Marriage equality is the law of the land. But knowing you can get married and actually knowing how to do it, what documents to bring, what federal benefits you unlock, and what protections exist if something goes wrong are different things. This guide covers all of it.
Same-sex marriage is legal in all 50 states, the District of Columbia, and all U.S. territories. Two landmark legal protections anchor that right today.
The Supreme Court ruled 5 to 4 that same-sex couples have a constitutional right to marry under the Fourteenth Amendment. This ruling requires every state to both issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states. It is currently the law of the land.
Signed into law by President Biden, the Respect for Marriage Act requires the federal government to recognize any marriage that was valid in the state where it was performed, and requires all states to recognize valid same-sex marriages from other states. This provides a critical layer of federal protection beyond Obergefell alone.
In his concurring opinion in the 2022 Dobbs decision (which overturned Roe v. Wade), Justice Clarence Thomas explicitly named Obergefell as a ruling that should be reconsidered. While Obergefell remains in effect, this created legitimate concern in the LGBTQ+ community. The Respect for Marriage Act provides a stronger federal floor: even if Obergefell were overturned, the RFMA would still require federal recognition of same-sex marriages and require states to recognize marriages lawfully performed in other states. Getting legally married now locks in these protections.
Federal law recognizes over 1,100 rights and benefits tied to marriage. Many same-sex couples who legally married were denied these benefits for years. Now they are fully available. Here are the most significant ones.
File jointly or separately as a married couple on your federal return. Joint filing often results in significant tax savings, especially when spouses have different incomes.
A lower-earning spouse may claim up to 50% of the higher earner's Social Security benefit while both are living, and up to 100% as a survivor after the other spouse dies.
Spouses may qualify for Medicare based on a partner's work history, and Medicaid rules for married couples differ significantly from those for single individuals, protecting household assets.
Spouses of federal employees are eligible for health insurance through the Federal Employees Health Benefits (FEHB) program, life insurance (FEGLI), and federal pension survivor benefits.
Spouses of active duty service members and veterans receive full military benefits including healthcare through TRICARE, base commissary access, housing allowance (BAH), and VA survivor benefits.
U.S. citizens and permanent residents can sponsor a same-sex spouse for a green card through USCIS. The spousal visa (IR-1 or CR-1) is one of the most direct immigration pathways available.
The Family and Medical Leave Act allows employees to take up to 12 weeks of unpaid, job-protected leave to care for a seriously ill spouse. This applies to all legally married same-sex couples.
Spouses have automatic next-of-kin status at federal hospitals, the right to be present and to make medical decisions if a partner is incapacitated, and the right to receive medical information.
Spouses may inherit assets from each other without federal estate or gift taxes under the unlimited marital deduction. Without this, large estates can face significant federal tax liability.
Married couples' combined income is considered when calculating FAFSA eligibility. Spouses may also be listed as dependents or family members on federal loan repayment income calculations.
Married couples can jointly apply for FHA loans and VA home loans. HUD rules protect married couples from housing discrimination and provide joint household protections in federally assisted housing.
Married spouses generally cannot be compelled to testify against each other in federal court. The marital communications privilege also protects private conversations between spouses.
Review your employer benefits immediately after getting married. Update your health insurance beneficiaries, life insurance, and retirement plan designations. Many benefits require you to add a spouse within 30 to 60 days of the marriage event, or you may have to wait until the next open enrollment period.
While the specific office, fees, and wait times vary by state and county, the core process is the same everywhere in the United States.
Marriage licenses are issued at the local government level, not the state level. Depending on your state, this may be your County Clerk, County Recorder, County Probate Court, Register of Deeds, Town Clerk, Parish Clerk of Court, or County Auditor. Use the state guide below to find the right office for your state. In most states, you can apply in any county, not just the county where you live or where the ceremony will take place.
