Hodges , which made same-sex marriage legal in all 50 states. Many same-sex couples get married in a state or foreign country that recognizes same-sex marriage. Some couples already happen to live in these marriage-friendly places, and others travel there just to get married. The difficulty arises when those traveling couples return home, or when residents move to a state that doesn't provide for same-sex marriage.
Will marriages that were valid where they were entered into be recognized in these other places -- either by state authorities, private entities like employers , or the federal government? Many important considerations ride on the answer to this question -- from how to fill out your tax returns to whether your spouse is eligible for benefits through your employer's health plan. But it isn't always easy to figure out whether and to what extent your same-sex marriage will be recognized. On June 26, , the U.
Supreme Court issued its decision in United States v. Windsor and struck down the section of DOMA federal Defense of Marriage Act that defined marriage as a union between a man and a woman. The Windsor case involved Edith Windsor and Thea Spyer, who married in Canada in , after being in a relationship for 40 years. In a decision, with the majority opinion written by Justice Anthony Kennedy, the Supreme Court found that the section of DOMA defining marriage as between a man and a woman violates the Equal Protection Clause and is therefore unconstitutional.
Under the Supreme Court's decision, same-sex married couples living in one of the 16 U. However, the Court did not address Section 2 of DOMA, which allows states to ignore valid same-sex marriages entered into in other states, or whether Section 2 would impact federal recognition.
For example, the Court did not address whether the IRS or other federal agencies would recognize the marriages of same-sex married couples living in non-recognition states.
These issues are becoming clearer as time goes on. Right now, we now know that some federal agencies, such as the Social Security Administration, will continue to look to the place of residence where a couple lives to determine whether married couples qualify for benefits. As a result, same-sex married spouses living in non-recognition states will not be eligible for Social Security benefits based on their spouse's work record.
But other federal agencies, such as the U. Citizenship and Immigration Services USCIS will look to the place of celebration where the marriage was performed to determine whether same-sex married couples are eligible for benefits. In August , the U. Department of Treasury ruled that all same-sex couples that are legally married in any U.
This includes provisions governing:. The Treasury Department further clarified that federal recognition for tax purposes applies whether a same-sex married couple lives in a jurisdiction that recognizes same-sex marriage such as California or a non-recognition jurisdiction such as Texas. In fact, GOP opposition to its removal derailed legislation seeking to raise the legal age to marry in the state from 15 to Only a male may marry a female.
Matt Pierce, a Democrat, said in defense of the amendment. Apparently to the Republican caucus it is controversial. Professor Jason Pierceson. So, it needs to get out of there," Rep. Five years after the Supreme Court had its say on the issue, same-sex marriage remains a politically contentious issue, and LGBTQ advocates continue to battle in courtrooms and statehouses to ensure gay couples can exercise their right to marry.
States have two types of bans on same-sex marriage: statutory and constitutional. There were two phases of same-sex marriage bans, according to Pierceson. The first one began in the s, when gay couples would apply for marriage licenses and many state judges at the time ruled that these unions were not prohibited.
This prompted lawmakers to explicitly outlaw same-sex marriage. In , Maryland became the first state to do so. Other states quickly followed, with Virginia , Arizona and Oklahoma passing similar laws in , and Florida , California , Wyoming and Utah doing so in That ruling prompted state and federal lawmakers to take action. Utah was first to enact a statutory ban in response to that decision in , and then a year later, Congress passed the federal Defense of Marriage Act, or DOMA, which defined marriage as between one man and one woman.
In , Hawaii became the first state to pass a constitutional amendment specifically targeting same-sex marriage. The measure empowered the legislature to enact a ban, which it did that same year through a constitutional referendum. Ultimately, 30 more states adopted constitutional amendments prohibiting gay marriage.
While the Obergefell v. In some countries, same-sex couples also experience additional restrictions. For example, in Taiwan same-sex marriage is only available to Taiwanese citizens or a citizen of a foreign country that recognizes same-sex marriage who seeks to marry a Taiwanese citizen. By clicking "GO" below, you will be directed to a website operated by the Human Rights Campaign Foundation, an independent c 3 entity.
By using this site, you agree to our use of cookies. To learn more, please read our Privacy Policy. Accept More Information. Processes of Legalization 21 countries have legalized same-sex marriage nationally through legislation. Among these, Australia, Ireland and Switzerland legalized same-sex marriage through legislation only after nation-wide votes.
Countries that Legalized Marriage Equality in Austria: The Constitutional Court of Austria ruled on December 4, that denial of marriage equality was discriminatory, legalizing same-sex marriage.
Places to Watch for Marriage Equality in This list includes a few of the many countries where HRC Global is tracking developments in support of marriage equality in Chile Czech Republic Japan Philippines Thailand Methodology This page is based on a review of legislation and judicial decisions recognizing same-sex marriage.
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