 21, 2013. Retrieved April 14, 2013.
- HRC Logo Memes Archived April 8, 2013, at the Wayback Machine. Retrieved April 14, 2013.
- Kleinman, Alexis How The Red Equal Sign Took Over Facebook, According To Facebook's Own Data Huffington Post. March 30, 2013. Retrieved April 14, 2013.
- Cline, Austin (16 July 2017). "Common Arguments Against Gay Marriage". Retrieved 26 September 2017.
- "Position Statement on Support of Legal Recognition of Same-Sex Civil Marriage" (PDF). American Psychiatric Association. Retrieved November 2, 2013.
- "Position Statement on Adoption and Co-parenting of Children by Same-sex Couples" (PDF). American Psychiatric Association. 2002. Retrieved November 2, 2013.
- "Support for Marriage Equality" (PDF). American Academy of Nursing. July 2012. Retrieved November 2, 2013.
- Bever, Lindsey (July 7, 2014). "Children of same-sex couples are happier and healthier than peers, research shows". The Washington Post. Retrieved March 28, 2018.
- Anti-gay marriage group loses Maine appeal to prevent release of its donor list. David Sharp, Associated Press, January 31, 2012.
- "Campaign Finance After Two Years of Citizens United, Josh Douglas of the University of Kentucky College of Law, January 21, 2012". Jurist.org. January 21, 2012. Retrieved May 19, 2012.
- Stephanie Strom (May 12, 2011). "I.R.S. Moves to Tax Gifts to Groups Active in Politics". The New York Times.
- "Report: Obama Changed His View on Gay Marriage". Fox News. April 7, 2010. Retrieved June 27, 2010.
- Linkins, Jason (January 13, 2009). "Obama Once Supported Same-Sex Marriage 'Unequivocally'". The Huffington Post. Retrieved December 20, 2011.
- "Obama and Miss California aligned on same-sex marriage?". The Christian Science Monitor. May 12, 2009. Retrieved January 28, 2011.
- Shear, Michael D. (August 5, 2010). "President Obama's beliefs meet his policy". The Washington Post. Retrieved January 28, 2011.
- Paterson, Penny (January 13, 2009). "Gay Supporters Petition Obama to Repeal DOMA". Santa Barbara Independent. Retrieved June 24, 2009.
- Eleveld, Kerry (April 3, 2009). "White House Responds to Iowa". The Advocate. Retrieved September 28, 2014.
- "Civil Rights". The White House. Archived from the original on October 26, 2009. Retrieved October 3, 2009.
- Bacon, Jr., Perry (December 23, 2010). "Obama says his views on same-sex marriage are evolving". The Washington Post. Retrieved January 5, 2011.
- Mason, Jeff (May 9, 2012). "Same-sex couples should be able to marry: Obama". Chicago Tribune. Retrieved March 20, 2013.
- Toobin, Jeffrey (October 27, 2014). "The Obama Brief". The New Yorker. Retrieved October 20, 2014.
- "GOP President-Elect Donald Trump Says Same-Sex Marriage Is 'Settled' Law". ABC News. November 13, 2016.
- "Donald Trump punching back". July 5, 2015.
- Crabtree, Susan. "Sessions says he will enforce gay-marriage decision".
- "Betsy DeVos Supports Same-Sex Marriage, Spokesman Says".
- "Bill Clinton endorses gay marriage in New York". USA Today. May 5, 2011. Retrieved June 26, 2012.
- Raushenbush, Paul (March 19, 2012). "President Jimmy Carter Authors New Bible Book, Answers Hard Biblical Questions". The Huffington Post. Retrieved June 26, 2012.
- Stenovec, Timothy (September 13, 2011). "Dick Cheney On Gay Marriage: "I Certainly Don't Have Any Problem With It". The Huffington Post. Retrieved June 26, 2012.
- "Al Gore: 'Gay men and women should have the same rights'". Current TV. January 17, 2008. Retrieved July 8, 2012.
- Mondale, Walter (May 16, 2013). "Mondale and Dukakis Back Marriage Equality". ThinkProgress. Retrieved June 20, 2013.
- Wing, Nick. Laura Bush: Gay Marriage Should Be Legal, Abortion Should Remain Legal (VIDEO). The Huffington Post. May 13, 2011. Retrieved March 27, 2013.
