Many laws in the history of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
have addressed marriage and the rights of married people. Common themes addressed by these laws include
polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
,
interracial marriage,
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, and
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
.
1900–1999
* 1900 – All states now grant married women the right to own property in their own name.
* 1904 – LDS Church President
Joseph F. Smith
Joseph Fielding Smith Sr. (November 13, 1838 – November 19, 1918) was an American religious leader who served as the sixth president of the Church of Jesus Christ of Latter-day Saints (LDS Church). He was the nephew of Joseph Smith, the founde ...
issues the 1904 "
Second Manifesto
The "Second Manifesto" was a 1904 declaration made by Joseph F. Smith, the president of the Church of Jesus Christ of Latter-day Saints (LDS Church), in which Smith stated the church was no longer sanctioning marriages that violated the laws of ...
", which stated that the church was no longer sanctioning
plural (polygamous) marriages and would
excommunicate
Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
anyone who participates in future polygamy.
["Official Statement by President Joseph F. Smith", '' Improvement Era'' 7:545–546 (Apr. 1904).]
* 1907 – Under the
Expatriation Act of 1907, American women will lose citizenship when they marry a foreign husband.
* 1913 – The federal government formally recognizes marriage in law for the first time with the passage of the
Revenue Act of 1913
The Revenue Act of 1913, also known as the Underwood Tariff or the Underwood-Simmons Act (ch. 16, ), re-established a federal income tax in the United States and substantially lowered tariff rates. The act was sponsored by Representative Oscar U ...
.
* 1929 – All states now have laws regarding marriage licenses.
* 1933 – Married women granted right to citizenship independent of their husbands.
* 1948 – California Supreme Court overturns interracial marriage ban (''
Perez v. Sharp
''Perez v. Sharp'', also known as ''Perez v. Lippold'' or ''Perez v. Moroney'', is a 1948 case decided by the Supreme Court of California in which the court held by a 4–3 majority that the state's ban on interracial marriage violated the Fourte ...
'').
* 1965 – The Supreme Court overturns laws prohibiting married couples from using contraception (''
Griswold v. Connecticut
''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives witho ...
'').
* 1967 – The Supreme Court overturns laws prohibiting interracial couples from marrying (''
Loving v. Virginia
''Loving v. Virginia'', 388 U.S. 1 (1967), was a List of landmark court decisions in the United States, landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that Anti-miscegenation laws in the United States, laws ban ...
'').
[Solidarity.org]
A Selective History of Marriage in the United States
/ref>
* 1969 – The first no-fault divorce
In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage w ...
law, signed by Governor Ronald Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
, is adopted in California.
* 1971 – The Supreme Court upholds an Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
law which automatically changes a woman's legal surname to that of her husband upon marriage.
* 1971 – The Supreme Court refuses to hear challenge to a Minnesota Supreme Court ruling allowing prohibition of same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
(''Baker v. Nelson
''Richard John Baker v. Gerald R. Nelson'', 291 Minn. 310, 191 N.W.2d 185 (1971), was a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not ...
'').
* 1972 – The Supreme Court overturns laws prohibiting unmarried couples from purchasing contraception (''Eisenstadt v. Baird
''Eisenstadt v. Baird'', 405 U.S. 438 (1972), was a landmark decision of the U.S. Supreme Court that established the right of unmarried people to possess contraception on the same basis as married couples.
The Court struck down a Massachusetts la ...
'').
* 1973 – Maryland becomes the first state in the U.S. to define marriage as "between a man and a woman" in statute.
* 1975 – Married women allowed to have credit in their own name.
* 1975 – Three states outlaw same-sex marriage by statutes.
* 1976 – The Supreme Court overturns laws prohibiting abortions for married women without the consent of the husband.
* 1993 – All 50 states have revised laws to include marital rape.
* 1996 – President Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
signs the Defense of Marriage Act into law, which outlaws federal recognition of both same-sex marriage and polygamy, and removes any requirement that states recognize such marriages entered into in other jurisdictions.
* 1998 – Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
amends its constitution to allow the legislature to ban same-sex marriage, in response to a court ruling which would otherwise have allowed such marriages. Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
becomes the first state to ban both same-sex marriage and polygamy in its constitution.
