Current states that allow gay marriage

Hodgesa landmark decision by the US Supreme Court legalized same-sex marriage in all 50 states. Mar 15, marriageRelationships. Here are the 19 states where same-sex couples could still get married if Obergefell is overturned.

Wadewhich ended the ban on abortion. InCalifornia and Connecticut both legalized same-sex marriage, followed by Iowa, Vermont, and New Hampshire. Specifically, they explained that the Constitution guarantees certain fundamental freedoms, like the right to marry, under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

The Obergefell case majority opinion states that laws preventing same-sex marriage are unconstitutional. Some of the historical precedents referenced by the court to support their decision included:. The court sided with the 14 same-sex couples and changed US history forever!

However, Obergefell also relied on equal protection under the law, which Roe v. They lived in states Michigan, Kentucky, Ohio, and Tennessee where the law at the time said that marriage could only be between a man and a woman.

The good news is that, luckily, many states created their own state laws to allow same-sex marriage, so in those states, gay marriage would continue to be legal. The facts of the case involved 14 same-sex couples and two men whose same-sex partners had passed away.

While marriage equality is the law of the land thanks to landmark legal decisions and federal legislation, same-sex couples still navigate a patchwork of state laws, religious exemptions, and local implementation that can make the marriage process less.

Well, good news and bad news. We discuss this dilemma and address some FAQs below. The good news is that, luckily, many states created their own state laws to allow same-sex marriage, so in those states, gay marriage would continue to be legal.

However, the bad news is that in states that still have dormant state-level same-sex marriage bans, same-sex marriage would become illegal in those states again. The scarier news is that Roe v. Wade was also overturned on a 14th Amendment analysis and remember, Obergefell was also decided on an analysis of the 14th Amendment.

But if you're asking this question, you probably know that the full story is more nuanced.

Same sex marriage law

InObergefell v. Following this, opponents of same-sex marriage began tightening marriage restrictions, with several states approving state constitutional amendments specifically defining marriage as the union of one man and one woman. A post shared by Prenuptial Agreements helloprenup.

However, the journey towards full recognition and acceptance of same-sex unions on a state-level is still going on. Wade did not. The justices explained that the Constitution protects the right to marry for everyone, including same-sex couples.

The Obergefell case was decided in The case that brought the question up to the US Supreme Court was regarding the legality of same-sex marriage. Same-sex marriage law in the United States by state 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 and civil unions and/or domestic partnerships.

Even though states are prohibited from banning gay marriage thanks to Obergefellif it is ever overturned, their inactive anti-gay laws will spring back into effect. Yes, same-sex marriage is legal in all 50 states. So, it may get some people thinking, what happens if Obergefell is also overturned?