Marriage equality laws in the United States have undergone major changes over the past three decades. For many years, federal law did not recognize same-sex marriages, even when individual states considered them legally valid. This approach came from the Defense of Marriage Act (DOMA), a federal law passed in 1996.
Several important court decisions eventually challenged those restrictions. In 2013, the US Supreme Court invalidated a major section of DOMA. Then, in 2015, its decision in Obergefell v. Hodges established the constitutional right of same-sex couples to marry throughout the country.
Congress took another step in 2022 by passing the Respect for Marriage Act, which repealed the remaining provisions of DOMA and introduced additional protections for legally recognized marriages.
Questions about the future of marriage equality continue to arise. However, as of October 2026, Obergefell remains the governing Supreme Court decision. The Court also declined to reconsider it in November 2025.
Understanding how these developments have unfolded can help couples recognize their legal rights and the protections available to them today.
What Was the Defense of Marriage Act?
The Defense of Marriage Act became federal law in 1996, during a period of growing national debate over same-sex marriage. It introduced two significant provisions that affected how marriages were recognized across the country.
Section 2 allowed states to refuse recognition of same-sex marriages performed in other states. Section 3 established a federal definition of marriage as a legal union between one man and one woman. This definition also restricted who could qualify as a spouse under federal law.
As a result, legally married same-sex couples could be excluded from several federal benefits, including:
Federal income tax benefits
Social Security survivor benefits
Estate and inheritance protections
Immigration benefits for spouses
Employer-sponsored health coverage
Federal retirement and pension benefits
Military and survivor benefits
These restrictions had practical consequences for couples and their families. For example, a surviving spouse might be denied benefits after losing their partner, even though their marriage was legally recognized by their state.
DOMA created a situation in which a couple could be considered married under state law but unmarried under federal law. This difference in legal recognition eventually became the focus of a major Supreme Court challenge.
Why Did the Defense of Marriage Act Create Legal Problems?
Marriage laws are primarily handled at the state level. States generally establish marriage requirements, issue marriage licenses, and determine the rules governing divorce. However, the federal government also provides numerous legal and financial benefits to married couples.
DOMA created a conflict between these two systems. A same-sex couple could have a valid marriage recognized by their state but still be treated as unmarried when dealing with federal agencies.
This difference affected more than a couple's legal status. It could influence their taxes, financial planning, inheritance rights, and access to government benefits. It also created difficulties when one spouse passed away.
Consider a couple who had spent many years building a life together. Although their state recognized their marriage, federal law could prevent the surviving partner from receiving certain benefits available to other married couples.
These concerns eventually brought the issue before the U.S. Supreme Court in United States v. Windsor.
United States v. Windsor Changed Federal Marriage Recognition
Edith Windsor and Thea Spyer were a same-sex couple who lived in New York and married in Canada. Their marriage was recognized by New York, but the federal government continued to apply DOMA's restrictive definition of marriage.
After Spyer passed away, Windsor received a substantial federal estate tax bill. An opposite-sex surviving spouse in the same circumstances would have qualified for a marital tax exemption.
Windsor challenged the federal law, and the case eventually reached the Supreme Court in 2013.
The Court ruled that Section 3 of DOMA was unconstitutional because it violated the liberty protections of the Fifth Amendment. This decision prevented the federal government from treating legally married same-sex couples differently under that provision.
The ruling opened access to numerous federal benefits, including certain tax advantages, estate protections, and spousal benefits.
However, Windsor did not require every state to issue marriage licenses to same-sex couples. States continued to have different marriage laws, leaving couples with unequal rights depending on where they lived.
That unresolved issue eventually led to another landmark Supreme Court decision.
How the Supreme Court Same-Sex Marriage Ruling Changed the Nation
On June 26, 2015, the Supreme Court issued its decision in Obergefell v. Hodges. The case combined legal challenges involving several states where same-sex couples faced restrictions on marriage.
The couples argued that state laws prohibiting same-sex marriage violated their constitutional rights. The Supreme Court agreed.