* 1998 – South Carolina is the penultimate state in the U.S. to remove the ban on interracial marriage in its state constitution.
2000–present
* 2000 – Nebraska amends its state constitution to outlaw same-sex marriage and polygamy.
* 2000 – Alabama becomes the last state in the US to remove the ban on interracial marriage in its state constitution.
* 2002 – Nevada amends its state constitution to outlaw same-sex marriage and polygamy.
* 2004 – grants and recognizes same-sex marriages, while 14 states rush to outlaw same-sex marriage and polygamy through their state constitutions in response.
* 2005 – Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
amends its state constitution to outlaw same-sex marriage and polygamy.
* 2006 – 26 states outlaw same-sex marriage and polygamy through their state constitutions. Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
becomes the first state in the United States to reject a constitutional amendment banning both same-sex marriage and polygamy, but passes a constitutional amendment two years later.
* 2006 – 8th Circuit Court of Appeals upholds Nebraska's ban on gay marriage.
* 2008 – New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages. Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
begins granting and recognizing same-sex marriages. California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
briefly granting and recognizing same-sex marriage until the passage of Proposition 8 later in the year (as well as both the states of Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
and Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
in banning same-sex marriage and polygamy on the same day in their state constitutions). In California only (prior to Proposition 8) continues recognizing same-sex marriages entered into prior to the proposition's passage. 29 states outlaw same-sex marriage and polygamy through their state constitutions.
* 2009 – Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
and Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
grant and recognize same-sex marriages; the District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages. Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
repeals the legalization of same-sex marriage before coming into effect by popular vote, which was overturned three years later by another popular vote.
* 2010 – New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
and the District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
begins granting and recognizing same-sex marriages. Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages. In ''Perry v. Schwarzenegger
Perry, also known as pear cider, is an alcoholic beverage made from fermented pears, traditionally the perry pear. It has been common for centuries in England, particularly in Gloucestershire, Herefordshire, and Worcestershire. It is also mad ...
'', a district court overturns California's ban on same-sex marriage (however, the decision is stayed pending an appeal).
* 2011 – New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
begins granting and recognizing same-sex marriages.
* 2012 – A federal appeals court
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals fr ...
upholds the district court decision that struck down California's ban on same-sex marriage (the case was appealed to the U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
).
* 2012 – North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
amends its state constitution by a vote to outlaw both same-sex marriage and polygamy, bringing the total to 30 states that have outlawed both same-sex marriage and polygamy through their state constitutions. Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages.
* 2012 – Both Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered on ...
and Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
begins granting and recognizing same-sex marriages, only after approval from a referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
, while Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
rejects a constitutional amendment banning both same-sex marriage and polygamy.
* 2013 – Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
begins granting and recognizing same-sex marriages, only after approval from a referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.
* 2013 - Legal same-sex marriage begins in Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
and Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
.
* 2013 - The Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
finds that there is no standing for the appeal of the decision overturning Proposition 8 in California, leading to re-introduction of legal same-sex marriages in that state.
* 2013 - The Supreme Court of the United States overturns the Defense of Marriage Act, which outlaws federal recognition of both same-sex marriage and polygamy. Requiring that the federal government recognize marriages in states where such unions are legal.
* 2013 - US District court finds in ''Brown v. Buhman
''Brown v. Buhman'', No. 14-4117 (10th Cir. 2016), is a legal case in the United States federal courts challenging the State of Utah's criminal polygamy law. The action was filed in 2011 by polygamous patriarch Kody Brown along with his wives Meri ...
'' that portions of Utah's ban on multiple cohabitation were unconstitutional but allowed Utah to maintain its ban on multiple marriage licenses.
* 2013 - The U.S. District Court for the District of Utah strikes down Utah's ban on same-sex marriage. The ruling was not stayed for several weeks allowing nearly a thousand same-sex couples to marry, though the ruling was stayed by the U.S. Supreme Court on January 6, 2014.
*January 2014 - On January 14, The U.S. District Court for the Northern District of Oklahoma struck down Oklahoma's ban on same-sex marriage and stayed the ruling pending appeal. Oklahoma announced its intent to appeal to the Tenth Circuit Court of Appeals.
