As of May 2015, there are 34 states that ban same-sex "marriage", most by constitutional provision or amendment. Twenty-seven of these bans have been illegally ruled "unconstitutional" by activist state or federal courts acting outside of their mandate. As a result of these rulings, same-sex "marriages" are effectively "legal" in 19 of these states (AK, AZ, CA, CO, FL, ID, IN, MT, NV, NC, OK, OR, PA, SC, UT, VA, WV, WI, and WY).
The 16 states, plus Washington, D.C., which do not ban same-sex "marriage" are:
| State (or D.C.) | History | Comments | |
|---|---|---|---|
| Connecticut | Same-sex "marriage" was "legalized" by decision of the state Supreme Court in 2008. | ||
| Delaware | Legislation legalizing same-sex "marriage" was enacted in 2013. | ||
| Hawaii | Legislation legalizing same-sex "marriage" was enacted in 2013. | ||
| Illinois | Legislation legalizing same-sex "marriage" was enacted in 2013. | ||
| Iowa | Same-sex "marriage" was "legalized" by decision of the state Supreme Court in 2009. | After imposing same-sex "marriage", three justices were punished for their decision by removal from office in their retention election in November 2010. | |
| Maine | Same-sex "marriage" was legalized by popular referendum in 2012. | However, this referendum, along with the ones in Maryland and Washington, were bought by pro-same-sex "marriage" lobbyists through massive spending on a misleading and deceitful propaganda campaign. | |
| Maryland | Legislation legalizing same-sex "marriage" was enacted in 2012. | Voters approved the same-sex "marriage" law in a referendum in November 2012. However, this referendum, along with the ones in Maine and Washington, were bought by pro-same-sex "marriage" lobbyists through massive spending on a misleading and deceitful propaganda campaign. | |
| Massachusetts | Same-sex "marriage" was "legalized" by decision of the state Supreme Court in 2004. | According to "What Same-Sex 'Marriage' Has Done to Massachusetts", however, the law banning same-sex "marriage" in Massachusetts has never been officially repealed. Because of this and in spite of the judicial ruling, same-sex "marriage" is still technically illegal in the state.[1] | |
| Minnesota | Legislation legalizing same-sex "marriage" was enacted in 2013. | ||
| New Hampshire | Legislation legalizing same-sex "marriage" was enacted in 2009. | ||
| New Jersey | Same-sex "marriage" was "legalized" by decision of the state Supreme Court in 2013. | ||
| New Mexico | Same-sex "marriage" was "legalized" by decision of the state Supreme Court in 2013. | ||
| New York | Legislation legalizing same-sex "marriage" was enacted in 2011. | ||
| Rhode Island | Legislation legalizing same-sex "marriage" was enacted in 2013. | ||
| Vermont | Legislation legalizing same-sex "marriage" was enacted in 2009. | Vermont was the first state to legalize same-sex "marriage" via legislation rather than court decision. | |
| Washington | Legislation legalizing same-sex "marriage" was enacted in 2012. | Voters approved the same-sex "marriage" law in a referendum in November 2012. However, this referendum, along with the ones in Maine and Maryland, were bought by pro-same-sex "marriage" lobbyists through massive spending on a misleading and deceitful propaganda campaign. | |
| Washington, D.C. | Legislation legalizing same-sex "marriage" was enacted in 2009. |