Same-sex marriage in the United States in the context of "Fundamental rights in the United States"

In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. Since the 1940s, the term "states' rights" has often been considered a loaded term, a euphemism, or a dog whistle because of its use in opposition to federally-mandated racial desegregation and, more recently, same-sex marriage and reproductive rights.

Richard Allen Posner (/ˈpoʊznər/; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicago Law School, Posner was identified in The Journal of Legal Studies as the most-cited legal scholar of the 20th century. As of 2021, he is also the most-cited American legal scholar of all time. He is widely considered to be one of the most influential legal scholars in the United States.

Posner is known for his scholarly range and for writing on topics outside of law. In his various writings and books, he has addressed animal rights, feminism, drug prohibition, same-sex marriage, Keynesian economics, law and literature, and academic moral philosophy, among other subjects.

Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the United States Supreme Court that ruled that the laws banning interracial marriage violate the Equal Protection and Due Process clauses of the Fourteenth Amendment to the U.S. Constitution. Beginning in 2013, the decision was cited as precedent in U.S. federal court decisions ruling that restrictions on same-sex marriage in the United States were unconstitutional, including in the Supreme Court decision Obergefell v. Hodges (2015).

The case involved Richard Loving, a white man, and his wife Mildred Loving, a woman of color. In 1959, the Lovings were convicted of violating Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored". Caroline County circuit court judge Leon M. Bazile sentenced them to prison but suspended the sentence on the condition that they leave Virginia and not return. The Lovings filed a motion to vacate their convictions on the ground that the Racial Integrity Act was unconstitutional, but Bazile denied it. After unsuccessfully appealing to the Supreme Court of Virginia, the Lovings appealed to the U.S. Supreme Court, which agreed to hear their case.

Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), is a landmark decision of the United States Supreme Court which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas under U.S. sovereignty to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.

Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases that culminated in Obergefell v. Hodges. After all district courts ruled for the plaintiffs, the rulings were appealed to the Sixth Circuit. In November 2014, following a series of appeals court rulings that year from the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by Baker v. Nelson and found such bans to be constitutional. This created a split between circuits and led to a Supreme Court review. Decided on June 26, 2015, Obergefell overturned Baker and requires states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions. This established same-sex marriage throughout the United States and its territories. In a majority opinion authored by Justice Anthony Kennedy, the Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and the evolving understanding of discrimination and inequality that has developed greatly since Baker.

According to the United States Government Accountability Office (GAO), there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges. These rights were a key issue in the debate over federal recognition of same-sex marriage. Under the 1996 Defense of Marriage Act (DOMA), the federal government was prohibited from recognizing same-sex couples who were lawfully married under the laws of their state. The conflict between this definition and the Due Process Clause of the Fifth Amendment to the Constitution led the U.S. Supreme Court to rule DOMA unconstitutional on June 26, 2013, in the case of United States v. Windsor. DOMA was finally repealed and replaced by the Respect for Marriage Act on December 13, 2022, which retains the same statutory provisions as DOMA and extends them to interracial and same-sex married couples.

Prior to the enactment of DOMA, the GAO identified 1,049 federal statutory provisions in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor. An update was published in 2004 by the GAO covering the period between September 21, 1996 (when DOMA was signed into law), and December 31, 2003. The update identified 120 new statutory provisions involving marital status, and 31 statutory provisions involving marital status repealed or amended in such a way as to eliminate marital status as a factor.

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 exception of American Samoa and sovereign tribal nations.

There are 26 states which have constitutions including bans on same-sex marriage or other types of unions, and 30 states have statutes that ban same-sex marriage or other types of unions although these are all defunct under the Obergefell ruling. In November 2020, Nevada became the first state to repeal its constitutional ban on same-sex marriage following Obergefell.

Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.

Public opinion of same-sex marriage in the United States has significantly changed since the 1990s, and the overwhelming majority of Americans now favor same-sex marriage.

From 1988 to 2009, support for recognized same-sex marriage increased between 1% and 1.5% per year, and accelerated thereafter, rising above 50% in Pew Research Center polling for the first time in 2011. A 2022 Public Religion Research Institute poll found that a majority of people in every state support same-sex marriage except in Mississippi, where there is plurality support. The same poll updated in 2024 found majority public support in every state.

The Southern Baptist Convention (SBC), alternatively the Great Commission Baptists (GCB), is a Christian denomination based in the United States. It is the world's largest Baptist organization, the largest Protestant, and the second-largest Christian body in the United States. The SBC is a cooperation of fully autonomous, independent churches with commonly held essential beliefs that pool some resources for missions.

Churches affiliated with the denomination are evangelical in doctrine and practice, emphasizing the significance of the individual conversion experience. This conversion is then affirmed by the person being completely immersed in water for a believer's baptism. Baptism is believed to be separate from salvation and is a public and symbolic expression of faith, burial of previous life, and resurrection to new life; it is not a requirement for salvation. The denomination has a male pastorate, often citing 1 Timothy 2:12 as the reason it does not ordain women. All affiliated churches deny the legitimacy of same-sex marriage, saying that marriage can only be between a man and a woman, and also that all sexual relations should occur only within the confines of marriage. Other specific beliefs based on biblical interpretation vary by congregational polity, often to balance local church autonomy.