Both applicants must appear together in person (in nearly all states). Bring valid government-issued photo ID, your Social Security number, proof of any prior marriages ending (divorce decree or death certificate), and your birth certificate if the office requests it. See the full document checklist below for details.
Complete the marriage license application at the office. Both applicants sign the application. Pay the required fee (typically $18 to $115 depending on your state). The clerk will issue your marriage license, which is a legal document authorizing you to marry.
About half of U.S. states have a waiting period between when you receive your license and when your ceremony can take place. Waiting periods range from 24 hours to 5 days. Some states allow judges to waive the waiting period. Check your state in the guide below. If your state has no waiting period, you can marry the same day you receive the license.
Your ceremony must be performed before the license expires (validity ranges from 10 days to 1 year depending on the state). An authorized officiant must preside: this includes judges, justices of the peace, magistrates, and ordained ministers. Some states also allow self-solemnization (Colorado and Wisconsin), meaning you can marry without any officiant at all. Friends or family can be ordained online (through organizations like Universal Life Church) and perform your ceremony in most states.
After your ceremony, the officiant signs the license and it must be returned to the issuing office within a set window (often 3 to 10 days, though this varies by state). The couple typically signs the license as well. Do not lose this document before it is filed.
Once the license is filed, the government office will issue an official marriage certificate. You will need multiple certified copies for updating records, claiming benefits, and name changes. Order at least 4 to 6 copies immediately. Each certified copy typically costs $5 to $20. You can usually order additional copies later, but having them upfront saves time.
Both applicants must appear together at the licensing office. Bring originals or certified copies of the documents below. Some states may not require all of these, but having them all with you prevents delays.
Select your state to see the issuing office, fees, waiting periods, validity window, and a direct link to the official state resource.
Alabama uses a Certificate of Marriage system rather than a traditional license in most counties. Both applicants complete and sign the certificate, which is filed with the Probate Court. Contact your county Probate Court for the current form and process.
Alabama Probate Courts DirectoryAlaska has one of the longest license validity periods in the country (3 years). The 3-day waiting period begins when the application is received. Applications can be submitted in person at Bureau of Vital Statistics offices.
Alaska Vital StatisticsApply at the County Clerk in any Arizona county. Fees vary slightly by county. Both applicants must appear together in person with valid photo ID.
Arizona Vital RecordsBoth parties must appear in person at the County Clerk office. Bring valid photo ID and any prior divorce decrees.
Arkansas Vital RecordsCalifornia offers two license types: public (standard) and confidential (requires both applicants to be living together). Fees vary by county. After the ceremony, the signed license must be returned to the County Clerk within 10 days. California was the first state to briefly allow same-sex marriages (2008) before Prop 8, and resumed in 2013.
California Marriage License InfoColorado is one of only two states (with Wisconsin) that allows self-solemnization. Couples may legally marry without an officiant by signing the license themselves. Apply at any County Clerk and Recorder office.
Colorado Marriage CertificatesConnecticut issues licenses through Town Clerks, not county offices. Visit any Town Clerk in Connecticut. Connecticut was the third state in the U.S. to legalize same-sex marriage (2008).
Connecticut Vital RecordsDelaware has three counties, each with a Clerk of the Peace office: New Castle (Wilmington), Kent (Dover), and Sussex (Georgetown). Visit any of them to apply.
Delaware Marriage LicensesDC was one of the first jurisdictions in the U.S. to legalize same-sex marriage (2010). The Marriage Bureau is located at the DC Superior Court. Online appointment booking is available.
DC Marriage BureauFlorida residents who complete a state-approved premarital preparation course (minimum 4 hours) receive a reduced fee and waiver of the 3-day waiting period. Non-Florida residents have no waiting period. Apply at any County Court Clerk office.
Florida Marriage LicensesApply at the Probate Court in any Georgia county. Fees vary by county. Bring valid photo ID and your Social Security number.
