The 38 United States (Plus Washington , D.C.) That Ban Same Sex Marriage - 10 States That Allow Gay Marriage

Same Sex Marriage Symbol

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

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Also, Washington, D.C. permits same-sex marriage.

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.