📅 2026 Update: Recent Changes in US Marriage Law

Since the original article was written, several significant changes have occurred in US marriage law, particularly regarding same-sex marriage. Key developments include the removal of state bans and new legislation that strengthens marriage equality. The earlier article continues further down the page, covering foundational aspects of marriage law.

🌈 Colorado's Progress on Same-Sex Marriage

In November 2024, Colorado voters approved a measure to remove the state's constitutional ban on same-sex marriage. This ban was previously deemed unconstitutional. By March 2025, Colorado's legislature passed Senate Bill 25-014, officially legalizing same-sex marriage in the state.

These changes reflect a growing acceptance and recognition of marriage equality.

📜 The Respect for Marriage Act

On December 13, 2022, the Respect for Marriage Act was signed into law, repealing the Defense of Marriage Act (DOMA). This legislation codified marriage equality protections, ensuring that both same-sex and interracial marriages are recognized across all states. The act also includes provisions to safeguard religious freedoms.

✍️ Upcoming Changes in Virginia

In January 2026, Virginia's House of Delegates passed a resolution to place a same-sex marriage amendment on the ballot for November 2026. This step indicates that Virginia may soon join other states in solidifying marriage equality, further expanding rights for same-sex couples.

🏛️ State-Specific Laws Remain

Despite the progress made, some states still have outdated constitutional amendments or statutes that define marriage as between one man and one woman. However, these laws are unenforceable due to federal protections established by the Respect for Marriage Act.

📌 Key Points

  • Marriage equality is now recognized in all 50 states.
  • Colorado and California removed bans on same-sex marriage in 2024.
  • Virginia will vote on a same-sex marriage amendment in November 2026.
  • The Respect for Marriage Act protects marriage equality and religious freedoms.

💡 Tips for Navigating Marriage Law

Review all details of your situation with your attorney to ensure compliance with current laws and requirements.

📝 Understand Marriage License Costs

Marriage license fees can vary widely by state and county. For example, California charges around $105, while New York City has a fee of about $35. Be sure to check the specific fees in your area.

📃 Prepare for Prenuptial Agreements

Drafting a prenuptial agreement typically costs between $1,200 and $2,400. This cost can depend on the complexity of the agreement and the attorney's fees. It's crucial to discuss your financial situation with your partner early on.

⏰ Know Processing Times

Processing times for marriage licenses differ by state. Some states issue licenses immediately, while others may have a waiting period of up to three days. Be aware of these timelines when planning your wedding.

📅 Be Aware of License Expiry

Marriage licenses usually have an expiration date ranging from 30 to 90 days, depending on the state. Always confirm the validity period to ensure your marriage is legal.

📑 Execute Prenuptial Agreements Early

To make sure a prenuptial agreement is enforceable, have it executed well in advance of your wedding day. This allows both parties enough time to review and understand the terms.

🏆 Services Ranked by User Reviews (2026)

This section reviews services related to marriage law, such as document preparation and legal assistance. The rankings reflect Trustpilot data as of October 2026. It's essential to note that star ratings are just one aspect to consider, as unhappy customers tend to leave more reviews, affecting overall scores.

🥇 1. 3StepDivorce

3StepDivorce has been rated 2.6. It is known for online divorce document preparation and providing step-by-step filing guidance. However, some users have reported mixed experiences regarding customer support and document accuracy, which may affect your experience.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a Trustpilot rating of 4.5. This service is recognized for its affordable legal document preparation and a variety of online legal services. A caveat to consider is its subscription model, which may lead to unexpected charges if not monitored carefully.

🥉 3. LegalZoom

LegalZoom averages 4.6. It is known for offering comprehensive legal services, including assistance with business formation. Some reviewers have reported delays and communication issues, so it's wise to plan ahead when using their services.

🆓 Free Legal Assistance

Nonprofit organizations provide free or low-cost legal help for drafting prenuptial agreements. Additionally, some states have online resources available for marriage license applications, which can help you navigate the process without incurring extra costs.