*February 2014 - On February 12, U.S. District Court struck down Kentucky's ban on recognize same-sex marriages performed in other jurisdictions. The order was stayed pending appeal on March 20 and never took effect. On February 13, the U.S. District Court for the Eastern District of Virginia struck down Virginia's ban on same-sex marriage and stayed the ruling pending appeal. On February 26, a U.S. District Court struck down Texas's ban on same-sex marriage and stayed the ruling pending appeal.
*March 2014 - On March 4, several Illinois counties began issuing marriage licenses to same-sex couple after an opinion issued by the state attorney general. This was ahead of a law scheduled to take effect statewide on June 1. On March 21, the U.S. District Court for the Eastern District of Michigan struck down Michigan's ban on same-sex marriage. The ruling took effect immediately and over 300 same-sex couples obtained marriage licenses before the ruling was stayed pending appeal by the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* Eastern District of Kentucky
* Western District of K ...
.
*May 2014 - On May 9, a Pulaski County Circuit Judge in Arkansas struck down the state's ban on same-sex marriage. Nearly 500 couples obtained marriage licenses before the ruling was stayed on May 16 by the Arkansas Supreme Court. On May 14, the U.S. District Court for the District of Idaho struck down the state's same-sex marriage ban and ordered the state to start recognizing same-sex marriages performed in other jurisdictions as well as license them. The ruling was stayed pending appeal before it took effect. On May 19, the U.S. District Court of Oregon struck down the state's ban on same-sex marriage and ordered marriages to begin immediately. The state agreed with the ruling and refused to appeal, legalizing same-sex marriage in Oregon. On May 20, the U.S. District Court for the Middle District of Pennsylvania
The United States District Court for the Middle District of Pennsylvania (in case citations, M.D. Pa.) is a district level federal court with jurisdiction over approximately one half of Pennsylvania. The court was created in 1901 by subdividing t ...
struck down Pennsylvania's statutory ban on same-sex marriage. Like Oregon, the judge ordered marriages to begin immediately. The state refused to appeal the decision, legalizing same-sex marriage in Pennsylvania
Same-sex marriage in Pennsylvania has been legally recognized since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. Governor Tom Corbett anno ...
.
*June, 2015 - On June 26, the Supreme Court ruled in ''Obergefell v. Hodges
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection ...
'' that the Fourteenth Amendment to the constitution requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State, legalizing same-sex marriage in the United States.
*April 2016—The Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Colorado
* District of Kansas
* Distric ...
overturns the District Court's ruling on Brown v. Buhman
''Brown v. Buhman'', No. 14-4117 (10th Cir. 2016), is a legal case in the United States federal courts challenging the State of Utah's criminal polygamy law. The action was filed in 2011 by polygamous patriarch Kody Brown along with his wives Meri ...
declaring that Brown lacks standing to sue.
See also
* Marriage in the United States
* Polygamy in the United States
Polygamy is the practice of having more than one spouse. Specifically, polygyny is the practice of one man taking more than one wife while polyandry is the practice of one woman taking more than one husband. Polygamy is a common marriage pattern in ...
* List of benefits of marriage in the United States
* Domestic partnerships in the United States
*Timeline of same-sex marriage in the United States
This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in ''Obergefell v. Hodges'' effectively ended restrictions on same-sex marriage in ...
* Same-sex marriage in the United States
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each ...
** Same-sex marriage legislation in the United States
In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.
...
** Same-sex marriage legislation in the United States by state
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 ...
** Same-sex marriage in the United States public opinion
Public opinion of same-sex marriage in the United States has changed dramatically since the late 1980s, and by the early 2020s an overwhelming majority of Americans approved of the legality of these marriages.
A December 2022 ''Quinnipiac Univ ...
** Same-sex marriage status in the United States by state
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each ...
** Defense of Marriage Act
** Marriage Protection Act
The Marriage Protection Act of 2004 (MPA) was a bill introduced in the United States Congress in 2003 to amend the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation of the Def ...
** U.S. state constitutional amendments banning same-sex unions
Prior to the Supreme Court's decision in ''Obergefell v. Hodges'' (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in State constitution (United S ...
** Federal Marriage Amendment
** Respect for Marriage Act
References
{{DEFAULTSORT:Timeline Of Civil Marriage In The United States
Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
Civil marriage
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religion, religious body and recognized by the state, or it may be entirely secular.
History
Every country maintai ...
Marriage in the United States