Same-sex marriage law in the United States by territory

This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the possible exception of American Samoa and some Tribal Nations. Same-sex marriages are currently licensed and recognized in all U.S. states, District of Columbia, territories, excepting the aforementioned American Samoa and some [[Same-sex marriage in tribal nations in the United States|Native American tribal nation.

List of U.S. territories banning same-sex unions

  No statute banning same-sex unions

  Statute bans same-sex marriage

  Statute bans same-sex marriage and recognition of out of state same-sex marriages

  Statute bans same-sex marriage, civil union, domestic partnership, and other similar same-sex relationships

  Statute bans same-sex marriage, recognition of out of state same-sex marriages, and domestic unions that give the same or substantially equivalent legal effect of marriage

  Statute bans same-sex marriage, recognition of out of state same-sex marriages, contractual rights granted by virtue of the marriage, and any same-sex relationships

  Statute bans same-sex marriage, civil unions, statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes, and recognition of out of state same-sex marriages and civil unions or statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes

U.S. state constitutional amendments banning same-sex unions

  Constitutional amendment banned same-sex marriage, civil unions, and any marriage-like contract between unmarried persons

  Constitutional amendment banned same-sex marriage and civil unions

  Constitutional amendment banned same-sex marriage

  No state constitutional amendment banning legal recognition of same-sex unions

States

Federal districts

District of Columbia

Ban declared unconstitutional?	Legalized by state?
N/A	Yes

• District of Columbia Code – Title 46 Domestic Relations.

§ 46-401 Equal access to marriage.
(a) Marriage is the legally recognized union of 2 persons. Any person may enter into a marriage in the District of Columbia with another person, regardless of gender, unless the marriage is expressly prohibited by § 46- 401.01 or § 46-403.

(b) Where necessary to implement the rights and responsibilities relating to the marital relationship or familial relationships, gender-specific terms shall be construed to be gender neutral for all purposes throughout the law, whether in the context of statute, administrative or court rule, policy, common law, or any other source of civil law.

Unincorporated territories

American Samoa

Ban declared unconstitutional?	Legalized by state?
No	No

Guam

Ban declared unconstitutional?	Legalized by state?
Yes	Yes

• Guam Code – Title 19 Personal Relations.

Chapter 3: The contract of marriage
Marriage means the legal union between two persons without regard to gender.

Puerto Rico

Ban declared unconstitutional?	Legalized by state?
Yes	No

Texts:

• Puerto Rico Civil Code – Title 31 Civil Code – Subtitle 1 Persons – Part III Marriage – Chapter 29 Nature of Marriage

§ 221. Definition, validity, and dissolution of marriage. Marriage is a civil institution, originating in a civil contract whereby a man and a woman mutually agree to become husband and wife and to discharge toward each other the duties imposed by law. It is valid only when contracted and solemnized in accordance with the provisions of law, and it may be dissolved before the death of either spouse only in the cases expressly provided for in this title. Any marriage between persons of the same sex or transsexuals contracted in other jurisdictions shall not be valid or given juridical recognition in Puerto Rico.

Northern Mariana Islands

Ban declared unconstitutional?	Legalized by state?
Yes	Yes

U.S. Virgin Islands

Ban declared unconstitutional?	Legalized by state?
Yes	No

Texts:

• Virgin Islands Code – Title 16 V.I.C. (2013) Marriage

§ 31. Nature of marriage. Marriage is hereby declared to be a civil contract which may be entered into between a male and a female in accordance with law.

References