Same sex marriage laws in the U.S. have changed a lot in 30 years. For a long time, federal law treated same-sex marriages differently. That was the essence of the Defense of Marriage Act (DOMA). But then the court cases began to change that.
In 2013, the Supreme Court struck down a key part of the Defense of Marriage Act. Two years later, Obergefell v. Hodges gave same-sex couples the right to marry. States could no longer deny them a license. They also had to honor valid marriages from other states.
Then Congress stepped in. In 2022, the Respect for Marriage Act wiped out what was left of DOMA. Still, many people ask if marriage equality is safe. Here is the short answer on the Supreme Court same sex marriage ruling. As of October 2026, Obergefell is still the law. In fact, the Court refused to revisit it in November 2025.
This story matters to every couple. It shows how fast rights can change. It also shows how much they rely on courts and lawmakers. So let’s walk through it, from the first law to the latest ruling.
What Was the Defense of Marriage Act?
Congress passed DOMA in 1996. Back then, marriage equality was a hot issue. The law set two big rules.
First, Section 2 let states ignore same-sex marriages from other states. Second, Section 3 said “marriage” meant one man and one woman under federal law. It also limited who counted as a “spouse.”
So a married same-sex couple could still lose federal benefits. Marriage can affect many things, such as:
- Federal taxes
- Social Security benefits
- Estate rules
- Immigration rights
- Health benefits
- Federal pensions
- Survivor and military benefits
Each item on that list is a real-life benefit. For example, a spouse may receive survivor benefits when the other spouse dies. A spouse may also share health coverage. Without federal recognition, couples lost these protections.
This created an odd split. A state could say a couple was married. Yet the federal government could say they were not. That clash led to a famous case.
Why the Defense of Marriage Act Caused So Much Trouble
Marriage mostly falls under state law. States decide who can marry. They also set the rules for divorce. But federal law gives married people many perks.
So the Defense of Marriage Act gave one couple two legal identities. They were married in the eyes of the state. But they were single in the eyes of the federal government. That could cost them money, property, and benefits. It could also cause stress after a spouse died.
Picture a couple who built a life together for decades. Their state called them married. Yet federal forms treated them as strangers. Little wonder the courts got involved.
Those problems reached the Supreme Court in United States v. Windsor.
United States v. Windsor Shifted Federal Law
Edith Windsor and Thea Spyer lived in New York. They married in Canada. New York honored the marriage. But the federal government did not, because of DOMA.
When Spyer died, Windsor got a big federal estate tax bill. An opposite-sex surviving spouse would not have owed it. So Windsor sued. The case reached the Supreme Court in 2013.
The Court struck down Section 3 of DOMA. It said the rule broke the Fifth Amendment’s promise of liberty. The effect was fast. Couples married under state law could now get many federal benefits.
In practice, this opened the door to federal benefits. Estate rules, taxes, and health coverage were now in reach. Yet a couple’s rights still depended on where they lived.
Still, Windsor did not force states to issue licenses. So the rules still changed from state to state. That gap led to another big case.
How the Supreme Court Same Sex Marriage Ruling Changed the Nation
On June 26, 2015, the Court decided Obergefell v. Hodges. The case joined challenges from several states. Same-sex couples said state bans broke the Constitution. The Court agreed.
It said the right to marry is a basic right. It also said same-sex couples can use that right. The Court based this on two promises in the Fourteenth Amendment: due process and equal protection.
As a result, states could no longer shut same-sex couples out of marriage. They also had to honor valid marriages from other places. Before the ruling, your rights often depended on where you lived. After it, the same right applied in every state.
Think about what this meant in daily life. A couple could now marry in any state. They could also move across state lines and keep their marriage. That kind of peace of mind was new.
Curious about the Court’s reasoning? You can read the Supreme Court’s Obergefell opinion yourself.
The Constitution in Plain Words
Two different amendments drove these rulings. The Fifth Amendment limits what the federal government can do. The Fourteenth Amendment limits what states can do. That difference explains why the cases came out as they did.
