How many states can gay people get married in
MAP Report: The National Patchwork of Marriage Laws Underneath Obergefell
Rebecca Farmer, Movement Advancement Project
rebecca@lgbtmap.org | 303-578-4600 ext 122
As the Respect for Marriage Act moves through Congress, MAP’s March 2022 report on the landscape of varying state marriage laws around the country is a resource. MAP researchers are available to respond questions and our infographics are ready for use.
MAP’s report, Underneath Obergefell, explores the patchwork of marriage laws around the country. The describe highlights the evidence that a majority of states still have existing laws on the books that would prohibit marriage for gay couples – even though those laws are currently unenforceable under the U.S. Supreme Court verdict in Obergefell.
If the U.S. Supreme Court were to revisit the Obergefell judgment, the ability of same-sex couples to marry could again fall to the states, where a majority of states still have in place both bans in the rule and in articulate constitutions.
The policy landscape for express marriage laws can be broken into four major categ
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 activity marks a major hurdle for the legislation, which President Biden has said he will indicate into law pending a vote in the House of Representatives.
Leonore F. Carpenter, a Rutgers Statute 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 execute to protect gay marriage?
The Act does a few crucial things.
First, it repeals the federal Defense of Marriage Operate. That law was passed in 1996, and it prohibited the federal government from recognizing lgbtq+ marriages that had been validly entered into under a state’s law. It also gave the green light to states to resist to recognize lgbtq+ marriages from other states.
Next, it prohibits states from refusing to acknowledge same-sex marriages that are validly entered into in a different state. It’s also impo
Number of Married Same-Sex Couples
Two years ago, on June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the Constitution guarantees lgbtq+ couples the right to marry and to hold their marriages recognized by the states. And four years ago, on June 26, 2013, the Court ruled in United States v. Windsor that the federal government must notice marriages between same-sex couples. This research brief shows:
- As of June 2017, nearly 1.1 million LGBT people in the United States are married to someone of the same sex, implying that more than 547,000 same-sex couples are married nationwide.
- Since Obergefell, at least 157,000 same-sex couples married.
- Since Windsor, at least 317,000 same-sex couples married.
New data from the Gallup Daily Tracking Survey—a nationally-representative survey that includes a measure of LGBT identity—indicate that 4.3% of adults in the United States identify as LGBT. Numbers from the U.S. Census Bureau indicate that there are more than 249 million U.S. adults. Applying the LGBT percentage from Gallup to the Census population data indicates that more than 10.7 million adults in the Merged States identify as
LGBT. The Gallup data in
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 allow 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.
Marriage & Relationship Recognition Laws
States with the freedom to marry carry out not ban same-sex couples from entering into legal marriages. Some states also offer comprehensive relationship recognition, such as domestic partnerships or civil unions, to same- and different-sex couples. However, most states still have constitutional amendments, statutes, or both banning marriage for same-sex couples, even after the 2015 Supreme Court case Obergefell extended marriage equality nationwide. For more on the current status of state marriage laws, see MAP's 2022 report: Underneath Obergefell: A National Patchwork of Marriage Laws.
Marriage equality for same-sex couples(50 states , 5 territories + D.C.)
Comprehensive civil union or local partnership law (9 states + D.C.)
State has targeted religious exemption rule (see note)
Citations & More Information
Movement Advancement Project. "Equality Maps: Marriage & Relationship Recognition Laws."https://www.lgbtmap.org/equality-maps/marriage_relationship_laws. Accessed 08/01/2025.
NOTE: Kansas permits faith-based organ