As of August 2011, there are 41 states that ban same-sex marriage, mostly by Constitution. Minnesota has a state law prohibiting same-sex marriage, but will have a referendum on the ballot in November 2012 to include the ban in the state constitution.
The nine states plus Washington, D.C., which do not ban same-sex marriage are:
| State (or D.C.) | History | Comments |
|---|---|---|
| Connecticut | Same-sex marriage was legalized by decision of the state Supreme Court in 2008. | |
| Iowa | Same-sex marriage was legalized by decision of the state Supreme Court in 2009. | After imposing same-sex marriage, three justices were removed from office in their retention election in November 2010. |
| Maryland | Legislation legalizing same-sex marriage was enacted in 2012. | Voters approved the same-sex marriage law in a referendum in November 2012. |
| Massachusetts | by decision of its Supreme Court | subsequently property values declined and many left the state[Citation Needed] |
| New Hampshire | ||
| New York | same-sex marriage became law in June 2011 | |
| Rhode Island | Legislation legalizing same-sex marriage was enacted in 2013. | |
| Vermont | ||
| Washington | Legislation legalizing same-sex marriage was enacted in 2012. | Voters approved the same-sex marriage law in a referendum in November 2012. |
| Washington, D.C. |