List of U.S. state laws on same-sex unions

State laws regarding same-sex unions similar to marriage in the United States1
  Domestic partnerships or civil unions granting state privileges of marriage2
  Same-sex unions granting limited/enumerated privileges
  No same-sex unions similar to marriage
---- 1Not recognized by the federal government. However, same-sex marriage is legal nationwide (excluding American Samoa and some Native American tribal jurisdictions) and is recognized by the federal government. Same-sex unions similar to marriage are provided at the local level in many jurisdictions.
2Domestic partnerships in Washington are only available when at least one of the partners is 62 years of age or older.

This article is intended as a resource for current legal status of same-sex unions. See same-sex marriage legislation in the United States, same-sex marriage law in the United States by state, same-sex unions in the United States, and domestic partnership in the United States for more detailed descriptions, outcomes, and history of individual cases.

Marriage summary

On June 26, 2015, the U.S. Supreme Court held, in Obergefell v. Hodges, that the Fourteenth Amendment requires states to offer same-sex marriage and recognize same-sex marriages performed elsewhere.[1]
The federal government has recognized all legally performed same-sex marriages since June 26, 2013 and the decision in United States v. Windsor.
All 50 U.S. states, 4 of 5 U.S. territories, and the District of Columbia are fully compliant with the Obergefell decision, but some counties in Alabama (10), Kentucky (2), and Texas (1) have either stopped issuing marriage licenses (10) or continue to refuse to issue marriage licenses to same-sex couples (3).

In American Samoa and some Native American tribal jurisdictions, same-sex marriages are currently not being licensed and recognized.


Jurisdiction listing

Below is the current status of the law in each of the 50 U.S. states, 5 U.S. territories, and the District of Columbia.

Note: American Samoa is outside of the U.S. Circuit Court of Appeals system and residents are "American nationals," not "American citizens," so it is not clear whether or not the Supreme Court precedent in Obergefell applies.

Jurisdiction Civil marriage for same-sex couples Other civil unions Notes
Gender restriction Marriage Civil Unions Domestic
Partnerships
Constitution Statute Licenses Recognition
Alabama No No Yes* Yes No No *10 of 67 counties have stopped issuing marriage licenses.
**Legislation is currently pending that may eliminate state issuance of marriage licenses replacing it with private marital contracts submitted to probate courts.
Alaska No No Yes Yes No No
American Samoa No No No No No No
Arizona No No Yes Yes No No
Arkansas No No Yes Yes No No
California No No Yes Yes No Yes
Colorado No No Yes Yes Yes No
Connecticut No No Yes Yes No No
Delaware No No Yes Yes No No
District of Columbia N/A No Yes Yes No Yes
Florida No No Yes Yes No No
Georgia No No Yes Yes No No
Guam N/A No Yes Yes No No
Hawaii No No Yes Yes Yes No
Idaho No No Yes Yes No No
Illinois No No Yes Yes Yes No
Indiana No No Yes Yes No No
Iowa No No Yes Yes No No
Kansas No No Yes Yes No No
Kentucky No No Yes* Yes No No *Casey County and Whitley County continue to refuse marriage licenses to same-sex couples.
**The Governor of Kentucky has, by executive order, changed marriage licenses to allow county clerks not to sign or endorse them and instead requires notarization for validity.
Louisiana No No Yes Yes No No
Maine No No Yes Yes No Ltd
Maryland No No Yes Yes No Ltd
Massachusetts No No Yes Yes No No
Michigan No No Yes Yes No No
Minnesota No No Yes Yes No No
Mississippi No No Yes Yes No No
Missouri No No Yes Yes No No
Montana No No Yes Yes No No
Nebraska No No Yes Yes No No
Nevada No No Yes Yes No Yes
New Hampshire No No Yes Yes No No
New Jersey No No Yes Yes Yes Ltd
New Mexico No No Yes Yes No No
New York No No Yes Yes No No
North Carolina No No Yes Yes No No
North Dakota No No Yes Yes No No
Northern Mariana Islands No No Yes Yes No No
Ohio No No Yes Yes No No
Oklahoma No No Yes Yes No No
Oregon No No Yes Yes No Yes
Pennsylvania No No Yes Yes No No
Puerto Rico No No Yes Yes No No
Rhode Island No No Yes Yes No No
South Carolina No No Yes Yes No No
South Dakota No No Yes Yes No No
Tennessee No No Yes Yes No No
Texas No No Yes* Yes No No *Irion County continues to refuse marriage licenses to same-sex couples.
U.S. Virgin Islands N/A No Yes Yes No No
Utah No No Yes Yes No No
Vermont No No Yes Yes No No
Virginia No No Yes Yes No No
Washington No No Yes Yes No Ltd
West Virginia No No Yes Yes No No
Wisconsin No No Yes Yes No Ltd
Wyoming No No Yes Yes No No
Jurisdiction Civil marriage for same-sex couples Other civil unions Notes
Gender restriction Marriage Civil Unions Domestic
Partnerships
Constitution Statute Licenses Recognition

Jurisdiction status by federal circuit

Note: American Samoa is outside of the U.S. Circuit Court of Appeals system; appeals from High Court of American Samoa can only be heard by the U.S. Supreme Court.

Federal circuit Civil marriage for same-sex couples Notes
Banned Ban overturned,
but order stayed
Unrecognized contrary to
Obergefell
Legal and recognized

First
Maine
Massachusetts
New Hampshire
Puerto Rico
Rhode Island

Second
Connecticut
New York
Vermont

Third
Delaware
New Jersey
Pennsylvania
U.S. Virgin Islands

Fourth
Maryland
North Carolina
South Carolina
Virginia
West Virginia

Fifth
Louisiana
Mississippi
Texas

Sixth
Kentucky
Michigan
Ohio
Tennessee
Seventh Illinois
Indiana
Wisconsin

Eighth
Arkansas
Iowa
Minnesota
Missouri
Nebraska
North Dakota
South Dakota

Ninth
Alaska
Arizona
California
Guam
Hawaii
Idaho
Montana
Nevada
Northern Mariana Islands
Oregon
Washington

Tenth
Colorado
Kansas
New Mexico
Oklahoma
Utah
Wyoming

Eleventh
Alabama
Florida
Georgia

District of Columbia
District of Columbia
Federal circuit Civil marriage for same-sex couples Notes
Banned Ban overturned,
but order stayed
Unrecognized contrary to
Obergefell
Legal and recognized

See also

In general

In the United States

References

  1. "Landmark Ruling Takes Same-Sex Marriage Nationwide - dailybusinessreview.com". Daily Business Review. June 26, 2015. Retrieved June 26, 2015.
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