Windsor dealt with a federal law, so it relied on the Fifth Amendment’s promise of liberty. Obergefell dealt with state bans, so it relied on the Fourteenth Amendment. Both rulings protected same-sex couples from unfair treatment by the government.
DOMA, Windsor, and Obergefell: Three Different Steps
People often lump these together. But each one did something different. That matters.
| Legal Development | Main Effect |
| Defense of Marriage Act (1996) | Limited federal recognition and let states refuse recognition |
| United States v. Windsor (2013) | Struck down DOMA’s federal marriage definition |
| Obergefell v. Hodges (2015) | Set a nationwide right to same-sex marriage |
| Respect for Marriage Act (2022) | Repealed DOMA and added federal protections |
Here is the short version. DOMA limited recognition. Then Windsor removed a big federal limit. Next, Obergefell set the right for the whole country. Finally, Congress added a law of its own.
New Jersey Led the Way
New Jersey has its own story. In 2006, the state Supreme Court decided Lewis v. Harris. It ruled that same-sex couples deserve the same rights as other couples. The state then created civil unions.
But civil unions fell short. Federal law still treated marriage differently. After Windsor in 2013, that gap got harder to defend.
Soon after, a state court heard Garden State Equality v. Dow. It found that banning same-sex couples from marriage broke the state’s equal protection rule. So same-sex couples began to marry in New Jersey in October 2013. That was almost two years before Obergefell.
That early action mattered. Couples in New Jersey did not have to wait for the nationwide ruling. They could marry, and their marriages gained legal recognition, long before 2015.
The state later put these protections in its own law. In 2021, it said marriage and civil union laws must be read in a gender-neutral way. So New Jersey’s protections do not rest on one federal ruling.
What the Respect for Marriage Act Does
Congress passed the Respect for Marriage Act in 2022. President Biden signed it on December 13, 2022. It formally ended the Defense of Marriage Act. But it does much more than that.
For one thing, federal law now honors a marriage if it was valid where it took place. For another, the Act requires states to honor valid marriages from other states in covered cases. It also bars denial based on sex, race, ethnicity, or national origin.
This matters because a court ruling and a law work in different ways. Obergefell rests on the Constitution. The Act rests on a federal law. So you have two layers of protection. You can read the Respect for Marriage Act yourself.
Does the Act Replace Obergefell?
No. They do different jobs.
Obergefell says states must let same-sex couples marry. It also says states must honor those marriages. The Act focuses on honoring valid marriages. It also stops state officials from rejecting qualifying out-of-state marriages for the listed reasons.
Because the Act does not replace the Court’s rule, Obergefell still matters a great deal.
Having both is a real plus. A court ruling can face new challenges. A federal law can be changed by Congress. So two separate safeguards give couples more security than one.
Why Recognition Across State Lines Matters
Section 2 of DOMA let states refuse to honor marriages from elsewhere. That rule could follow a couple wherever they went. A marriage valid in one state might count for little in another.
Today, two protections answer that problem. Obergefell requires states to honor valid same-sex marriages from other places. The Respect for Marriage Act does the same in covered cases. So a couple’s marriage travels with them.
Can the Supreme Court Revisit Obergefell?
Yes, the Court can revisit its own rulings. But it does not take every request.
The Court overturned Roe v. Wade in 2022. After that, people debated other past rulings. Justice Clarence Thomas also wrote in Dobbs that the Court might revisit some similar cases. So many people worried about marriage equality. Still, Obergefell stayed in place.
Then a new case gave the Court another chance. It said no.
The Kim Davis Petition
Kim Davis was a county clerk in Kentucky. After Obergefell, she refused to issue licenses to same-sex couples. She cited her faith. Lawsuits followed. In time, she asked the Court to review a damages award against her. She also asked it to revisit Obergefell.
On November 10, 2025, the Court denied her petition. It gave no reason. So the denial did not make a new rule about marriage. But it left Obergefell in place. It also left the judgment against Davis standing.
