The 38 States that Ban Same-Sex Marriage ("SSM")
SOURCE: USA Today. Click Here for USA Today's interactive map on this issue.
States that Ban SSM
States that Allow SSM
States That Neither Ban Nor Permit SSM
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
|Same-Sex Marriage Symbol|
Of the 38 state laws that ban gay marriage, only one, Proposition 8 out of California, has been considered by the Supreme Court. We await word on the outcome of the argument in that case held on March 26, 2013. Should SCOTUS overrule Proposition 8, then all of the red states above will change to orange states.
Then, as the years go by, it is presumed that many will become green states...
If, on the other hand, SCOTUS upholds Proposition 8, the red states and green states will presumably stay as they are for the foreseeable future, and the orange states will either stand pat, or make a final decision on this issue.
SCOTUS is also considering the legality of the the Federal Defense of Marriage Act ("DOMA"). Click Here for our analysis of the DOMA issue before the U.S. Supreme Court.