In a 5-4 decision, the U.S. Supreme Court legalized same-sex marriage in all 50 states on June 26, 2015. Not everyone was happy, however. As Roe v. Wade was overturned in 2022, fears were that the case that led to the legalization of gay marriage would be next. Obergefell v. Hodges involved a couple who were legally married in Maryland, but Obergefell’s husband died from cancer in Ohio, and the state refused to accept their marriage as legal. If Obergefell v. Hodges were overturned like Roe v. Wade, it would end the legalization of gay marriage.
As a result, steps were taken to protect same-sex and biracial marriages when President Joe Biden signed the Respect for Marriage Act into law on Dec. 13, 2022. Many states enacted laws much earlier than this. When was gay marriage legalized in the U.S. and around the world? The Netherlands was the first country to legalize same-sex marriages in 2001. Since then, 30 additional countries have legalized gay marriage.
Despite the U.S. Supreme Court decision and Biden’s Respect for Marriage law, not every state agrees. These states follow federal law, but attempts to pass state-level laws have failed. This article has information on the states that have and haven’t legalized gay marriage on a state level. As Biden secured the right to marriage for biracial and same-sex couples, he became one of several presidents that baby boomers hold in esteem. Discover the 15 most popular Democrats among baby boomers.
Alabama
Are Same-Sex Marriages Legal on a State Level? Yes, but not easily. Alabama opted to switch from a marriage license to a marriage certificate. They’re issued after the marriage and not before. Counties can opt out of a same-sex marriage certificate request if desired.
Year They Passed: 2019
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Alaska
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Arizona
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian or be an emancipated minor, in which case it’s 16. In underage marriages, the spouse cannot be more than three years older.
Arkansas
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 17.
California
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: Originally, they passed in 2008, but that was struck down and Proposition 8 passed, which created a constitutional ban on same-sex marriages. Despite this, gay marriages were legalized in 2015. The vote to remove Prop 8 takes place in November 2024.
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian. There is no minimum age with a parent’s or legal guardian’s consent, but legislation was introduced in 2024 to ban child marriages.
Colorado
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16. Emancipated minors must be 16 and a half or older. A court order is required for marriages of people younger than 16.
Connecticut
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2008
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Delaware
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2013
Age Requirements: Both parties must be 18 or older.
Florida
Are Same-Sex Marriages Legal on a State Level? Yes, following a court case. Legislation (HB 219) to remove past prohibitions on the recognition of same-sex marriages died in Florida’s Senate in 2023.
Year They Passed: 2015
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16. A premarital course is required for 16- and 17-year-olds before the marriage.
Georgia
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you are emancipated, in which case it’s 17. The older spouse in an underage marriage cannot be more than four years older. A county judge can grant permission to those younger than 18 if the teens are expecting a child.
Hawaii
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2013
Age Requirements: You must be 18 or older unless you have consent from both parents or legal guardians, in which case it’s 16. With a judge’s approval, marriages are allowed at 15.
Idaho
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16, but the couple cannot be more than three years different in age.
Illinois
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Indiana
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 17. A court order is required for 16-year-olds.
Iowa
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2009
Age Requirements: You must be 18 or older. A court order is required for teens aged 16 or 17.
Kansas
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A. An act set to add same-sex language to the current marriage statute was defeated in 2024.
Age Requirements: You must be 18 or older. Teens aged 16 or 17 need consent from a parent, legal guardian, or judge if both parents are deceased.
Kentucky
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Louisiana
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16. An underaged couple cannot be more than three years different in age.
Maine
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2012
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian and a judge, in which case it’s 16.
Maryland
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2013
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 17.
Massachusetts
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2004
Age Requirements: You must be 18 or older.
Michigan
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older.
Minnesota
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2013
Age Requirements: You must be 18 or older.
Mississippi
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 21 or older unless you have consent from a parent or legal guardian, in which case it’s 15 for females and 17 for males.
Missouri
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older. Marriages of people under the age of 18 were banned effective Aug. 28, 2024.
Montana
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16 for females or 18 for males.
Nebraska
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 19 or older unless you have consent from a parent or legal guardian, in which case it’s 17.
Nevada
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 17.
New Hampshire
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2010
Age Requirements: You must be 18 or older.
New Jersey
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2013
Age Requirements: You must be 18 or older.
New Mexico
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2013
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
New York
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2011
Age Requirements: You must be 18 or older.
North Carolina
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16. If a female as young as 14 is pregnant or gives birth, a court order can allow her to marry.
North Dakota
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Ohio
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have approval from the juvenile court, in which case it’s 17.
Oklahoma
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Oregon
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 17. If the 17-year-old is a resident of that county in Oregon for at least six months and the parents are not, marriage is also legal.
Pennsylvania
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older.
Rhode Island
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2013
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
South Carolina
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
South Dakota
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Tennessee
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 17. The couple cannot be more than four years apart in age.
Texas
Are Same-Sex Marriages Legal on a State Level? No, federal law is followed.
Year They Passed: N/A
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16. A court order is required for people under the age of 16.
Utah
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Vermont
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2009, but “civil unions” were legalized in 2000 allowing same-sex couples to marry.
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Virginia
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you are emancipated and have a court order.
Washington
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2012
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 17.
West Virginia
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older.
Wisconsin
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16.
Wyoming
Are Same-Sex Marriages Legal on a State Level? Yes
Year They Passed: 2014
Age Requirements: You must be 18 or older unless you have consent from a parent or legal guardian, in which case it’s 16. (Now that you know when gay marriage was legalized in every state, learn more about differences in laws between states. Read how minimum wages vary across the 50 states.)