Same-sex marriage has been fully legal throughout the United States since the Supreme Court's Obergefell v. Hodges decision on June 26, 2015, and this right was further codified into federal statutory law by the Respect for Marriage Act signed in December 2022. For couples obtaining a marriage license, this means a same-sex couple applies for and receives the exact same marriage license, pays the exact same fee, and has the exact same legal rights as any other married couple — no asterisks, no separate categories.
This guide covers what you actually need to know in 2025: how the application process works, what the Respect for Marriage Act means practically, marriage recognition abroad, and a few remaining practical considerations.
The Application Process — Identical to All Other Couples
At the county clerk's office, a same-sex couple fills out the same marriage license application as any other applicant. The application asks for both parties' legal names, dates of birth, Social Security numbers, and information about prior marriages. It does not ask about gender or sexual orientation. The fields are labeled "Applicant 1" and "Applicant 2" rather than "Bride" and "Groom" in most modern state forms, though some older form versions still use gendered language — the legal effect is identical regardless.
Required documents are identical: valid government-issued photo ID for both parties, Social Security numbers, and the license fee. If either party has been previously married (including a prior same-sex marriage), the same rules apply: provide the date and state the marriage ended.
The Respect for Marriage Act (2022)
While Obergefell established same-sex marriage as a constitutional right, the Respect for Marriage Act (RFMA) provides a statutory backup: it requires the federal government to recognize same-sex marriages and requires states to recognize same-sex marriages performed in other states, even if those states' own laws would not permit such marriages.
In practice, this means:
- A same-sex marriage performed in Nevada must be recognized by every other state, including states whose populations may have passed ballot measures against same-sex marriage before Obergefell.
- Federal benefits — Social Security spousal benefits, federal tax filing status, immigration benefits for foreign same-sex spouses — are fully available.
- Even if the Supreme Court were to revisit Obergefell, the RFMA would require recognition of existing same-sex marriages performed before any such ruling.
Ceremony and Officiant Considerations
Any legally authorized officiant — judge, magistrate, ordained minister of any denomination, justice of the peace — can perform a same-sex marriage ceremony. The few religious officiants who decline on personal grounds have no legal authority to prevent the marriage; couples simply use a different officiant.
For couples seeking a courthouse civil ceremony: magistrates and court commissioners perform civil ceremonies without regard to the parties' genders. The Las Vegas Marriage Bureau, for example, performs thousands of same-sex civil ceremonies annually without distinction.
For couples seeking a religious ceremony: many denominations fully affirm same-sex marriages, including the Episcopal Church, the United Church of Christ, the Evangelical Lutheran Church in America, the Presbyterian Church (USA), Reform and Conservative Judaism, and many others. Couples seeking an affirming religious ceremony have a wide range of options in most metropolitan areas.
Name Change After a Same-Sex Marriage
Name change procedures after marriage are identical for same-sex and opposite-sex couples. Both parties use the certified marriage certificate as documentation for Social Security, DMV, and passport name changes. The SSA and federal agencies process name change requests the same way regardless of the genders of the married parties.
One practical note: some same-sex couples choose hyphenated or new surname combinations that require a legal name change petition rather than the standard marriage-based name change. Creating a new blended surname — one not identical to either party's existing surname — typically requires a court-ordered name change rather than the simpler marriage-based administrative process. Consult a family law attorney if you want to create an entirely new surname.
International Recognition
The recognition of U.S. same-sex marriages abroad varies significantly by country. As of 2025, same-sex marriages are legally recognized in most of Western Europe, Canada, Mexico, Australia, New Zealand, South Africa, Colombia, Argentina, and Brazil, among others. Same-sex marriages are not recognized in most of the Middle East, most of Africa, Russia, China, and several Southeast Asian nations.
For U.S. citizens traveling or relocating abroad: your U.S. marriage is legally valid in the United States regardless of the destination country's position. However, local spousal rights, inheritance laws, and next-of-kin recognition in a foreign country will follow that country's law. Consult with an international family law attorney if legal recognition in a specific foreign country is important to your situation.
Apostille for International Use
If you need your U.S. same-sex marriage recognized in a country that requires formal documentation, an apostille on your marriage certificate is the standard process. The apostille certifies the authenticity of the marriage certificate for international use under the Hague Convention. Contact the Secretary of State's office in the state where your marriage was performed to request an apostille. Most states process apostille requests by mail for $10–$25 per document.
Frequently Asked Questions
No. Under Obergefell v. Hodges and the Respect for Marriage Act, county clerks are legally required to issue marriage licenses to all qualifying couples regardless of gender. The high-profile case of Kim Davis (a Kentucky county clerk who briefly refused in 2015) ended with a federal court ordering compliance. Any clerk who refuses can be held in contempt of court. If you encounter a refusal, contact the ACLU or Lambda Legal immediately — this is a settled legal issue.
Yes. The Full Faith and Credit Clause of the U.S. Constitution, reinforced by the Respect for Marriage Act, requires every state to recognize marriages validly performed in other states. A same-sex marriage performed in Massachusetts, Nevada, or any other state is legally valid in all 50 states and U.S. territories. No state can refuse to recognize it for purposes of state law (taxes, inheritance, spousal rights, healthcare decisions, etc.).
Yes. Same-sex marriages validly performed before Obergefell — in states like Massachusetts (which recognized same-sex marriage since 2004) — remain fully valid. The Obergefell ruling and the RFMA explicitly protect pre-existing valid marriages. There is nothing you need to do to reaffirm or re-register your marriage.
Modern marriage license applications in most states use gender-neutral language (Applicant 1, Applicant 2) and do not require applicants to state their gender. Some older state forms still have fields for "Bride" and "Groom" — in practice, same-sex couples fill in both names and the license is issued identically. A few states allow applicants to indicate their chosen designation (Bride, Groom, Spouse) — this is optional and affects only the form's terminology, not the legal validity of the license.
Religious recognition of a civil marriage is entirely separate from the legal marriage and is governed by each denomination's own rules. The civil marriage license and ceremony establish the legal marriage. Seeking religious blessing, a church ceremony, or religious recognition is a separate process governed by whichever religious institution you want recognition from. An LGBTQ-affirming religious leader can perform a ceremony that simultaneously fulfills both the legal and religious dimensions if that is important to you.