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Same-sex marriage law in the United States by territory

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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
Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

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.

States

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

Federal districts

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District of Columbia

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Main article: Same-sex marriage in the District of Columbia
Ban declared unconstitutional? Legalized by district?
— Yes

§ 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

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American Samoa

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Main article: Same-sex marriage in American Samoa
Ban declared unconstitutional? Legalized by state?
No No

Guam

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Main article: Same-sex marriage in Guam
Ban declared unconstitutional? Legalized by state?
Yes Yes

Chapter 3: The contract of marriage
Marriage means the legal union between two persons without regard to gender.

Puerto Rico

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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

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Main article: Same-sex marriage in the Northern Mariana Islands
Ban declared unconstitutional? Legalized by state?
Yes Yes

U.S. Virgin Islands

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Main article: Same-sex marriage in the U.S. Virgin Islands
Ban declared unconstitutional? Legalized by state?
Yes No

Texts:

§ 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

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

References

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