- Wing, Nick. Hillary Clinton Announces Support For Gay Marriage Archived March 22, 2013, at the Wayback Machine.. The Huffington Post. March 18, 2013. Retrieved March 27, 2013.
- US First Lady Michelle Obama on why she supports gay marriage Gay Star News
- Nancy Reagan supports same-sex marriage says daughter Patti Davis Pink News
- "George H.W. Bush is Witness at Same-Sex Marriage in Maine". The Washington Post. September 25, 2013. Retrieved March 17, 2014.
- Johnson, Chris. "George W. Bush sought to officiate same-sex wedding: report." Washington Blade. May 24, 2015. Retrieved 2015-05-25.
- Wilson, Chris. The same-sex marriage Senate endorsement tracker. Yahoo! News. Updated June 19, 2013. Retrieved June 27, 2013.
- Miller, Sunlen (April 2, 2013). "Majority of Senate Supports Same Sex Marriage". ABC News. Retrieved June 26, 2013.
- Stein, Sam. Rob Portman's Gay Marriage Conversion Explained By His Son. The Huffington Post. March 25, 2013. Retrieved June 26, 2013.
- Kaczynski, Andrew (April 2, 2013). "Republican Sen. Mark Kirk Endorses Marriage Equality". Buzzfeed. Retrieved September 28, 2014.
- Burgess, Everett (June 19, 2013). "Lisa Murkowski Endorses Same Sex Marriage". Politico. Retrieved June 26, 2013.
- Moretto, Mario (June 25, 2014). "Susan Collins becomes fourth GOP senator to publicly support same-sex marriage". Bangor Daily News. Retrieved June 25, 2014.
- Scott Conroy, "Palin Breaks With McCain On Gay Marriage Ban", CBS News, October 20, 2008. Retrieved October 31, 2010.
- "California's Same-Sex Marriage Ban Overturned in Court Ruling". PBS Newshour. August 4, 2010. Retrieved September 28, 2014.
- Stein, Sam; Ward, Jon (December 20, 2012). "Newt Gingrich On Mitt Romney: 'I Would Have Probably Done Better' Against Obama". The Huffington Post. Retrieved September 28, 2014.
- Elizabeth Tenety, "Glenn Beck, Gay Marriage Advocate?", The Washington Post, August 12, 2010. Retrieved October 31, 2010.
- Talkers Magazine, ""2010 Talkers 250"". Archived from the original on January 30, 2011. Retrieved January 31, 2011. . Retrieved November 30, 2010.
- "Poll: Obama's approval ratings stagnant despite economy". CNN. February 19, 2015. Retrieved February 19, 2015.
- "Poll: Gay-marriage support at record high". Washington Post. April 23, 2015. Retrieved March 28, 2018.
- Peyton M. Craighill and Scott Clement (March 5, 2014). "Support for same-sex marriage hits new high; half say Constitution guarantees right". The Washington Post. Retrieved March 5, 2014.
- "Same-Sex Marriage Support Solidifies Above 50% in U.S." Gallup. May 13, 2013. Retrieved July 29, 2013.
- Jones, Jeffrey M. (May 13, 2013). "Same-Sex Marriage Support Solidifies Above 50% in U.S." Gallup.
- Lydia, Saad (July 29, 2013). "In U.S., 52% Back Law to Legalize Gay Marriage in 50 States". Gallup.
- "Section 1: Same-Sex Marriage, Civil Unions and Inevitability". In Gay Marriage Debate, Both Supporters and Opponents See Legal Recognition as "Inevitable". Pew Research Center for the People & the Press. June 6, 2013. Retrieved December 25, 2013.
- "Growing Support for Gay Marriage: Changed Minds and Changing Demographics" (PDF). people-press.com. March 20, 2013. Retrieved June 5, 2013.
- Nate Silver. "Gay Marriage Opponents Now in Minority". The New York Times April 20, 2011. Retrieved April 26, 2011.
- "For First Time, Majority of Americans Favor Legal Gay Marriage". Gallup. Retrieved September 19, 2012.
- The Rapid Increase in Support for Marriage Changes Political Equation: Emerging Majority Supports the Freedom to Marry. Joel Benenson, Benenson Strategy Group, and Jan van Lohuizen, Voter Consumer Research. July 27, 2011. Retrieved August 2, 2011.
- "US Support for Gay Marriage Edges to New High". Gallup. 15 May 2017.
