Is Same-Sex Marriage Legal in All States? Understanding Your Rights

Same-sex marriage has been one of the most significant civil rights issues of the 21st Century. In 2015, the U.S. Supreme Court issued a landmark ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide.

Yet many couples continue to wonder: Is same-sex marriage legal in all states? Are there states where laws might still create obstacles?

At Neptune, we work with couples who want clarity, both emotionally and legally, as they plan their lives together. That often includes questions about marriage rights, financial planning, and how prenups fit into modern relationships, including in same-sex marriages.

In this guide, we’ll clear up misconceptions about marriage equality, explain current U.S. law for same-sex couples, and explore what it means for couples today.

The Landmark Ruling That Changed Same-Sex Marriages

Before Obergefell, marriage equality varied widely. Some states allowed same-sex marriage, others banned it outright, and many were embroiled in ongoing litigation.

Couples faced uncertainty: Could they marry in their home state? And if they did, would their marriage be recognized if they moved to another state?

On June 26, 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marry under the Fourteenth Amendment. The significance of the decision has been that:

• This ruling struck down state bans and required all states to issue marriage licenses to same-sex couples.
• From that moment, same-sex marriage became legal in all 50 states and territories, ensuring equality for millions of couples.

Is Same-Sex Marriage Legal in All States Today?

The short answer is yes. Same-sex marriage, including gay marriage, is legal everywhere in the United States. Federal law ensures these marriages carry the same legal weight as heterosexual marriages.

However, some confusion persists for a few reasons:

• Outdated state laws (“zombie bans”): Many states, particularly in the South and Midwest, still have constitutional amendments or statutes on record banning same-sex marriage. These laws were rendered unenforceable by Obergefell, but they have never been formally repealed.
• Recent political debates: The Supreme Court’s 2022 ruling in Dobbs v. Jackson (which overturned Roe v. Wade) sparked concerns about whether other landmark decisions, including marriage equality, could be reconsidered. While no current case challenges marriage equality directly, conversations about potential changes have fueled public uncertainty.

What Happens If Obergefell Is Overturned?

There’s no indication that Obergefell will be overturned soon. However, if it were, the legal landscape could change dramatically. Here’s why:

• Some states would stop issuing marriage licenses to same-sex couples: Many states with old bans on their books could quickly reinstate them. For example, if you live in Texas and Obergefell were overturned, the state could refuse to issue marriage licenses to same-sex couples.
• Recognition of existing marriages could be uncertain: It’s not clear whether states could or would dissolve existing same-sex marriages, but there is concern they might attempt to limit recognition or benefits.
• Interstate marriages would be protected under federal law: In 2022, Congress passed the Respect for Marriage Act, requiring all states to recognize marriages performed in other states, even if their own laws prohibit them. This means, for example, if you live in Texas but marry in Massachusetts, Texas must still acknowledge that marriage as legal.

Same-Sex Marriage Rights Beyond the Wedding

Legalizing same-sex marriage didn’t just allow weddings. It ensured equal access to essential legal rights and benefits. Those include:

• Tax and financial benefits: Joint filing, spousal Social Security benefits, and family health insurance coverage.
• Parental rights: Simplified adoption processes and automatic parental recognition in many states.
• Healthcare and end-of-life decisions: Spousal medical decision-making rights and hospital visitation.
• Property and inheritance rights: Automatic inheritance and stronger estate planning options.

Some barriers remain (e.g., certain private or religious institutions refusing to perform same-sex weddings). But legally, same-sex marriages are valid and enforceable in every state.

So, What Does This Mean for Same-Sex Couples?

For same-sex couples, you can marry in your home state or any other state, and your marriage must be recognized nationwide.

That stability also means couples can focus on building their lives together, such as buying property, starting families, or planning for the future.

At Neptune, we work with all couples. We welcome people of all gender and orientations. What matters most to us is helping couples find clarity and confidence in their legal and financial lives together. Marriage is a celebration, but also a partnership rooted in trust and thoughtful planning.

This is where prenups can play an important role. Neptune sees prenups not as a sign of mistrust, but as a tool for transparency and collaboration.

They allow couples to define their financial life together, clarify expectations, and support each other through life changes.

For same-sex couples who may have faced unique financial and legal challenges in the past, prenups can provide an added layer of confidence and security as they build their future together.

Whether you’re newly engaged or already married, Neptune is here to guide you through your financial planning, helping you focus on building the future you want. In fact, 95% of couples report feeling more confident, respected, and prepared after using Neptune.

Start the conversation with Neptune today.