So as of October 2026, the 2015 rule is still the law. People may keep debating it. Still, a debate does not change the law.
Religious Freedom Is Part of the Talk
These cases also raise questions about faith. In Obergefell, the Court said the First Amendment protects religious groups and people who teach their beliefs about marriage.
Congress spoke to this too. The Act says it does not remove current religious liberty protections. It also protects some religious nonprofits. For example, they generally cannot be forced to provide space or services for a wedding.
So marriage recognition and religious freedom are separate issues. Courts may still hear fights over where they meet. Yet those fights do not erase the right of same-sex couples to marry.
Four Myths About These Rulings
Many people mix up these rulings. Here are four common myths, along with the facts.
Myth 1: Windsor legalized same-sex marriage everywhere. It did not. The Court only struck down the federal definition. States still set their own rules until 2015.
Myth 2: The Respect for Marriage Act replaced Obergefell. It did not. The two protections do different jobs. Both remain in place.
Myth 3: The Kim Davis denial changed the 2015 ruling. It did not. The Court gave no reason and made no new rule. So Obergefell still stands.
Myth 4: News about a lawsuit means the law has changed. It does not. A case must move through the courts, and the Supreme Court must hear it and rule. Until then, current law stays in place.
What the Law Protects Today
Your rights have several layers:
- Obergefell protects same-sex marriage in every state.
- The Respect for Marriage Act honors qualifying marriages under federal law.
- The Act also requires states to honor valid out-of-state marriages in covered cases.
- New Jersey adds its own protections.
So couples have protection from courts, Congress, and states like New Jersey. The path took decades. But the result today is clear. Same-sex couples can marry in New Jersey. Their marriages are recognized. And they can end a marriage through New Jersey’s divorce system.
Could Future Cases Change Same Sex Marriage Laws?
A new lawsuit is always possible. But a possible case is not the same as current law. A suit must first move through the courts. Then the Supreme Court must agree to hear it. Even then, it must issue a ruling before anything changes.
The 2025 Davis petition shows this. She asked the Court to revisit Obergefell. The Court said no. So the 2015 Supreme Court same sex marriage ruling still stands. Also, Congress and New Jersey have added protections since then. Any future case must deal with all of these layers.
A Quick Timeline of Key Moments
Here is the whole story at a glance.
- 1996: Congress enacts DOMA.
- 2006: Decision of Lewis v. Harris, Supreme Court of New Jersey.
- 2013: Windsor invalidates DOMA Section 3.
- October 2013: Same-sex couples start marrying in New Jersey.
- Obergefell U.S. Supreme Court rules right exists nationwide June 26, 2015.
- In 2021, New Jersey requires that its marriage laws be read using gender-neutral language.
- Respect for Marriage Act becomes law on December 13, 2022.
- November 10, 2023 – The Court DENIES the Davis petition.
What This History Means for You
If you look at the history of the Defense of Marriage Act, it illustrates that family law can change in the blink of an eye. In 1996, federal law limited the recognition of marriages. Then, in 2013, the Court struck down the federal definition. By 2015, Obergefell set marriage equality for the nation. In 2022, Congress repealed DOMA. Along the way, New Jersey built its own protections.
This history matters most when it helps you know your rights now. If you’re married, your status affects your property division, support, children, taxes, and plans. Likewise, if you are thinking about divorce, your relationship history may shape key legal questions. That is especially true if your relationship began before same-sex marriage was legal.
If you are married, keep your marriage certificate and key records in a safe place. Also, note the dates that matter in your own story. These papers can help you explain your rights if questions ever come up.
Talk to a New Jersey Family Lawyer
Marriage equality changed American family law. But every marriage has its own money and family story. So ending a same-sex marriage can raise issues that need a careful look.
The Law Office of Jennifer J. McCaskill, LLC serves families in Monmouth County. The firm handles LGBTQA+ divorces. These include property division, alimony, custody, and marital agreements.
If you have questions about your rights in marriage or divorce, consult with an experienced New Jersey family law attorney. Call 732-647-9256 for a free case evaluation.