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Gay marriage in the U.S.: Facts

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Gay marriage is now legal in 37 US states and the capital Washington, but it cannot be officiated and is not recognized in 13 other states.

The US Supreme Court is due to rule on the status of gay marriage nationwide in late June, after hearing arguments on the issue next week.

Federal recognition

On June 26, 2013, the Supreme Court declared as unconstitutional the Defense of Marriage Act, a law defining marriage as a union between a man and a woman and barring the federal government from recognizing gay marriages legalized by states.

Since then, couples legally married at the state level can now enjoy the same federal rights as heterosexual married couples.

State limits

Each of the 50 US states can determine whether it recognizes a same-sex union officiated in another state, which has consequences on what subsidies and tax credits a couple can claim.

States recognizing gay marriage

A total of 37 states, the federal capital Washington and at least 10 Native American tribes legally or constitutionally authorize gay marriage.

Most are in the northeastern portion of the country. Massachusetts was first, in May 2004, followed by Connecticut, Iowa, Vermont, New Hampshire, the US capital Washington and New York state.

Washington state, Maine and Maryland followed in 2012 and 2013.

After California, whose gay marriage law was validated by the Supreme Court in June 2013, Delaware, Minnesota, Rhode Island, New Jersey, Hawaii, New Mexico, Oregon, Pennsylvania and Illinois also passed similar measures.

When the high court refused to intervene in related cases in October, gay marriage became legal in Indiana, Oklahoma, Virginia, Wisconsin and Utah.

Colorado, Nevada, West Virginia, North Carolina, Idaho, Alaska, Wyoming, Arizona, Kansas, Montana and South Carolina came next.

Early this year, gay marriage was authorized in Florida and Alabama, though it is contested there.

States where gay marriage is banned

Thirteen states and two US territories (Puerto Rico and the Virgin Islands) ban gay marriage. Those states are Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North and South Dakota, Ohio, Tennessee and Texas.

In eight of those states, the situation is on hold pending a court decision.

Supreme Court intervention

The high court has agreed to hear complaints from gay couples living in Michigan, Tennessee, Kentucky and Ohio, states that define marriage as a union between a man and a woman. A federal appeals court ruling had upheld bans in those four states on same-sex couples' freedom to marry and recognition of their unions.

Questions at hand

In order to determine whether to legalize gay marriage on the more than 3.5 million square miles (nine million square kilometers) of US territory, the US Supreme Court will first ask whether the 14th Amendment of the US Constitution, which deals with equal protection under the law, demands that a state allow a same-sex couple to marry.

It is also due to rule on whether the 14th Amendment demands that a state recognize a gay marriage officiated in another state.

Gay marriage is now legal in 37 US states and the capital Washington, but it cannot be officiated and is not recognized in 13 other states.

The US Supreme Court is due to rule on the status of gay marriage nationwide in late June, after hearing arguments on the issue next week.

Federal recognition

On June 26, 2013, the Supreme Court declared as unconstitutional the Defense of Marriage Act, a law defining marriage as a union between a man and a woman and barring the federal government from recognizing gay marriages legalized by states.

Since then, couples legally married at the state level can now enjoy the same federal rights as heterosexual married couples.

State limits

Each of the 50 US states can determine whether it recognizes a same-sex union officiated in another state, which has consequences on what subsidies and tax credits a couple can claim.

States recognizing gay marriage

A total of 37 states, the federal capital Washington and at least 10 Native American tribes legally or constitutionally authorize gay marriage.

Most are in the northeastern portion of the country. Massachusetts was first, in May 2004, followed by Connecticut, Iowa, Vermont, New Hampshire, the US capital Washington and New York state.

Washington state, Maine and Maryland followed in 2012 and 2013.

After California, whose gay marriage law was validated by the Supreme Court in June 2013, Delaware, Minnesota, Rhode Island, New Jersey, Hawaii, New Mexico, Oregon, Pennsylvania and Illinois also passed similar measures.

When the high court refused to intervene in related cases in October, gay marriage became legal in Indiana, Oklahoma, Virginia, Wisconsin and Utah.

Colorado, Nevada, West Virginia, North Carolina, Idaho, Alaska, Wyoming, Arizona, Kansas, Montana and South Carolina came next.

Early this year, gay marriage was authorized in Florida and Alabama, though it is contested there.

States where gay marriage is banned

Thirteen states and two US territories (Puerto Rico and the Virgin Islands) ban gay marriage. Those states are Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North and South Dakota, Ohio, Tennessee and Texas.

In eight of those states, the situation is on hold pending a court decision.

Supreme Court intervention

The high court has agreed to hear complaints from gay couples living in Michigan, Tennessee, Kentucky and Ohio, states that define marriage as a union between a man and a woman. A federal appeals court ruling had upheld bans in those four states on same-sex couples’ freedom to marry and recognition of their unions.

Questions at hand

In order to determine whether to legalize gay marriage on the more than 3.5 million square miles (nine million square kilometers) of US territory, the US Supreme Court will first ask whether the 14th Amendment of the US Constitution, which deals with equal protection under the law, demands that a state allow a same-sex couple to marry.

It is also due to rule on whether the 14th Amendment demands that a state recognize a gay marriage officiated in another state.

AFP
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With 2,400 staff representing 100 different nationalities, AFP covers the world as a leading global news agency. AFP provides fast, comprehensive and verified coverage of the issues affecting our daily lives.

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