🔎 Considerations When Choosing Services

  • 📄 Document accuracy: Ensure the service provides reliable document preparation.
  • 💲 Cost structure: Understand the fee structure to avoid unexpected charges.
  • ⏳ Processing times: Check how long it takes for documents to be processed.
  • 📞 Customer support: Investigate the level of customer service provided.
  • 📝 Types of services: Determine what specific legal needs you require.

❓ Frequently Asked Questions

❔ What is the current status of same-sex marriage in the U.S.?

Same-sex marriage is now legal in all 50 states, the District of Columbia, and U.S. territories, following the repeal of the Defense of Marriage Act and the enactment of the Respect for Marriage Act.

💍 How do I apply for a marriage license?

To apply for a marriage license, couples must complete an application, provide valid identification, and pay the applicable fee. Requirements can vary by state, so check your local regulations.

📑 What should I include in a prenuptial agreement?

A prenuptial agreement should include full disclosure of both parties' assets and liabilities, agreed-upon terms, and be notarized. This ensures both parties understand and consent to the agreement.

⏳ How long is a marriage license valid?

Marriage licenses usually expire between 30 to 90 days, depending on the state. It's important to check the specific expiration time in your state to ensure the marriage is valid.

🔍 Are there any free resources for marriage legal help?

Yes, nonprofit organizations and state resources may offer free or low-cost legal assistance for marriage-related matters, including prenuptial agreements and marriage licenses.

🔄 Can same-sex couples annul their marriage?

Yes, same-sex couples have the same rights as opposite-sex couples regarding annulment and divorce. Procedures for annulment may vary by state, so it is essential to consult state laws.

⚖️ Recent Cases Related to Marriage Law

Recent court rulings have continued to shape marriage law in the U.S., reinforcing marriage equality and addressing related legal issues. These cases reflect ongoing developments in the legal landscape of marriage rights.

For the latest updates, browse more rulings on the news page.

End of October 2026 Update





Full Text of the Federal Defense of Marriage Act 1996


Public Law 104-199

104th Congress

An Act To define and protect the institution of marriage. Be it enacted by the Senate and House of Representatives of the

The United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Defense of Marriage Act''.

Defense of Marriage Act Text

SEC. 2. POWERS RESERVED TO THE STATES.

(a) In General.--Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following: ``Sec. 1738C. Certain acts, records, and proceedings and the effect thereof ``No State, territory, or possession of the United States, or Indian tribe shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.''.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item: ``1738C. Certain acts, records, and proceedings and the effect thereof.''.

SEC. 3. DEFINITION OF MARRIAGE.

(a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``Sec. 7. Definition of `marriage' and `spouse' ``In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word `spouse' refers only to a person of the opposite sex who is a husband or a wife.''.

📝 See Also

[[Page 110 STAT. 2420]]

(b) Clerical Amendment.--The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item: ``7. Definition of `marriage' and `spouse'.''.

Approved September 21, 1996.

LEGISLATIVE HISTORY--H.R. 3396:

HOUSE REPORTS No. 104-664 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 11, 12, considered and passed House.

Sept. 10, considered and passed Senate.

Introduction


The Defense of Marriage Act (DOMA) was a federal law in the United States that defined marriage as a union between a man and a woman. The law was signed by President Bill Clinton in 1996 and remained in effect until it was struck down as unconstitutional in 2013. DOMA was a highly controversial law that sparked debates about state rights, religious freedom and civil rights. In this article, we will review the text of the Defense of Marriage Act, its impact on the country and the legal challenges it faced.

DOMA Background


In the years leading up to DOMA, same-sex marriage was not legally recognized in any U.S. states. However, a few states began granting same-sex couples limited legal recognition through civil unions or domestic partnerships. This led to concerns among opponents of same-sex marriage that these legal unions would lead to same-sex marriage becoming legally recognized across the country.