The decision recognized marriage as a fundamental right protected by the Constitution and extended that protection equally to same-sex couples. The Court relied on the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
Following the ruling, states could no longer prevent same-sex couples from obtaining marriage licenses. They were also required to recognize valid same-sex marriages performed in other states.
Before Obergefell, marriage rights varied significantly across state lines. After the decision, same-sex couples gained the right to marry regardless of their state of residence.
This change also provided greater legal certainty for couples who traveled, relocated, or moved between states. Their marriages could no longer be disregarded simply because they crossed state borders.
You can review the Supreme Court's Obergefell opinion to understand the constitutional reasoning behind this decision.
Understanding the Constitutional Protections
Two constitutional amendments played important roles in these legal developments: the Fifth Amendment and the Fourteenth Amendment.
The Fifth Amendment places limits on the federal government's authority and protects individuals against certain forms of government interference with their liberty. The Fourteenth Amendment provides constitutional protections against state government actions that violate due process or equal protection.
These distinctions explain the reasoning behind the two landmark decisions.
In United States v. Windsor, the Supreme Court examined a federal law and relied on the Fifth Amendment's liberty protections.
In Obergefell v. Hodges, the Court considered state marriage restrictions and determined that they violated the Fourteenth Amendment's Due Process and Equal Protection Clauses.
Together, these decisions established important constitutional protections for same-sex couples at both the federal and state levels.
DOMA, Windsor, and Obergefell: Understanding the Differences
Although these legal developments are closely connected, each addressed a different issue.
Defense of Marriage Act (1996): Restricted federal recognition of same-sex marriages and allowed states to refuse recognition of marriages performed elsewhere.
United States v. Windsor (2013): Invalidated DOMA's federal definition of marriage under Section 3.
Obergefell v. Hodges (2015): Established the constitutional right of same-sex couples to marry throughout the United States.
Respect for Marriage Act (2022): Repealed DOMA and established additional federal and interstate marriage recognition protections.
The progression is important. DOMA restricted recognition, Windsor removed a major federal restriction, and Obergefell established marriage equality nationwide. Congress later reinforced marriage recognition through additional legislation.
New Jersey's Role in Marriage Equality
New Jersey also played an important part in the development of same-sex marriage rights.
In 2006, the New Jersey Supreme Court decided Lewis v. Harris. The Court determined that same-sex couples were entitled to the same legal protections and benefits afforded to opposite-sex couples. In response, the state established civil unions.
However, civil unions did not provide the same federal recognition as marriage. This distinction became increasingly difficult to justify following the Supreme Court's 2013 decision in Windsor.
The issue reached another New Jersey court in Garden State Equality v. Dow. The court determined that excluding same-sex couples from marriage violated the state's equal protection requirements.
Consequently, same-sex couples began legally marrying in New Jersey in October 2013, nearly two years before the nationwide Obergefell decision.
New Jersey later strengthened its protections through state legislation. In 2021, the state established that marriage and civil union laws must be interpreted using gender-neutral language.
These developments mean that New Jersey's marriage equality protections are supported by state law in addition to federal constitutional protections.
What Does the Respect for Marriage Act Provide?
Congress passed the Respect for Marriage Act in 2022, and President Joe Biden signed it into law on December 13 of that year.
The legislation formally repealed DOMA and established additional protections for legally recognized marriages.
Under the Act, the federal government must recognize a marriage that was legally valid in the state or jurisdiction where it was performed. It also requires states to recognize qualifying marriages performed in other states, regardless of the spouses' sex, race, ethnicity, or national origin.
This legislation is significant because constitutional court decisions and federal statutes provide different forms of legal protection.
While Obergefell established the constitutional right to marry, the Respect for Marriage Act created additional statutory protections for marriage recognition.
You can read the Respect for Marriage Act to learn more about its provisions.
Does the Respect for Marriage Act Replace Obergefell?
No. The Respect for Marriage Act and Obergefell v. Hodges serve different legal purposes.
The Supreme Court's decision requires states to issue marriage licenses to same-sex couples and recognize valid marriages performed elsewhere.
