Latest update: On Friday, October 10, the US Supreme Court lifted a stay on same-sex marriages in Idaho, allowing gay and lesbian couples to marry in the state. Soon after, a federal court struck down North Carolina's same-sex marriage ban.
On Thursday, October 9, Nevada began issuing marriage licenses for same-sex couples following a federal injunction on the state's ban that effectively enforced an earlier ruling from the Ninth Circuit Court of Appeals. Earlier in the day, West Virginia Attorney General Patrick Morrisey and Governor Earl Ray Tomblinannounced they will not fight a challenge to the state's same-sex marriage ban, due to the Supreme Court's decision earlier in the week. As a result, West Virginia's same-sex couples should be able to marry no later than Tuesday, October 14.
The US Supreme Court on October 6 effectively legalized same-sex marriage in 11 states by deciding not to hear appeals for court rulings that affirmed gay and lesbian couples' right to marry in several jurisdictions.
The Supreme Court's decision immediately allowed same-sex couples to marry in Indiana, Oklahoma, Utah, Virginia, and Wisconsin. Colorado and West Virginia announced they will allow same-sex marriages after the decision, with other states — Kansas, South Carolina, and Wyoming — expected to follow in the coming weeks and months as courts force them to recognize the reality of the Supreme Court and federal appeals court rulings.
Since 2013, when the Supreme Court struck down the federal ban on same-sex marriage, lower courts have followed with their own decisions effectively ending same-sex marriage bans in several states. The Supreme Court's decision in early October is just the latest in a nearly unbroken chain of victories for marriage equality across the nation.
As the decisions pile up, it can get a little difficult to track which same-sex marriage bans are legally valid and which have been overturned. This simple list tracks where each state stands.
States where same-sex couples can or will soon be able to marry
• North Carolina: The Fourth Circuit Court of Appeals, following a lower court's decision, on July 28 struck down Virginia's same-sex marriage ban. Since the Fourth Circuit Court presides over North Carolina, the decision should take effect there now that the Supreme Court on October 6 rejected an appeal on the circuit court's ruling. With a federal court's decision on October 10, same-sex marriages were allowed to begin.
• Idaho: The Ninth Circuit Court of Appeals, following a lower court's decision, on October 7 struck downthe state's same-sex marriage ban. But the state's ban remains in place until the case works through the legal appeals process. The US Supreme Court on October 10 lifted a stay on same-sex marriages in Idaho, allowing couples to wed.
• Nevada: The Ninth Circuit Court of Appeals, following a lower court's decision, on October 7 struck downthe state's same-sex marriage ban. After state officials announced they won't appeal the case further, courtscleared same-sex marriages to begin in Nevada.
• West Virginia: The Fourth Circuit Court of Appeals, following a lower court's decision, on July 28 struck down Virginia's same-sex marriage ban. Since the Fourth Circuit Court presides over West Virginia, the decision took effect there after the Supreme Court on October 6 rejected an appeal on the circuit court's ruling. On October 9, West Virginia Attorney General Patrick Morrisey and Governor Earl Ray Tomblinannounced they will not fight a challenge to the state's same-sex marriage ban, allowing same-sex couples to marry no later than October 14.
• Colorado: The Colorado Supreme Court on October 7 cleared the way for same-sex marriages in the state, after the 10th Circuit Court of Appeals on June 25 struck down Utah's same-sex marriage ban — in a ruling that spans the entire 10th circuit, including Colorado — and the Supreme Court on October 6 rejectedan appeal on the 10th circuit ruling.
• Indiana: The Seventh Circuit Court of Appeals, following a lower court's decision, on September 4 struck down the state's same-sex marriage ban. When the Supreme Court rejected an appeal, same-sex marriage became effectively legal.
• Oklahoma: The 10th Circuit Court of Appeals, following a lower court's decision, on July 18 struck downthe state's same-sex marriage ban. When the Supreme Court rejected an appeal, same-sex marriage became effectively legal.
• Utah: The 10th Circuit Court of Appeals, following a lower court's decision, on June 25 struck down the state's same-sex marriage ban. When the Supreme Court rejected an appeal, same-sex marriage became effectively legal.
• Virginia: The Fourth Circuit Court of Appeals, following a lower court's decision, on July 28 struck downthe state's same-sex marriage ban. When the Supreme Court rejected an appeal, same-sex marriage became effectively legal.
• Wisconsin: The Seventh Circuit Court of Appeals, following a lower court's decision, on September 4struck down the state's same-sex marriage ban. When the Supreme Court rejected an appeal, same-sex marriage became effectively legal.
Also:
• Oregon, Pennsylvania, Illinois, California, Delaware, Hawaii, Maryland, Minnesota, New Jersey, New Mexico, Rhode Island, Maine, Washington, New York, District of Columbia, New Hampshire, Iowa,Vermont, Connecticut, and Massachusetts.
States where courts overturned bans, but rulings are under appeal
• Kansas: The 10th Circuit Court of Appeals, following a lower court's decision, on June 25 struck downUtah's same-sex marriage ban. Since the 10th Circuit Court presides over Kansas, the decision should take effect there now that the Supreme Court on October 6 rejected an appeal on the circuit court's ruling. But the state has refused to allow same-sex couples to marry until a court challenge works through the legal process.
• South Carolina: The Fourth Circuit Court of Appeals, following a lower court's decision, on July 28 struck down Virginia's same-sex marriage ban. Since the Fourth Circuit Court presides over South Carolina, the decision should take effect there now that the Supreme Court on October 6 rejected an appeal on the circuit court's ruling. But the state has refused to allow same-sex couples to marry until a court challenge works through the legal process.
• Wyoming: The 10th Circuit Court of Appeals, following a lower court's decision, on June 25 struck downUtah's same-sex marriage ban. Since the 10th Circuit Court presides over Wyoming, the decision should take effect there now that the Supreme Court on October 6 rejected an appeal on the circuit court's ruling. But the state has refused to allow same-sex couples to marry until a court challenge works through the legal process.
• Louisiana: A federal judge on September 3 upheld the state's same-sex marriage ban — the first time a federal court ruled against same-sex marriage rights since the Supreme Court's decision. A state judge, however, struck down Louisiana's ban on equal protection grounds.
• Florida: A federal judge on August 21 struck down the state's same-sex marriage ban. But the state's ban remains in place until the case works through the legal appeals process.
• Kentucky: A federal judge on July 1 struck down the state's same-sex marriage ban. But the state's ban remains in place until the case works through the legal appeals process.
• Arkansas: An Arkansas judge on May 10 struck down the state's same-sex marriage ban. But the state's ban remains in place until the case works through the legal appeals process.
• Michigan: A federal judge on March 21 struck down the state's same-sex marriage ban. But the state's ban remains in place until the case works through the legal appeals process.
• Texas: A federal judge on February 26 struck down the state's same-sex marriage ban. But the state's ban remains in place until the case works through the legal appeals process.
States where same-sex marriage bans are in effect but are being challenged in court
• Alabama, Alaska, Arizona, Georgia, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, South Dakota, and Tennessee.
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