theFutuReoFSame-SexmaRRiageRightS
Diversity, Equity & Inclusion Committee
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new same-sex marriages could become unavailable in those jurisdictions. Existing marriages might remain valid under the respect for Marriage Act( rFMA), but other marital rights— particularly those governed by state law such as adoption, property distribution, or health care decisionmaking— could be jeopardized.
The Respect for Marriage Act: Safeguards and Limitations
The respect for Marriage Act( rFMA), 10 signed into law in December 2022, repealed DOMA and ensures that the federal government, as well as all states, recognize marriages that were legally performed elsewhere, including same-sex and interracial marriages. The statute specifically requires states to provide full faith and credit to out-of-state marriages, even if those states do not issue licenses themselves.
However, the rFMA does not mandate that states continue to perform same-sex marriages if Obergefell is overturned. Its protection is retrospective and recognitionbased, not proactive. Consequently, the rFMA functions as a legal shield but not a sword— it cannot restore marriage equality in states that would prohibit it absent a federal constitutional mandate.
State-Level Protections for Marriage Equality
Marriage equality would remain unaffected in states that have codified it independently of Obergefell. These include jurisdictions with statutory protections such as new York, 11 California, 12 and Oregon. 13 Additionally, some states have constitutional amendments enshrining marriage equality, such as nevada, which amended its constitution in 2020 14 to explicitly recognize same-sex marriage. Couples in these jurisdictions would continue to enjoy full legal recognition and access to the benefits of marriage regardless of federal developments.
As of 2025, 15 states and the District of Columbia have no statutory or constitutional bans on same-sex marriage, offering robust state-level protections. However, 25 states maintain both statutes and constitutional amendments banning same-sex marriage, and an additional 10 states have one or the other. 15 These bans remain unenforceable only so long as Obergefell stands.
International Recognition and Risks globally, recognition of samesex marriage varies significantly. nations such as Canada, the netherlands, Spain, South Africa, Australia, and much of Western Europe have enacted full marriage equality, offering legal protections equivalent to those enjoyed by opposite-sex couples. As of 2025, same-sex marriage is legally recognized in at least 38 countries including Argentina, Brazil, germany, Ireland, Mexico, new Zealand, Taiwan, Thailand, and the United Kingdom. 16 In these countries, American same-sex marriages are generally recognized without complication, facilitating international travel, residency, and spousal benefits. However, many regions— particularly parts of Asia, Africa, and the Middle East— do not recognize same-sex marriages and may even criminalize same-sex relationships.
For example, American couples relocating to countries such as Saudi Arabia, nigeria, or russia could face legal persecution or total denial of marital rights. 17
If Obergefell were reversed, American same-sex couples living abroad or engaging in cross-border legal matters such as adoption, inheritance, and immigration could face complex barriers. A couple legally married in the U. S. might not be recognized as such by foreign governments or international organizations, potentially affecting visa applications, spousal residency status, or the ability to adopt children. U. S. embassies and consulates may also encounter difficulties in providing consular assistance where host countries do not acknowledge the marital relationship. Additionally, binational couples where one partner relies on U. S. immigration protections tied to their marital status could see those protections undermined. If federal recognition were rolled back, green card applications, adjustment of status, and other spousal immigration benefits might be placed at risk.
In short, international risks compound domestic vulnerabilities, especially in a globalized world where families often cross borders for work, education, or personal reasons.
Must-Have Legal Documents: Securing Rights Beyond Marriage
In any shifting legal landscape, estate planning and relationship protections become essential. Samesex couples should execute several core documents. A Durable Power of Attorney grants legal authority
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