In response to this concern, Congress passed DOMA in 1996. The law defined marriage for federal purposes as a union between one man and one woman, which included benefits, taxes, and immigration. The law also stated that no state could be required to recognize a same-sex marriage that occurred in another state. DOMA was passed with bipartisan support and signed into law by President Clinton.

The main rationale behind DOMA was to prevent homosexual couples from obtaining federal benefits through marriage. This was controversial because it was widely believed that DOMA was an attack on the civil rights of homosexuals. Defenders of DOMA argued that it was a necessary defense of traditional marriage values. Regardless of its intention, DOMA polarized the nation and became the focal point for civil rights activists who were advocating for equal rights for all.

DOMA Text


Section 1 of DOMA states that ""In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse’ refers only to a person of the opposite sex who is a husband or a wife.""

This section is significant because it clarifies that marriage, for federal purposes, is exclusively between one man and one woman. This means that same-sex couples are prohibited from receiving any federal benefits that are reserved for married couples. In addition, this section effectively nullified any same-sex marriages that were recognized by certain states or foreign countries.

Section 2 of DOMA states that ""No state, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.""

This section is very consequential because it essentially gives states the right to ignore the legal recognition of same-sex marriage in other states. This means that if one state recognizes same-sex marriage while another does not, the second state can refuse to recognize the legality of same-sex marriage, even if the couple legally married in the first state. The impact of this section is far-reaching and has implications not just for same-sex marriages, but also for other types of legal recognition, like civil unions and domestic partnerships.

DOMA Impact


The impact of DOMA on same-sex couples was undeniable. The law effectively denied same-sex couples the benefits and protections afforded to other married couples, such as Social Security survivor benefits, spousal health insurance coverage, and the ability to file joint tax returns. This created a significant financial and legal disadvantage for same-sex couples that was not faced by heterosexual couples.

DOMA was a massive hurdle to the progression of civil liberties for LGBT people. LGBT people suffered periods of discrimination and the law threatened to prolong this legacy by preventing them from receiving equal treatment. The consequences of DOMA were weighty and profound. It sent a message to LGBT people that they were not considered important enough by their country to be treated as equals. For many, this was not acceptable.

Legal Challenges To DOMA


From the moment DOMA was passed, it was highly contested. LGBT activists saw the law as a blatant violation of civil rights, while conservative groups viewed it as a necessary defense of traditional marriage values. Despite these opposing views, legal challenges began soon after its enactment.

One of the most significant legal victories against DOMA was United States v. Windsor. In this case, an 84-year-old New Yorker named Edith Windsor was denied the tax exemption for surviving spouses because she was in a same-sex marriage with her partner Thea Spyer. Windsor sued the federal government, arguing that DOMA was unconstitutional because it defined marriage exclusively as a union between one man and one woman. In 2013, the Supreme Court of the United States declared that Section 3 of DOMA was indeed unconstitutional under the Equal Protection Clause of the Fifth Amendment.""

Another important challenge to DOMA was Hollingsworth v. Perry. In this case, same-sex couples sought to have California's Prop 8, which prohibited same-sex couples from marrying, ruled unconstitutional. The case ultimately went to the Supreme Court, which ruled that proponents of Prop 8 had no legal standing to defend the law since it was later vetoed by a state official, allowing California to practice same-sex marriage.

In conclusion, the Defense of Marriage Act was a controversial law that was passed in 1996. It defined marriage for federal purposes as a union between one man and one woman and barred same-sex couples from receiving federal benefits that are reserved for married couples. The law polarized the nation and became the focal point for civil rights activists who were advocating for equal rights for all. Legal challenges like United States v. Windsor and Hollingsworth v. Perry were key milestones in the fight-based discrimination and discriminatory state laws. DOMA’s fall brought tremendous change for the LGBTQ+ Americans, but the fight for diversity, equality, and love remains.