In the last decade, the number of same-sex married households more than quadrupled. Same-sex couples were 1.2% of all households with married couples in 2021, according to the latest American Community Survey data. These numbers have continued to increase consistently over the past few decades.
The right to same-sex marriage is currently protected through the 2015 Supreme Court case Obergefell v. Hodges. At the time of the Obergefell case, 28 states had constitutions banning same-sex marriage, and four states had laws banning the practice. If the case were overturned, the issue would return to state regulation.
Following the Dobbs v. Jackson Women's Health Organization decision in June 2022, which overturned the constitutional right to an abortion, a bill was proposed in the House of Representatives to federally regulate the right to same-sex and interracial marriage. This bill, titled the Respect for Marriage Act, passed the Senate with revisions on November 29, 2022. The Respect for Marriage Act repeals the Defense of Marriage Act, which defined marriage between one man and one woman. It also requires states and the federal government to respect gay marriages in the states where it is legal.
