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handle is hein.crs/govejmr0001 and id is 1 raw text is: ,Congressional
aResearch Service

Survey of State Marriage Laws Related to
Same-Sex Marriage
November 22, 2022
In 2015, the Supreme Court held in Obergefell v. Hodges that same-sex couples may exercise the
fundamental right to marry in all states and that states must accordingly recognize marriages validly
performed out-of-state. Many states still have unenforceable constitutional amendments or state statutes
that ban marriage for same-sex couples. This Sidebar provides, in table form, a survey of current state
constitutional amendments and state statutes that either prohibit or allow same-sex marriage. Other
compilations may categorize the constitutional or statutory text differently; for example, two states do not
explicitly define marriage. The Sidebar does not discuss or address the effect of judicial opinions, like
Obergefell or prior state supreme court or lower federal court rulings, on these state statutes.
The table also provides a list of various state provisions that concern religious protections relating to
marriage. This includes laws that provide that a religious official or organization may not be required to
solemnize a marriage if doing so would conflict with or violate a religious tenet.
Table I. Survey of State Constitution Amendments and State Statutes Either Prohibiting
or Allowing Same-Sex Marriage
State
Constitutional                     State
Amendments     State Statutes  Constitutional
Prohibiting    Prohibiting    Amendments     State Statutes    Religious
Same-Sex       Same-Sex     Allowing Same- Allowing Same-      Liberty
State         Marriage       Marriage      Sex Marriage    Sex Marriage    Protections

Ala. Const. art. I,
§ 36.03
Alaska Const. art.
I, §25
Ariz. Const. art.
XXX, §I

Ala. Code § 30-1-
19
Alaska Stat. §§
25.05.01 1, .013
Ariz. Rev. Stat. §§
25-101(C),
-125(A)

Congressional Research Service
https://crsreports.congress.gov
LSB10866

CRS Legal Sidebar
Prepared for Members and
Committees of Congress -

Alabama
Alaska
Arizona

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