Same-sex marriage in the United States

Same-sex marriage in the United States
Country	United States
Status	Legal nationwide since 2015
Date	June 26, 2015
Legislation	Obergefell v. Hodges
Recognition	All states and territories

Same-sex marriage in the United States is the legal union of two individuals of the same sex, recognized nationwide following a landmark 2015 Supreme Court decision. The issue evolved from a subject of intense political and legal debate to a constitutionally protected right over several decades. The legalization process involved numerous state-level battles, federal legislation, and pivotal rulings by the Supreme Court of the United States.

History

The modern movement for legal recognition began in the 1970s, with early cases like Baker v. Nelson in Minnesota being dismissed by the Supreme Court of the United States. A significant turning point occurred in 1993 when the Hawaii Supreme Court ruled in Baehr v. Lewin that the state must show a compelling interest to deny marriage licenses to same-sex couples, prompting a national backlash. This led to the federal Defense of Marriage Act in 1996, signed by President Bill Clinton, which defined marriage for federal purposes as between one man and one woman. The first state to legalize same-sex marriage through judicial action was Massachusetts in 2004 following Goodridge v. Department of Public Health. Over the next decade, a patchwork of legalization occurred through state legislatures, court rulings, and ballot initiatives, with notable victories in California (despite the passage of Proposition 8), Iowa, and New York.

Legal status

The nationwide legal status was established by the Supreme Court's 5–4 decision in Obergefell v. Hodges on June 26, 2015. The ruling, authored by Justice Anthony Kennedy, held that the Fourteenth Amendment requires all states to grant marriage licenses to same-sex couples and to recognize such marriages performed in other jurisdictions. This decision invalidated all remaining state bans. Subsequently, the Respect for Marriage Act, signed by President Joe Biden in 2022, repealed the Defense of Marriage Act and requires all states to recognize valid out-of-state marriages, providing an additional statutory safeguard. Legal matters such as adoption rights, tax filing, and spousal benefits are now uniformly applied.

Public opinion

Public opinion has shifted dramatically since the 1990s. In 1996, only 27% of Americans supported same-sex marriage according to Gallup polling. Support grew steadily, crossing the 50% threshold around 2011. Following the Obergefell v. Hodges ruling, support continued to climb, reaching over 70% by the early 2020s. Major polling organizations like the Pew Research Center and CNN have consistently shown majority support across all regions, with higher levels among younger generations, Democrats, and those with higher levels of education. This shift is considered one of the most rapid changes in public attitude on a major social issue in American history.

Religious and cultural views

Views vary significantly among religious denominations. Liberal Protestant groups like the Episcopal Church, the Evangelical Lutheran Church in America, and the United Church of Christ perform and support same-sex marriages. Conversely, the Catholic Church, the Southern Baptist Convention, and the Church of Jesus Christ of Latter-day Saints officially oppose it. Many Reform and Conservative Jewish congregations are supportive. The debate has influenced broader cultural discussions on religious liberty, leading to high-profile cases like Masterpiece Cakeshop v. Colorado Civil Rights Commission involving business owners citing religious objections.

Economic and social impact

Legalization has conferred numerous federal and state benefits previously denied, including access to a spouse's Social Security benefits, veterans' benefits, family leave under the Family and Medical Leave Act of 1993, and joint tax filing. The Williams Institute at the UCLA School of Law has published studies estimating that same-sex weddings have generated billions of dollars in revenue for local economies. Socially, research from institutions like the American Psychological Association indicates that marriage recognition contributes to improved mental health outcomes and greater social integration for LGBT individuals and their families.

Notable court cases

Key litigation paved the path to nationwide legalization. United States v. Windsor (2013) struck down the federal definition in the Defense of Marriage Act, granting federal recognition to legally married same-sex couples. Hollingsworth v. Perry (2013) effectively allowed same-sex marriages to resume in California by upholding a district court's invalidation of Proposition 8. The aforementioned Obergefell v. Hodges (2015) is the definitive ruling. More recent cases, such as Pavan v. Smith (2017) and various challenges to religious refusal laws, have clarified and enforced the scope of the Obergefell decision.

Category:Same-sex marriage in the United States Category:LGBT rights in the United States Category:2015 in American law