Malcolm Rivera
The topic of gay marriage has been a contentious issue in the United States, with various state constitutional amendments banning legal recognition of same-sex unions. However, in 2015, the Supreme Court's decision in Obergefell v. Hodges ruled that the Fourteenth Amendment protects the fundamental right of same-sex couples to marry and that states must allow and recognize these marriages. This decision invalidated state constitutional amendments banning gay marriage and affirmed the equal rights and due process of LGBTQ Americans. While some religious groups may disagree with gay marriage, civil marriage is a separate legal institution that grants legal rights and obligations to couples. The First Amendment protects the right of religious groups to define marriage according to their beliefs, while the Fourteenth Amendment ensures that gay, transgender, and lesbian couples have the same rights as heterosexual couples to marry.
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What You'll Learn
The Fourteenth Amendment
In Obergefell v. Hodges, the Supreme Court ruled that state laws banning same-sex marriage violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment, rendering such laws unconstitutional. The ruling established that the fundamental right to marry is guaranteed to same-sex couples by the Fourteenth Amendment, requiring all states to perform and recognize same-sex marriages on equal terms as opposite-sex marriages.
Prior to the Obergefell decision, same-sex marriage had been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam. However, several U.S. states had also passed constitutional amendments banning the legal recognition of same-sex unions, referred to as "defense of marriage amendments" or "marriage protection amendments." These amendments aimed to define marriage as exclusively between a man and a woman, denying same-sex couples the right to marry and overriding existing local and state-level protections for gay and lesbian couples.
The Supreme Court's ruling in Obergefell v. Hodges invalidated these state constitutional amendments, ensuring marriage equality across the United States. The Court affirmed that the Fourteenth Amendment's Due Process Clause extends to personal choices central to individual dignity and autonomy, including the fundamental right to marry. This ruling was a significant milestone in the evolution of Americans' attitudes toward the rights of gays and lesbians, striking down discrimination and protecting the liberty of individuals to define and express their identity.
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Supreme Court ruling
The issue of same-sex marriage has been a contentious topic in the United States, with various state constitutional amendments banning legal recognition of same-sex unions. However, the Supreme Court has played a pivotal role in protecting the rights of gay, lesbian, and transgender couples to marry.
In the landmark case of Obergefell v. Hodges in 2015, the Supreme Court ruled that the Fourteenth Amendment guarantees a fundamental right for same-sex couples to marry and that states must allow and recognize these marriages. This decision invalidated state constitutional amendments banning same-sex marriage, holding that they violated the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The ruling was a significant victory for LGBTQ+ rights, ensuring that same-sex couples have the same legal rights and protections as heterosexual couples.
Prior to the Obergefell decision, the Supreme Court had also taken up the case of United States v. Windsor in 2013, which addressed the constitutionality of Section 3 of the Defense of Marriage Act (DOMA). The Court ruled that this section, which defined marriage as a union between a man and a woman for federal purposes, was unconstitutional as it deprived gay Americans of equal liberty and violated due process. This ruling set an important precedent and paved the way for further legal challenges to state bans on same-sex marriage.
The Supreme Court's rulings on same-sex marriage have been instrumental in ensuring equal rights and protections for LGBTQ+ individuals and couples across the United States. These decisions have invalidated discriminatory state laws and affirmed the fundamental right to marry regardless of sexual orientation. While there have been efforts to propose a Federal Marriage Amendment that would ban same-sex marriage nationwide, these proposals have not come to fruition, and the Supreme Court's rulings stand as a testament to the nation's evolving attitudes towards LGBTQ+ rights.
It is worth noting that the Supreme Court's rulings on same-sex marriage have not eradicated all forms of discrimination faced by LGBTQ+ individuals and couples. Social and religious conservatives continue to oppose same-sex marriage, and there may be ongoing legal challenges and social debates surrounding this issue. Nonetheless, the Supreme Court's decisions have played a pivotal role in advancing LGBTQ+ rights and ensuring that same-sex couples are afforded the same legal protections and recognition as heterosexual couples under the law.
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State-level bans
In the United States, same-sex marriage has been legal in all 50 states since 2015, following the Supreme Court's ruling in Obergefell v. Hodges. This decision invalidated state-level bans on same-sex marriage, deeming them unconstitutional. Prior to this ruling, 31 states had passed constitutional amendments banning the legal recognition of same-sex unions. These amendments varied in scope, with some prohibiting only same-sex marriage, while others also banned civil unions or other types of contracts.
Hawaii's amendment, for example, did not directly ban same-sex marriage but authorised the state legislature to enact such a ban, which it did in 1998. Similarly, Virginia's amendment prevented the state from recognising private contracts that "approximate" marriage, impacting not just same-sex marriages but also civil unions and domestic partnerships. On the other hand, sixteen states had amendments that made both same-sex marriage and civil unions unconstitutional, and two states had amendments that went even further, making same-sex marriage, civil unions, and other contracts unconstitutional.
