Let’s talk about marriage equality. It feels like just yesterday we were celebrating the Supreme Court’s Obergefell v. Hodges decision, the landmark 2015 ruling that made same-sex marriage legal across the entire country. But here we are in 2025, and the conversation is, unfortunately, still happening. So what’s the tea? Is our right to say “I do” safe and sound, or is it a little more complicated? Here’s a look at where same-sex marriage stands in the US in 2025.
The Recent Conundrum
You might have heard about someone challenging Obergefell v. Hodges, and yes, that happened. But the good news is that it didn’t go anywhere.The Supreme Court declined to hear the challenge from Kim Davis. Remember her? She was the clerk from Kentucky who was jailed in 2015 because, despite federal ruling, refused to issue marriage licenses to same-sex couples. Her latest attempt to challenge the law was shut down, which is a definite win.
On top of that, the Respect for Marriage Act, signed into law in 2022, provides another layer of federal protection. This means that even if Obergefell were somehow overturned, the federal government would still recognize same-sex and interracial marriages.
The Federal vs. State Situation
So, if it’s federally protected, what’s the problem? Well, it gets messy at the state level. A surprising number of states still have old laws on the books that ban same-sex marriage. These are currently unenforceable because of Obergefell. However, should that ruling ever be overturned, those defunct state-level bans, religious exemptions, and discriminatory statutes could snap back into effect. This creates a legal patchwork where rights could depend on your zip code.
States With Additional Protections
Some states are doing the work to secure marriage equality in their own laws. They’ve passed comprehensive civil union or domestic partnership laws that provide protections independent of the federal ruling. For example, Washington State defines and protects a committed intimate relationship. Other states with a history of supporting the queer community (all of which legalized same-sex marriage before Obergefell v. Hodges) include these:
- Maine
- Maryland
- California
- Hawaii
- Illinois
- New Jersey
- And many more
States With Lingering Bans
On the flip side, many states still have constitutional or statutory bans against same-sex marriage. Again, these aren’t currently active, but they haven’t been repealed. If federal protections were to disappear, states like Arkansas, Georgia, Kentucky, Louisiana, and Texas could potentially refuse to issue new same-sex marriage licenses. This uncertainty is precisely why federal legislation like the Respect for Marriage Act is so crucial.
Looking Ahead
The recent Supreme Court decision not to hear the Davis case is reassuring of where same-sex marriage stands in the US in 2025, but the fight for full, unequivocal equality is clearly not over. State-level activism remains essential to repeal outdated, discriminatory laws and protect our families.
Our rights shouldn’t be a political football, tossed back and forth between court decisions and legislative sessions. While we can breathe a little easier for now, staying informed and engaged is the best way to safeguard our progress.