Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is an irregular form of marriage contract that survives only in a small number of U.S. states and the District of Columbia. In the few jurisdictions where marriage can still be contracted this way, the parties are legally married – and the marriage is legally valid everywhere – despite non-compliance with statutory requirements ; provided the parties have complied with all necessary requirements that apply at common law in the jurisdiction.
Same-sex marriage has been legal in the District of Columbia since March 3, 2010. On December 18, 2009, Mayor Adrian Fenty signed a bill passed by the D.C. Council on December 15 legalizing same-sex marriage. Following the signing, the measure entered a mandatory congressional review of 30 work days. Marriage licenses became available on March 3, and marriages began on March 9, 2010. The District of Columbia became the first jurisdiction in the United States below the Mason–Dixon line to allow same-sex couples to marry.
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
Lesbian, gay, bisexual, transgender (LGBT) persons in Puerto Rico have almost the same protections and rights as heterosexual individuals. Public discussion and debate about sexual orientation and gender identity issues has increased, and some legal changes have been made. Supporters and opponents of legislation protecting the rights of LGBT persons can be found in both of the major political parties. Public opposition still exists due, in large part, to the strong influence of the Roman Catholic Church, as well as socially conservative Protestants. Puerto Rico has a great influence on the legal rights of LGBT citizens. Same-sex marriage has been legal in the commonwealth since July 2015, after the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that same-sex marriage bans are unconstitutional.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.
Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.
Same-sex marriage has been recognized in Montana since a federal district court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.
Lesbian, gay, bisexual, transgender (LGBT) people in American Samoa face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity became legal in the territory in 1980, but same-sex couples may not marry. Same-sex couples married legally in other jurisdictions are recognized and must be treated equally under US federal law since 13 December 2022. American Samoa remains the only part of the United States along with select Native American tribal jurisdictions to enforce a ban on same-sex couples marrying.
Same-sex marriage is not currently performed in American Samoa, though same-sex marriages from other jurisdictions are recognized. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment of the U.S. Constitution guarantees same-sex couples the right to marry. The ruling legalized same-sex marriage nationwide in the United States; however, it is uncertain how the ruling applies to American Samoa as the territory is unincorporated and unorganized. The Governor of American Samoa, Lolo Matalasi Moliga, said he believed that the Supreme Court's ruling does not apply to American Samoa.
The Respect for Marriage Act is a landmark United States federal law passed by the 117th United States Congress and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal government and all U.S. states and territories to recognize the validity of same-sex and interracial civil marriages in the United States, and protects religious liberty. Its first version in 2009 was supported by former Republican U.S. Representative Bob Barr, the original sponsor of DOMA, and former President Bill Clinton, who signed DOMA in 1996. Iterations of the proposal were put forth in the 111th, 112th, 113th, 114th, and 117th Congresses.
The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations, alongside American Samoa, remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the Marshall Islands may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the Marshall Islands since 2005, and discrimination on the basis of sexual orientation and gender identity has been outlawed in all areas since 2019. Despite this, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples, as same-sex marriage and civil unions are not recognized.
Lesbian, gay, bisexual and transgender (LGBT) people in Tuvalu face challenges not faced by non-LGBT people. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Northern Mariana Islands have evolved substantially in recent years. Same-sex marriage and adoption became legal with the Supreme Court's ruling in the case of Obergefell v. Hodges in June 2015. However, the U.S. territory does not ban discrimination based on sexual orientation and gender identity, except in relation to government employees. Gender changes are legal in the Northern Mariana Islands, provided the applicant has undergone sex reassignment surgery.
Same-sex marriage became legal in North Dakota following the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which invalidated state bans on same-sex marriage throughout the United States. Until then, North Dakota had restricted marriage to the union of one man and one woman both by statute and in its State Constitution.
Same-sex marriage has been legal in Oklahoma since October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to review Bishop v. Smith, a case that had found the ban unconstitutional, the Tenth Circuit Court of Appeals ordered Oklahoma to recognize same-sex marriages. On January 14, 2014, Judge Terence C. Kern of the U.S. District Court for the Northern District of Oklahoma declared the state's statutory and constitutional same-sex marriage bans unconstitutional. The case, Bishop v. Smith, was stayed pending appeal. On July 18, 2014, a panel of the Tenth Circuit upheld Kern's ruling overturning Oklahoma's same-sex marriage ban. However, the panel put its ruling on hold pending disposition of a petition for certiorari by the U.S. Supreme Court. On October 6, 2014, the U.S. Supreme Court rejected the request for review, leaving the Tenth Circuit Court's ruling in place. State officials responded by implementing the Tenth Circuit's ruling, recognizing same-sex marriage in the state.
The marriage age in the United States is the minimum age at which a person can marry in the United States as a right, or with parental consent or other authorization. This age is set by each state and territory, either by statute or where the common law applies. The general marriage age is 18 years of age in all states except Nebraska, where the general marriage age is 19, and Mississippi, where the general marriage age is 21. The general marriage age is commonly the age of majority, though in Alabama the general marriage age is 18 while the age of majority is 19.
Same-sex marriage has been legal in Puerto Rico since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the court ruled that bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples could begin applying for marriage licenses on July 13, and the first marriages occurred on July 17, 2015.
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