Despite the nationwide legalisation of same-sex marriage, some states have been slow to update their laws. For instance, in 2025, Colorado deleted its same-sex marriage ban from the state constitution, replacing it with a gender-neutral definition of marriage. Similarly, Nevada became the first state to repeal its amendment banning same-sex marriage in 2020, and Virginia repealed its statutory ban in the same year. These repeals were often driven by shifts in political control, such as when Democrats took over the Virginia state government in 2020.
While same-sex marriage is currently protected at the federal level, some advocates worry that these gains could be reversed if the Supreme Court overturns the Obergefell ruling. At least 35 states ban same-sex marriage in their constitutions or state laws, and these prohibitions would resurface if the Court decides that same-sex marriage is not a constitutionally protected right. This concern is heightened by the Court's recent decision to overturn Roe v. Wade, which established a constitutional right to abortion.
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Federal Marriage Amendment
The Federal Marriage Amendment (FMA), also referred to as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that sought to legally define marriage as a union between one man and one woman. The FMA aimed to prevent the judicial extension of marriage rights to same-sex couples and deny them the right to marry. Introduced multiple times in Congress between 2002 and 2015, it failed to pass in the House of Representatives in 2006, falling short of the required votes.
The FMA's text stated: "Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the Constitution of any State, nor State or Federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups." This would have overridden any existing local and state-level protections and benefits for gay and lesbian couples, such as hospital visitation rights, inheritance rights, and health insurance.
Supporters of the FMA viewed it as a defence of traditional marriage and an assertion of states' rights to define marriage. However, critics argued that it would write discrimination into the Constitution and remove legal protections for committed, long-term unmarried couples. The FMA's failure in Congress reflected evolving American attitudes towards the rights of gays and lesbians, with polling data indicating opposition to discrimination against these groups.
While the FMA did not succeed, several U.S. states had passed constitutional amendments banning legal recognition of same-sex unions before the Supreme Court's 2015 ruling in Obergefell v. Hodges. This ruling invalidated all remaining state bans on same-sex marriage, affirming the right of same-sex couples to marry nationwide.
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Civil marriage vs. religious marriage
The topic of same-sex marriage in the United States has been a contentious issue, with several US state constitutional amendments banning legal recognition of same-sex unions. However, in 2015, the US Supreme Court ruled that state laws banning same-sex marriage violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment, rendering such laws unconstitutional. This ruling invalidated the remaining state-level bans on same-sex marriage.
Now, regarding civil marriage versus religious marriage, it's important to understand the key differences between these two types of ceremonies and how they relate to the topic at hand. Civil marriage and religious marriage differ in their underlying nature and the authorities that sanction them.
Civil marriage is a legal institution regulated by the government. It grants numerous legal rights and obligations to the married couple. A civil ceremony is devoid of any religious or spiritual elements. It is a legal wedding ceremony that does not include traditional religious aspects such as prayer, scripture readings, or a religious officiant. Couples may choose a civil ceremony to have more control over the ceremony's format and venue, as many religions have specific traditions and restrictions. The venue for a civil marriage can be anywhere that allows weddings, including non-traditional locations like beaches, forests, or farms. The key aspect of a civil marriage is that it is recognized by the state as a legal union.
On the other hand, a religious marriage ceremony is about being wed in the eyes of a deity and is steeped in the traditions and customs of the particular faith. Religious ceremonies are usually held in houses of worship, such as churches, synagogues, or mosques, and are officiated by religious officials like priests, rabbis, or ministers. The religious nature of these venues and the associated rules and conventions can influence various aspects of the ceremony, from the format to the attire. While some faiths allow for flexibility in certain elements, such as music or editing of vows, religious ceremonies are generally bound by the traditions and beliefs of the specific religion.
It's worth noting that the choice between a civil or religious marriage is an incredibly personal one, and couples may opt for either based on their beliefs, preferences, and circumstances. Some couples may choose to incorporate elements of both, such as honoring dual religions or including symbolic aspects that hold personal meaning. Ultimately, the decision reflects the couple's unique values and how they wish to start their married life together.
In the context of same-sex marriage, the distinction between civil and religious marriage is crucial. While religious organizations may hold beliefs that conflict with same-sex marriage, civil marriage allows for the legal recognition of these unions without infringing on religious freedoms. The First Amendment protects the right of religious groups to define marriage according to their beliefs, while also ensuring that same-sex couples can enter into legally recognized civil marriages. This separation of civil and religious marriage helps navigate the complex landscape of beliefs and rights, allowing for the coexistence of different definitions of marriage.
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Frequently asked questions
The Fourteenth Amendment protects gay marriage and requires states to license and recognize same-sex marriages.
The Federal Marriage Amendment is a proposed amendment that states: "Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the Constitution of any State, nor State or Federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."
The Federal Marriage Amendment would require every state to deny same-sex couples the right to marry and override any existing local and state-level protections for gay and lesbian couples.
Civil marriage and religious marriage are different. Religious groups are not being asked to change their beliefs, but civil marriage is a legal institution regulated by the government. The First Amendment protects the right of people of faith to organize themselves according to their beliefs and traditions.
An Amendment that defines marriage would write discrimination into the Constitution and take away legal protections for committed, long-term couples.