Georgia Probate CourtsHawaii legalized same-sex marriage in 2013. Licenses can be obtained from Department of Health offices on each island or from an authorized marriage license agent. Hawaii offers online application options; verify availability at the DOH website.
Hawaii Marriage LicensesVisit the County Recorder in any Idaho county. Fees and validity periods vary slightly. Call ahead to confirm current local requirements.
Idaho Vital RecordsIllinois was among the early states to legalize same-sex marriage (2014). Apply at any County Clerk office. Cook County (Chicago) has multiple Clerk locations for convenience.
Illinois Marriage RecordsIndiana has one of the lowest marriage license fees in the country. The 3-day waiting period can be waived by a Circuit or Superior Court judge for good cause. Apply at any County Clerk office.
Indiana Vital RecordsIowa was the first Midwestern state to legalize same-sex marriage (2009). Iowa marriage licenses have no expiration date, which is unique among all U.S. states. The 3-day waiting period can be waived for good cause.
Iowa Vital RecordsDepending on the county, licenses are issued by the District Court or the County Clerk. Call your county office before visiting to confirm which office handles marriage licenses.
Kansas Vital RecordsAll Kentucky county clerks are required to issue marriage licenses to same-sex couples following Obergefell (2015). Apply at any County Clerk office. Bring valid photo ID for both applicants.
Kentucky Marriage LicensesLouisiana is organized into parishes rather than counties. Your Clerk of Court is in your parish courthouse. The 72-hour waiting period can be waived by a judge. Louisiana also offers a covenant marriage option; standard marriage is the default.
Louisiana Vital RecordsMaine legalized same-sex marriage by popular vote in 2012, making it one of the first states to do so by referendum. Licenses are issued by Town or City Clerks throughout the state.
Maine Marriage LicensesMaryland legalized same-sex marriage by popular vote in 2012. Apply at the Circuit Court Clerk in any Maryland county or Baltimore City. The 48-hour waiting period begins when you submit your application.
Maryland Vital StatisticsMassachusetts was the first state in the U.S. to legalize same-sex marriage (2004). Licenses are issued by City or Town Clerks. The 3-day waiting period can be waived by a Probate Court judge for good cause. Fees vary by municipality.
Massachusetts Marriage GuideMichigan has a short 33-day validity window, so plan your ceremony date carefully after applying. The 3-day waiting period can be waived by a District Court judge. Both applicants must appear in person.
Michigan Marriage CertificatesMinnesota has one of the longer waiting periods (5 days), which can be waived by a district court judge for good cause. Minnesota legalized same-sex marriage in 2013. Fees vary significantly by county.
Minnesota Marriage CertificatesMississippi was ordered to issue same-sex marriage licenses following Obergefell (2015). Apply at the Circuit Clerk in the county where the ceremony will occur.
Mississippi Vital RecordsDepending on the county, the Recorder of Deeds or the County Clerk issues marriage licenses. Call your county office to confirm which applies.
Missouri Vital RecordsMontana offers a generous 180-day validity period, giving couples flexibility. Apply at any County Clerk and Recorder office.
Montana Vital RecordsNebraska has one of the lowest fees and longest validity periods in the country. Apply at the County Court in any Nebraska county.
Nebraska Vital RecordsNevada is one of the most popular marriage destinations in the world. Clark County (Las Vegas) operates a 24-hour Marriage License Bureau. No waiting period and a 1-year validity make Nevada a top choice for destination weddings.
Nevada Bureau of Health StatisticsNew Hampshire legalized same-sex marriage in 2010. Licenses are issued by Town or City Clerks across the state. No waiting period applies.
New Hampshire Marriage LicensesNew Jersey was among the early states to allow civil unions (2007) and legalized full marriage equality in 2013. Apply at your local registrar (typically at City or Town Hall). The 72-hour waiting period runs from the time of application.
New Jersey Marriage and Civil UnionNew Mexico began issuing same-sex marriage licenses in 2013 before Obergefell. Apply at any County Clerk office. New Mexico has no waiting period.