- "PRRI - American Values Atlas". Public Religion Research Institute. 2017.
- Dang, Alain, and M. Somjen Frazer. "Black Same-Sex Couple Households in the 2000 U.S. Census: Implications in the Debate Over Same-Sex Marriage." Western Journal of Black Studies 29.1 (Spring2005 2005): 521–530. Academic Search Premier. EBSCO. September 30, 2009
- "The Potential Budgetary Impact of Recognizing Same-Sex Marriages". Congressional Budget Office. June 21, 2004. Retrieved March 8, 2007.
- Badgett, M.V. Lee (2003). Money, Myths, and Change: The Economic Lives of Lesbians and Gay Men. Chicago: University Of Chicago Press. ISBN 0-226-03401-1.
- "IRS Provides Answers to Community Property Filers". United States Internal Revenue Service. Retrieved February 6, 2013.
- Barkacs, L. L. (2008). "Same sex marriage, civil unions, and employee benefits: Unequal protection under the law – when will society catch up with the business community?", Journal of Legal, Ethical and Regulatory Issues, 11(2), 33–44.
- Cite error: The named reference
amici2011was invoked but never defined (see the help page).
- Price, M. "Upfront—Research uncovers the stress created by same-sex marriage bans" in Monitor on Psychology, Volume 40, No. 1, page 10, January 2009. Washington DC: American Psychological Association.
- Potoczniak, Daniel J.; Aldea, Mirela A.; DeBlaere, Cirleen "Ego identity, social anxiety, social support, and self-concealment in lesbian, gay, and bisexual individuals." Journal of Counseling Psychology, Vol 54(4), October 2007, 447–457.
- Balsam, Kimberly F.; Mohr, Jonathan J. "Adaptation to sexual orientation stigma: A comparison of bisexual and lesbian/gay adults." Journal of Counseling Psychology, Vol 54(3), July 2007, 306–319.
- Rostosky, Sharon Scales; Riggle, Ellen D. B.; Gray, Barry E.; Hatton, Roxanna L. "Minority stress experiences in committed same-sex couple relationships." Professional Psychology: Research and Practice, Vol 38(4), August 2007, 392–400.
- Szymanski, Dawn M.; Carr, Erika R. "The roles of gender role conflict and internalized heterosexism in gay and bisexual men's psychological distress: Testing two mediation models." Psychology of Men & Masculinity, Vol 9(1), January 2008, 40–54.
- "Perry v. Schwarzenegger Transcript of Proceedings: pp.670–990 (Meyer testimony begins on p.806)" (PDF). U.S. District Court of Northern California. Retrieved March 8, 2012.
- "Emory researchers: Gay marriage bans increase HIV infections". Webcitation.org. Archived from the original on October 8, 2009. Retrieved February 8, 2012.
- Elaine Justice. "Study Links Gay Marriage Bans to Rise in HIV infections". Emory.edu. Retrieved June 27, 2010.
- "Gay marriage 'improves health'". BBC News. December 16, 2011. Retrieved December 20, 2011.
- The Most Detailed Map of Gay Marriage in America The New York Times
- SAME-SEX MARRIED TAX FILERS AFTER WINDSOR AND OBERGEFELL
- Existing Data Show Increase in Married Same-Sex U.S. Couples
- "Gay marriages up 33% in year since Supreme Court ruling".
- "Same-sex marriage rate lower than rate for straight couples, poll shows".
- Cantor, et.al, Donald J. (2006). Same-Sex Marriage: The Legal and Psychological Evolution in America. Middletown, CT: Wesleyan University Press. pp. 117–8. ISBN 9780819568120.
- De Santo v. Barnsley, May 11, 1984, retrieved January 19, 2013
- "Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006) opinion" (PDF). Retrieved December 20, 2011.
- Opinion of the Court, Hernandez v Robles, accessed September 24, 2014
- Louis, Tim. "Gay Marriage: Technicality delays county's appeal". City Newspaper. Rochester, N.Y. Retrieved June 27, 2010.
- 'In re Marriage Cases, 183 P.3d 384 (Cal. 2008).
- Strauss v. Horton, 207 P.3d 48 (Cal. 2009).
