American law gay marriage
Same-sex marriage, which the U.S. Supreme Court in 2015 legalized nationwide in the case known as Obergefell v. Hodges, is facing resurgent hostility.
In the decade since the court’s decision, public support for same-sex marriage has increased. Currently, about 70% ofAmericans approve of legally knowing the marriages of homosexual couples, a 10-percentage-point bump from 2015.
Obergefell led to an increase in marriages among same-sex partners, with more than 700,000 gay couples currently married.
Despite this, Republican lawmakers in five states have recently introduced symbolic bills calling on the Supreme Court to overturn its ruling in Obergefell.
And Republican lawmakers in two states contain proposed legislation that creates a new category of marriage, called “covenant marriage,” that is reserved for one man and one woman.
As a professor of legal studies, I believe such attacks on same-sex marriage represent a serious threat to the institution.
And others share my concern.
A 2024 poll of married same-sex couples set up that 54% of respondents are worried that the Supreme Court might overturn Obergefell, with only 17% saying they did not anticipate such a challe
What the Same Sex Marriage Bill Does and Doesn't Do
The U.S. Senate passed landmark legislation this week enshrining protections for same sex and interracial marriages in federal statute in a bipartisan vote that marked a dramatic turnaround on a once highly divisive issue.
The Senate move marks a major hurdle for the legislation, which President Biden has said he will autograph into law pending a vote in the House of Representatives.
Leonore F. Carpenter, a Rutgers Regulation School professor who has served as an LGBTQA rights attorney, explains what the Respect for Marriage Act accomplishes, and what is does not.
What exactly does the Respect for Marriage Act act to protect lgbtq+ marriage?
The Act does a few significant things.
First, it repeals the federal Defense of Marriage Operate. That law was passed in 1996, and it prohibited the federal government from recognizing queer marriages that had been validly entered into under a state’s law. It also gave the green light to states to deny to recognize homosexual marriages from other states.
Next, it prohibits states from refusing to realize same-sex marriages that are validly entered into in a different state. It’s also impo
Marriage Equality Around the World
The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the world. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of community, national and regional advocates and share tools, resources, and lessons learned to enable movements for marriage equality.
Current State of Marriage Equality
There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom, the United States of America and Uruguay.
These countries have legalized marriage equality through both legislation and court decisions.
Countries that Legalized Marriage Equality in 2025
Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effect January 1, 2025.
The Journey to Marriage Equality in the Together States
The road to nationwide marriage equality was a long one, spanning decades of United States history and culminating in victory in June 2015. Throughout the long battle for marriage equality, HRC was at the forefront.
Volunteer with HRC
From gathering supporters in small towns across the country to rallying in front of the Supreme Court of the United States, we gave our all to assure every person, regardless of whom they love, is recognized equally under the law.
A Growing Call for Equality
Efforts to legalize gay marriage began to pop up across the nation in the 1990s, and with it challenges on the state and national levels. Civil unions for same-sex couples existed in many states but created a separate but equivalent standard. At the federal level, couples were denied access to more than 1,100 federal rights and responsibilities associated with the institution, as well as those denied by their given state. The Defense of Marriage Act was signed into law in 1996 and defined marriage by the federal government as between a gentleman and woman, thereby allowing states to deny marriage equality.
New Century & VICE, CRIME, AND AMERICAN LAW
Marriage laws are not federal. Each state has always been free to determine its control laws concerning marriage. The first major legal case involving gay marriage occurred in Hawaii in 1993. At that time the Hawaii Supreme Court dominated that the declare could not prohibit same-sex marriages without providing a "compelling reason." Shortly after, courts in Alaska reached the equal conclusion. The legislatures of both states responded to the courts by pushing through amendments to their state constitutions which prohibited all gay marriages. Since then 37 states have enacted a ban on homosexual marriages in some form.
In addition, congress passed the "defense of marriage act" (DOMA) in 1996. DOMA sought to accomplish two things. First, DOMA prevents the federal government from identifying any gay marriage by defining marriage as between one man and one woman. This would allow that a gay couple could be married under state law but the federal government would not realize the existence of a marriage. Second, DOMA provides a shield allowing a state to resist to recognize a gay marriage from another state. Traditionally, if one is married in declare X, then declare Y w
VICE, CRIME, AND AMERICAN LAW
Marriage laws are not federal. Each state has always been free to determine its control laws concerning marriage. The first major legal case involving gay marriage occurred in Hawaii in 1993. At that time the Hawaii Supreme Court dominated that the declare could not prohibit same-sex marriages without providing a "compelling reason." Shortly after, courts in Alaska reached the equal conclusion. The legislatures of both states responded to the courts by pushing through amendments to their state constitutions which prohibited all gay marriages. Since then 37 states have enacted a ban on homosexual marriages in some form.
In addition, congress passed the "defense of marriage act" (DOMA) in 1996. DOMA sought to accomplish two things. First, DOMA prevents the federal government from identifying any gay marriage by defining marriage as between one man and one woman. This would allow that a gay couple could be married under state law but the federal government would not realize the existence of a marriage. Second, DOMA provides a shield allowing a state to resist to recognize a gay marriage from another state. Traditionally, if one is married in declare X, then declare Y w