The Respect for Marriage Act focuses on federal recognition and recognition of qualifying out-of-state marriages. It does not independently establish the nationwide constitutional right to obtain a same-sex marriage license.
Therefore, Obergefell continues to play an essential role in protecting marriage equality.
Having both constitutional and legislative protections provides additional legal safeguards. Although either form of protection could face future legal or legislative challenges, they operate through separate legal mechanisms.
Why Does Marriage Recognition Across State Lines Matter?
Before the Supreme Court invalidated the relevant provisions of DOMA, couples could face different legal treatment when moving from one state to another.
Section 2 of DOMA allowed states to disregard certain same-sex marriages legally performed elsewhere. This created uncertainty for couples who relocated or traveled across state boundaries.
Today, Obergefell and the Respect for Marriage Act provide important protections against this problem.
The Supreme Court decision requires states to recognize valid same-sex marriages, while the federal legislation establishes additional recognition requirements in covered circumstances.
As a result, couples have greater certainty that their marital status will remain legally recognized when they move between states.
Can the Supreme Court Reconsider Obergefell?
The Supreme Court has the authority to reconsider and overturn its previous decisions. However, it does not automatically agree to hear every case challenging an established ruling.
Concerns about the future of marriage equality increased after the Court overturned Roe v. Wade in 2022. The decision also prompted broader discussions about other constitutional precedents.
Justice Clarence Thomas raised questions about reconsidering certain previous decisions in his separate opinion in Dobbs. This contributed to public concern about whether the constitutional right to same-sex marriage could face a similar challenge.
Nevertheless, Obergefell remained in effect.
The issue received renewed attention when another case asked the Supreme Court to reconsider the 2015 decision.
The Kim Davis Petition
Kim Davis, a former county clerk in Kentucky, became involved in a legal dispute after refusing to issue marriage licenses to same-sex couples following Obergefell. She cited her religious beliefs as the reason for her refusal.
The dispute resulted in legal proceedings and a damages award against her. Davis later petitioned the Supreme Court to review the judgment and reconsider its earlier marriage equality decision.
On November 10, 2025, the Supreme Court declined to hear her petition. The Court did not provide an explanation for its decision.
Importantly, denying the petition did not create a new constitutional rule or independently reaffirm every aspect of Obergefell. However, the 2015 decision remained in effect, and the judgment against Davis was left standing.
Therefore, as of October 2026, same-sex marriage remains legally protected throughout the United States under the existing Supreme Court ruling.
How Do Religious Freedom and Marriage Equality Intersect?
Marriage equality has also raised questions about the relationship between constitutional marriage rights and religious freedom.
In Obergefell, the Supreme Court acknowledged that individuals and religious organizations retain First Amendment protections allowing them to express and teach their beliefs about marriage.
The Respect for Marriage Act also addresses religious liberty. It does not eliminate existing protections for religious freedom and provides certain protections for religious organizations and nonprofit entities.
For example, qualifying religious organizations generally cannot be required to provide facilities or services for the solemnization or celebration of a marriage.
These legal principles address different constitutional concerns. Recognizing a couple's legal right to marry does not automatically eliminate religious liberty protections.
Disputes may still arise when these interests intersect, but they do not change the existing constitutional right of same-sex couples to marry.
Four Common Misunderstandings About Same-Sex Marriage Rulings
Several misconceptions continue to surround the major court decisions and federal legislation involving marriage equality. Understanding the differences can help clarify the current legal position.
Myth 1: United States v. Windsor legalized same-sex marriage nationwide.
This is incorrect. The 2013 decision invalidated Section 3 of DOMA, which defined marriage for federal purposes. It did not require every state to allow same-sex marriages. That nationwide protection came through Obergefell in 2015.
Myth 2: The Respect for Marriage Act replaced Obergefell.
The legislation did not replace the Supreme Court decision. The Act provides statutory recognition protections, while Obergefell establishes the constitutional right to marry.
Myth 3: The Kim Davis petition overturned the 2015 ruling.