New Mexico Vital RecordsNew York legalized same-sex marriage in 2011. In New York City, apply through the NYC City Clerk (online appointments available). Outside NYC, apply at your local Town or City Clerk. Fees vary. The 24-hour waiting period can be waived by a court for good cause.
New York Marriage LicensesNorth Carolina issues marriage licenses through the Register of Deeds in each county. You may apply in any county, not just your county of residence.
North Carolina Marriage RecordsNorth Dakota marriage licenses are issued by the County Judge at the county courthouse. Contact your county courthouse to schedule an appointment.
North Dakota Vital RecordsOhio issues marriage licenses through the Probate Court in each county. All Ohio counties are required to issue licenses to same-sex couples. Both applicants must appear together.
Ohio Marriage CertificatesOklahoma has one of the shortest license validity windows in the country (10 days), so plan your ceremony date very close to your application date. Apply at the Court Clerk of the District Court in any Oklahoma county.
Oklahoma Marriage RecordsOregon is an LGBTQ+-affirming state and legalized same-sex marriage in 2014. Apply at any County Clerk office. The 3-day waiting period can be waived.
Oregon Marriage RecordsDepending on the county, either the Court of Common Pleas or the Register of Wills issues licenses. In Philadelphia, the City Hall Marriage License Bureau handles applications. The 3-day waiting period can be waived by the Orphans Court.
Pennsylvania Marriage RecordsRhode Island legalized same-sex marriage in 2013. Licenses issued by City or Town Clerks throughout the state. One of the lower-cost options in the Northeast.
Rhode Island Vital RecordsLicenses issued by the Probate Court in each county. South Carolina has a 24-hour waiting period that can be waived by the Probate Court.
South Carolina Marriage RecordsSouth Dakota uniquely issues marriage licenses through the County Treasurer rather than a County Clerk. The 20-day validity is among the shortest in the country. Plan your ceremony date accordingly.
South Dakota Marriage RecordsTennessee has among the higher fees of any state. Apply at any County Clerk office. Tennessee has had a challenging legal environment for LGBTQ+ couples in recent years; if you encounter any issues, contact the ACLU of Tennessee.
Tennessee Marriage RecordsTexas couples who complete an approved premarital education course receive a significant fee reduction and may waive the 72-hour waiting period. Active duty military members are automatically exempt from the waiting period. Apply at any County Clerk office.
Texas Marriage RecordsApply at any County Clerk office in Utah. Both applicants must appear in person with valid photo ID.
Utah Vital RecordsVermont was a pioneer for LGBTQ+ rights, the first state to recognize civil unions (2000) and among the first to legalize same-sex marriage by legislative action (2009). Licenses are issued by Town Clerks statewide.
Vermont Vital RecordsApply at the Circuit Court Clerk in any Virginia jurisdiction. No waiting period. Both applicants must appear in person.
Virginia Marriage LicensesWashington State legalized same-sex marriage by popular vote in 2012. Licenses are issued by the County Auditor in each county. The 3-day waiting period can be waived.
Washington State Vital RecordsApply at any County Clerk office in West Virginia. No waiting period. Both applicants must appear in person.
West Virginia Marriage LicensesWisconsin has the longest mandatory waiting period (5 days) and one of the higher fees. The waiting period can be waived by a circuit court judge for good cause. Wisconsin (with Colorado) allows self-solemnization. Apply at any County Clerk office.
Wisconsin Vital RecordsWyoming offers a 12-month validity period and among the lowest fees in the country. Apply at any County Clerk office with valid photo ID for both applicants.
Wyoming Vital RecordsGetting married triggers a cascade of administrative updates. If you or your spouse are changing names, start with the Social Security Administration before anything else, because your name must match your SSA record before you can update other federal documents.