- Kaplan, Elaine (June 28, 2013). "Memorandum for Heads of Executive Departments and Agencies: Guidance on the Extension of Benefits to Married Gay and Lesbian Federal Employees, Annuitants, and Their Families – (OPM Benefits memo)". Scribd.com. United States Office of Personnel Management. Retrieved March 31, 2014.
- Dolan, Maura (June 28, 2013). "Prop 8: Gay marriages can resume in California, court rules". Los Angeles Times. Retrieved June 28, 2013.
- Barron, Joan (June 7, 2011). "Wyoming Supreme Court reverses same-sex divorce ruling". Caspar Star Tribune. Retrieved January 16, 2013.
- "Port v. Cowan, No. 69, September Term, 2011. (May 18, 2012)". Findlaw. Retrieved July 17, 2012.
- Howe, Amy (October 6, 2014). "Today's orders: Same-sex marriage petitions denied". SCOTUSblog. Retrieved October 6, 2014.
- Denniston, Lyle (May 20, 2014). "Pennsylvania: Same-sex marriage ban struck down". SCOTUSblog. Retrieved October 20, 2014.
- Marshall, Cathy (May 20, 2014). "Gay couples immediately occurring after ruling". Kgw.com. Archived from the original on May 30, 2014. Retrieved June 29, 2014.
- Carpenter, Dale (July 28, 2014). "Fourth Circuit strikes down Virginia ban on same-sex marriage". The Volokh Conspiracy.
- Johnson, Chris (September 4, 2014). "7th Circuit rules against marriage bans in Wisconsin, Indiana". Washington Blade. Retrieved September 4, 2014.
- "US Appeals Court Tosses Oklahoma Gay Marriage Ban". July 18, 2014. Retrieved July 18, 2014.
- Johnson, Chris (October 3, 2014). "Judge orders Missouri to recognize same-sex marriages". Washington Blade. Retrieved October 20, 2014.
- "Caspar v. Snyder - Freedom to Marry in Michigan". ACLU. Retrieved November 18, 2014.
- Brand-Williams, Oralandar (February 4, 2015). "No appeal on marriages 'an early Valentine's Day gift'". Detroit News. Retrieved February 4, 2015.
- Chauncey, George (2004). Why Marriage? The History Shaping Today's Debate over Gay Equality. New York: Basic Books. ISBN 0-465-00957-3.
- Corvino, John, and Maggie Gallagher (2012). Debating Same-Sex Marriage. New York: Oxford University Press. ISBN 978-0-19-975631-5.
- Dobson, James C. (2004). Marriage under Fire: Why We Must Win This War. Sisters, Ore.: Multnomah. ISBN 1-59052-431-4.
- Murdoch, Joyce, and Deb Price (2001). Courting Justice: Gay Men and Lesbians v. the Supreme Court. New York: Basic Books. ISBN 0-465-01513-1.
- NeJaime, Douglas (October 2012). "Marriage Inequality: Same-Sex Relationships, Religious Exemptions, and the Production of Sexual Orientation Discrimination". California Law Review. 100 (5): 1169–1238.
- Rauch, Jonathan (2004). Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America. New York: Times Books. ISBN 0805076336
- Sullivan, Andrew (1989) "Here Comes the Groom: A (Conservative) Case for Gay Marriage," The New Republic, reprinted in Slate, November 9, 2012.
- Sullivan, Andrew, editor (1997, 2004). Same-Sex Marriage Pro & Con: A Reader. Vintage. ISBN 1-4000-7866-0. Second edition.
- Wolfson, Evan (2004). Why Marriage Matters: America, Equality, and Gay People's Right to Marry. New York: Simon & Schuster. ISBN 0-7432-6459-2.
- American Courts on Marriage: Is Marriage Discriminatory? 1998–2008, Joshua Baker, Institute for Marriage and Public Policy, May 2008.
- Gay rights in the US, state by state The Guardian
- LA Weekly feature, "California Supreme Court Set to Consider Gay Marriage," Feb. 2008 by Matthew Fleischer at the Wayback Machine (archived April 17, 2008)
- PollingReport.com Law and Civil Rights compendium
- Same-sex marriage in the United States at Curlie (based on DMOZ)
- Timeline: Gay marriage, Los Angeles Times, October 6, 2014
- The Shifting Landscape of State Same-Sex Marriage Laws as of February 26, 2014 by the Bloomberg Visual Data Center showing various charts with respect to the development of same-sex marriage in the United States