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Is my marriage safe? Where same-sex marriage stands in fall 2026
The Supreme Court turned down the Kim Davis case, and the Respect for Marriage Act is still law. States are testing the edges anyway.
Short answer: Yes, your marriage is legal and valid in every state today. Nothing that has happened in 2026 changes that.
What protects you
- Obergefell v. Hodges (2015) says states must issue marriage licenses to same-sex couples and recognize those marriages.
- The Supreme Court declined to revisit it on Nov. 10, 2025, when it turned away former Kentucky clerk Kim Davis's petition. No justice publicly dissented from that denial.
- The Respect for Marriage Act (2022) is a federal law requiring every state to recognize marriages legally performed in other states. If Obergefell ever fell, this law would still stand.
What is being tested
- Tennessee's HB 1473 says private people and organizations do not have to recognize same-sex marriages. Critics warn it could affect things like family leave at small employers. It does not change the state's duty to issue licenses.
- A new case from Texas is being built with the explicit goal of giving the Supreme Court a cleaner shot at Obergefell.
- Justices Thomas and Alito have both written that they would revisit the decision. Two votes are not five, but it is worth watching.
What to do anyway
Legal recognition is strong right now. Paperwork is how you make sure it stays strong for your family no matter what courts or employers do: certified marriage certificates, wills, powers of attorney, health care proxies and, for parents, a court judgment of parentage. The full checklist is on Protect yourself.