Current Legal Status of Same-Sex Marriage in the U.S.
Same-sex marriage is legal nationwide following the Supreme Court’s 2015 ruling in Obergefell v. Hodges. As of 2026, no U.S. state has an active statute that bans same-sex marriage. Federal precedent requires all states to recognize and perform same-sex marriages. Some states still have outdated language in their constitutions or statutes, but these provisions are unenforceable and subject to ongoing legal review.
States With Past or Dormant Bans
Several states previously amended their constitutions to define marriage as between one man and one woman. These include Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Wisconsin. While these measures remain on the books, they cannot override federal constitutional protections. Courts have consistently struck down enforcement attempts, and state officials are bound by Supreme Court precedent.
Recent Legal Developments and Enforcement
In recent years, some state legislatures have introduced bills to reinforce or symbolically reaffirm traditional marriage definitions. However, none of these measures have successfully created new legal barriers to same-sex marriage. Federal courts continue to apply Obergefell v. Hodges uniformly. For the latest updates on pending legislation and court actions, refer to the Human Rights Campaign’s legal overview at https://www.hrc.org/resources/state-same-sex-marriage-legal-status.