The correct order is: (1) Social Security Administration, (2) Driver's license or state ID, (3) U.S. Passport, (4) everything else. Doing it out of order creates document mismatches that can cause problems with banks, employers, and federal agencies. See our full Name Change Guide for detailed step-by-step instructions.
Submit Form SS-5 with your marriage certificate and current photo ID. This updates your SSA record and is required before changing your name on a passport or driver's license.
Visit your state DMV with your updated Social Security card (or SSA confirmation), current driver's license, and marriage certificate. Most states require an in-person visit.
Submit DS-5504 (if passport issued within last year) or DS-82 (if issued within last 15 years) by mail. Include your current passport, marriage certificate, and a new passport photo.
Notify HR of your marriage immediately. Update health insurance (critical: most plans require you to add a spouse within 30 to 60 days), life insurance beneficiaries, emergency contacts, and tax withholding (W-4).
Update your name and beneficiary designations on all bank accounts, investment accounts, and retirement plans (401k, IRA). Many institutions allow you to add your spouse as a joint account holder.
Update health, life, auto, and home or renters insurance to include your spouse. Review whether combining policies saves money. Add your spouse as a beneficiary on life insurance policies.
If applicable, contact the SSA to report your marriage and inquire about spousal benefit eligibility. You may be entitled to benefits based on your spouse's work record.
Update your will and any estate planning documents to reflect your marriage. Create or update a durable power of attorney and healthcare proxy designating your spouse, if you have not already done so.
Since USCIS began recognizing same-sex marriages in 2013 (following United States v. Windsor), U.S. citizens and lawful permanent residents can sponsor a same-sex spouse for immigration benefits, including a green card.
| Visa / Status | Who It Is For | Key Notes |
|---|---|---|
| IR-1 / CR-1 Spousal Visa | Foreign spouse of a U.S. citizen | Immigrant visa granting permanent resident status. CR-1 applies if married less than 2 years; IR-1 if married 2+ years. File I-130 petition. |
| K-3 Visa | Foreign spouse awaiting immigrant visa processing | Nonimmigrant visa allowing spouse to enter the U.S. while the I-130 petition is processed. Less commonly used now due to processing speed improvements. |
| I-130 Petition | Filed by U.S. citizen or LPR to sponsor spouse | The starting document for spousal immigration. File with USCIS. Processing times vary. Same-sex marriages are treated identically to opposite-sex marriages. |
| Adjustment of Status (I-485) | Foreign spouse already in the U.S. on valid status | Allows a foreign spouse already in the U.S. to apply for a green card without leaving the country. Filed concurrently with I-130 in many cases. |
| Green Card Renewal | LPR spouses of U.S. citizens | After 2 years of marriage, a conditional green card holder may apply for permanent residency by filing I-751 to remove conditions. |
| Naturalization | Foreign spouse of U.S. citizen (3-year track) | Spouses of U.S. citizens may apply for citizenship after 3 years as a green card holder (instead of the standard 5 years), if still married to and living with the sponsoring spouse. |
USCIS recognizes marriages that were legally valid where they were performed, even if performed in a state or country with different laws than where the couple currently lives. You do not need to live in the state where you got married. If you are in a complex immigration situation, consult an immigration attorney with LGBTQ+ experience.
Following Obergefell, county clerks and government officials are required to issue marriage licenses to same-sex couples. Refusal violates the law. If you encounter resistance:
Write down the name of the official, the date, the time, and exactly what was said or done. If possible, get the refusal in writing. Do not argue or escalate in the moment.
In most states, you can apply for a marriage license in any county, not just the one where you live. If one office is hostile, going to a neighboring county is often the fastest resolution.
Lambda Legal, the ACLU LGBT Rights Project, and GLAD all have legal hotlines for exactly this type of situation. They can provide guidance and, if needed, legal representation at no cost.
A government official refusing to perform a legal duty can be reported to the state attorney general's office, the state civil rights agency, and the relevant federal agency (such as the Department of Justice Civil Rights Division).
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