The Supreme Court declined to review the petition in November 2025. Its decision did not overturn or modify Obergefell, which remains controlling law.
Myth 4: A new lawsuit automatically changes marriage equality laws.
Filing a lawsuit does not immediately change existing legal protections. A case must proceed through the appropriate courts, and the Supreme Court must agree to review it before issuing a decision that could affect established precedent.
Until a court issues a ruling that changes the applicable law, existing protections remain in place.
What Legal Protections Are Available Today?
Same-sex couples currently benefit from several layers of legal protection:
Constitutional protection: Obergefell v. Hodges establishes the right to same-sex marriage throughout the United States.
Federal recognition: The Respect for Marriage Act requires federal recognition of qualifying marriages.
Interstate recognition: The Act also establishes requirements for recognizing valid marriages performed in other states.
Additional state protections: New Jersey has enacted its own measures supporting marriage equality.
Together, these protections provide an important legal foundation for same-sex couples and their families.
In New Jersey, same-sex couples can legally marry, receive recognition of their marriages, and pursue divorce through the state's family court system when their relationship ends.
Could Future Court Cases Change Same-Sex Marriage Laws?
Future legal challenges involving marriage equality remain possible. However, the possibility of a lawsuit does not mean existing rights have already changed.
A case must move through the legal system, and the Supreme Court must decide whether to review it. Even after accepting a case, the Court must issue a decision before the applicable legal rules can change.
The Kim Davis petition provides a recent example. Although Davis asked the Supreme Court to reconsider Obergefell, the Court declined to hear the case.
Meanwhile, the Respect for Marriage Act and additional state-level protections provide further legal safeguards.
Understanding these different sources of protection is important when evaluating claims that marriage equality laws may change in the future.
A Timeline of Important Marriage Equality Developments
The following dates highlight the major legal developments that shaped same-sex marriage rights in the United States:
1996: Congress passes the Defense of Marriage Act.
2006: The New Jersey Supreme Court issues its decision in Lewis v. Harris.
2013: The Supreme Court invalidates Section 3 of DOMA in United States v. Windsor.
October 2013: Same-sex couples begin legally marrying in New Jersey.
June 26, 2015: The Supreme Court establishes nationwide marriage equality through Obergefell v. Hodges.
2021: New Jersey strengthens its marriage equality protections through gender-neutral statutory language.
December 13, 2022: The Respect for Marriage Act becomes federal law.
November 10, 2025: The Supreme Court declines to hear Kim Davis's petition challenging Obergefell.
What Does This Legal History Mean for You?
The history of the Defense of Marriage Act demonstrates how significantly family law can change through legislation and court decisions.
In 1996, federal law restricted the recognition of same-sex marriages. The Supreme Court challenged those restrictions in 2013, established nationwide marriage equality in 2015, and Congress added further protections in 2022.
New Jersey also developed its own legal protections during this period.
Understanding this history is important because marital status can affect several aspects of family law. For married couples, these issues may include property division , spousal support, child custody, taxes, and financial responsibilities.
Divorce can also raise additional questions for same-sex couples, particularly when a relationship began before marriage equality became legally recognized. The timing of a marriage, the ownership of property, and the length of a relationship may all be relevant to certain legal issues.
If you are married, maintaining your marriage certificate and other important legal and financial documents can be helpful. Keeping records of significant dates and events can also make it easier to address questions about your marital history.
Speak With a New Jersey Family Law Attorney
Although marriage equality has changed the legal landscape, every marriage involves its own circumstances. When a same-sex marriage ends, couples may need to address property distribution, alimony, child custody, and other family law matters.
The Law Office of Jennifer J. McCaskill, LLC represents families throughout Monmouth County and handles LGBTQA+ divorce matters . The firm's family law services include assistance with property division, spousal support, custody arrangements, and marital agreements.
If you have questions about your legal rights or are considering ending your marriage, speaking with an experienced New Jersey family law attorney can help you understand your options.
Call 732-647-9256 to request a free case evaluation.
