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 Native American tribal nations.

List of U.S. state and territorial statutes and codes, along with the Code of the District of Columbia, recognizing or prohibiting same-sex marriage, civil unions and domestic partnerships

  Statute recognizes same-sex marriage, civil unions and/or domestic partnerships

  Statute recognizes same-sex marriage and domestic partnerships

  Statute recognizes same-sex marriage

  Statute neither recognizes or prohibits same-sex marriage, civil unions and domestic partnerships

  Statute prohibits same-sex marriage (not enforceable)

  Statute prohibits same-sex marriage, civil unions and domestic partnerships (not enforceable)

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

Main article: Same-sex marriage law in the United States by state

Federal districts

District of Columbia

Main article: Same-sex marriage in the District of Columbia

Ban declared unconstitutional?	Legalized by district?
—	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

Main article: Same-sex marriage in American Samoa

Ban declared unconstitutional?	Legalized by state?
No	No

Guam

Main article: Same-sex marriage in 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

Main article: Same-sex marriage in 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

Main article: Same-sex marriage in the Northern Mariana Islands

Ban declared unconstitutional?	Legalized by state?
Yes	Yes

U.S. Virgin Islands

Main article: Same-sex marriage in the 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.

Tribal nations

Main article: Same-sex marriage under United States tribal jurisdictions