Same-sex marriage is a polarizing topic wherever you go, and these 11 states where gay marriage is legal have had their share of controversies before laws were passed allowing gay marriage. For every person in favor of same-sex marriage, there will always be someone opposed to it. In some parts of the world, LGBT communities still suffer from humiliation, discrimination, and violence, with zero tolerance even for expression of gender identity.
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Times are a-changing, and as what our previous article of the 22 Countries Where Gay Marriage is Legal has mentioned, there has been a silent revolution, so to speak, as people have been warming up to the idea of the LGBT movement and the effects that come with them. In the United States, same-sex marriages had been permitted since June 26, 2015, when the US Supreme Court ruled in favor of same-sex marriages during the case of Obergefell v. Hodges. The court asserted that the ban on same-sex marriages is illegal and unconstitutional based on the 14th Amendment of the United States Constitution. This follows a lengthy crusade by the LGBT community for recognition of their rights and especially their right to marriage.
However, even before the landmark ruling of Obergefell v Hodges, there are several states where gay marriage is already legal. Most of these states have made same-sex marriages legal by virtue of a court decision while others have been through the state legislature. As we will see in this article, these 11 states where gay marriage is legal have been performing marriages between same-sex couples for a while already even before the case of Obergefell v. Hodges was heard. This list focuses on the states that have legalized, either through state legislature or court decisions, same-sex marriages.
Without further ado, we present to you the 11 states where gay marriage is legal.
11. Maryland
Legalized: January 1, 2013
On different surveys conducted by different leading news publications in Maryland during 2011-2012, between 49-51% of registered voters approve of or are in favor of same-sex marriages. The results of these polls would reflect on the statewide referendum held for the approval of same-sex marriages. It was a momentous moment not only in Maryland but also in the United States as the event marked the very first time that a law was enacted by popular vote legalizing same-sex unions.
10. Maine
Legalized: December 29, 2012
Maine was supposed to be the first state in the United States to allow same-sex marriages by virtue of a bill signed by its former governor on May 6, 2009. However, this was swiftly vetoed by the public through a referendum on November 3, 2009. In 2012, GLAD (Gay & Lesbian Advocates & Defenders) proposed an initiative to win the public’s support in championing same-sex marriage. A referendum was held 3 years and 3 days after the original bill was vetoed, with 53% in favor. With Maryland and Washington, Maine became one of the first 3 states to legalize same-sex marriages by popular vote.
9. Washington
Legalized: December 6, 2012
As with our previous 2 entries, Washington’s people approved, by a referendum, same-sex marriages on November 6, 2012, effective December 6, 2012. On the first day alone, more than 600 same-sex marriage licenses were issued, mostly coming from King County. Nine months after, 7,071 same-sex marriages have been performed, with King County contributing at least 3,452 unions. Further statistics revealed that 62% of these marriages were between women.
8. New York
Legalized: July 24, 2011
The Marriage Equality Act, passed by the New York State legislature, permitted same-sex marriages in the Big Apple effective July 24, 2011. This recent development traces its roots to 2004, when Jason West, then-mayor of New Paltz, married 25 same-sex couples at the New Paltz Village Hall.
7. New Hampshire
Legalized: January 1, 2010
Prior to recognition of same-sex marriage in the state, civil unions have been performed since January 1, 2008. All civil unions in the state have been converted into marriages as of January 1, 2011. Surveys and polls conducted since 2009 regarding public opinion of same-sex marriages have been mostly positive, with the exception of one survey conducted in April 2011 reflecting 42.2% of respondents against it.
6. District of Columbia
Legalized: December 18, 2009
Domestic partnerships between same-sex couples have been recognized by this state since 1992, and have been expanded many times. In 2006, same-sex domestic partners were given equal rights as spouses in terms of inheritance and guardianship and since 2007 same-sex domestic partners can jointly file taxes. A study performed by UCLA found that 700 new jobs were created within three years from the approval of same-sex marriages, with estimated income at $52.2 million.
5. Vermont
Legalized: September 1, 2009
The first state to introduce civil unions in 2000 should naturally be the first state to pass a law allowing same-sex marriages. This is just what Vermont had done when it decreed in 2009 that same-sex marriages were legal. It is also the first state to recognize same-sex unions by virtue of legislation and not by a court ruling.
4. Iowa
Legalized: April 27, 2009
Same-sex marriages were previously prohibited in this state until 2007 when a landmark ruling in the case of Varnum v. Brien suggested that “denying the right to marry to same-sex couples was incompatible with the equal protection clause of a state constitution”. Within hours of Polk County’s ruling, same-sex couples filed for marriage licenses and were approved. The Supreme Court finally upheld the original Polk County ruling on April 27, 2009.
3. Connecticut
Legalized: November 12, 2008
Civil unions have been recognized since 2005, but civil rights movements in favor of same-sex unions insisted on legalizing these marriages as civil unions did not give equal rights to the same-sex couples. In the case of Kerrigan v. Commissioner of Public Health, a superior court judges ruled against those in favor of same-sex marriages, stating that “denying same-sex couples the right to marry did not violate Connecticut’s constitution”. However, this ruling was overturned by the Supreme Court of Cennecticut on October 10, 2008, which paved the way for the first marriage licenses to be issued on November 12, 2008.
2. California
Legalized: June 16, 2008
As with the previous entry, California permitted same-sex marriages following a ruling in In re Marriage Cases that stated that denying same-sex couples the right to marriage is a violation of their rights per California’s constitution. However, Proposition 8, which was a state amendment that banned same-sex marriages, resulted in the halting of issuance of marriage licenses from November 5, 2008, to June 27, 2013. On June 28, 2013, these unions were again legal due to a stay of the effect that was removed from the previous decision of the federal court.
1. Massachusetts
Legalized: May 17, 2004
Again made legal by a court ruling, Massachusetts was the first state in America to legalize same-sex marriages which is why it is in the first spot on this list of 11 States Where Gay Marriage is Legal. In the case of Goodridge v. Department of Public Health, denying marriages to same-sex couples the act of marriage constitutes a violation of rights based on the Massachusetts constitution. With this landmark ruling, the state became only the 6th jurisdiction in the world to legalize same-sex unions. Public sentiment on same-sex marriages have also been favorable and, with the lowest of 35% in 2004, and the most recent poll having 71% of registered voters supporting same-sex marriages.
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