The rapid rise of legal same-sex marriage

Most of the states where same-sex marriage is legal came after the Supreme Court overturned a key portion of the Defense of Marriage Act in 2013. Judges across the country decided the reasoning of the ruling meant that state bans on gay marriage were unconstitutional.

Permitted through judicial action
Permitted through legislative or voter action

In 2002...

0 states have legalized same-sex marriage
0 people live in those states
0 percent of Americans

Watch the progression

The road toward legalization

Same-sex marriage advocates won a major victory in 1993 when the Hawaii Supreme Court ruled that the denial of marriage to gay couples might violate the state constitution. But the win was short-lived. Hawaii never allowed the marriages to take place, and it produced a backlash elsewhere. Some states began to pass laws and amend their constitutions to forbid gay marriage, and Congress passed the Defense of Marriage Act, which said the federal government would recognize only marriages between one man and one woman.

1993: Hawaii Supreme Court says ban on same-sex marriages might violate the state constitution

1993

1994

1995

1996: The Defense of Marriage Act is passed, barring same-sex married couples from recognition

by the federal government

1996

1997

1998

1999

1996-2013: Same-sex marriage not recognized by federal government

2000

2001

2002

2003: Massachusetts becomes first state to legalize same-sex marriage, based on a ruling from its highest court

2003

2004

2005

2006

2007

2008

2009

2010

2013: Courts begin to strike down state bans on gay marriage after the Supreme Court invalidates a key portion of DOMA

2011

2012

2013

2014

2015: In a 5-to-4 decision, the Supreme Court affirmed gay couples’ right to marry

2015

2015: In a 5-to-4 decision, the Supreme Court affirmed gay couples’ right to marry

2003: Massachusetts becomes first state to legalize same-sex marriage, based on a ruling from its highest court

1993: Hawaii Supreme Court says ban on same-sex marriages might violate the state constitution

’95

’00

’05

’10

’15

’93

Same-sex marriage not recognized by federal law

1996: The Defense of Marriage Act is passed, barring same-sex married couples from recognition

by the federal government

2013: Courts begin to strike down state bans on gay marriage after the Supreme Court invalidates

a key portion of DOMA

2003: Massachusetts becomes first state to legalize same-sex marriage, based on a ruling from its highest court

2015: In a 5-to-4 decision, the Supreme Court affirmed gay couples’ right to marry

1993: Hawaii Supreme Court says ban on same-sex marriages might violate the state constitution

’95

’00

’05

’10

’15

’93

Same-sex marriage not recognized by federal law

2013: Courts begin to strike down state bans on gay marriage after the Supreme Court invalidates

a key portion of DOMA

1996: The Defense of Marriage Act is passed, barring same-sex married couples from recognition

by the federal government