POMS Reference

GN 00210: Same-Sex Marriage Claims

TN 27 (02-16)

A. When to use this information about when states and U.S. Territories permitted same-sex marriages

Use this information as a factor in the determination of whether a marriage was validly entered into.

If the marriage occurred on or after the date in Column II, we will presume that the marriage is valid as of the date it was celebrated.

The question of whether a particular marriage was validly celebrated is different from the question of whether the law of the relevant state or territory recognized the marriage. All states must permit same-sex marriage and recognize valid same-sex marriages from other states.

1. When to request a legal opinion

If the date of marriage was not during a period when the state or territory (that issued the marriage license) permitted same-sex marriages, request a legal opinion per GN 01010.815.

2. Title XVI claims

For Title XVI claims, appeals, and post-eligibility actions, also refer to GN 00210.800.

B. States

COLUMN I

COLUMN II

State

Date Same-Sex Marriages Were First Permitted in the State

Alabama

February 9, 2015

Alaska

October 17, 2014

Arizona

October 17, 2014

Arkansas

May 9, 2014 through May 16, 2014;

June 26, 2015 to present

California

June 16, 2008 through November 4, 2008;

June 26, 2013 to present

Colorado

June 25, 2014 through July 18, 2014;

October 6, 2014 to present

Connecticut

November 12, 2008

Delaware

July 1, 2013

District of Columbia

March 9, 2010

Florida

January 5, 2015

Georgia

June 26, 2015

Hawaii

December 2, 2013

Idaho

October 15, 2014

Illinois

December 16, 2013

Indiana

June 25 through June 27, 2014;

October 6, 2014 to present

Iowa

April 20, 2009

Kansas

November 12, 2014

Kentucky

June 26, 2015

Louisiana

June 26, 2015

Maine

December 29, 2012

Maryland

January 1, 2013

Massachusetts

May 17, 2004

Michigan

March 21 through 22, 2014;

June 26, 2015 to present

Minnesota

August 1, 2013

Mississippi

June 26, 2015

Missouri

June 25, 2014

Montana

November 19, 2014

Nebraska

June 26, 2015

Nevada

October 9, 2014

New Hampshire

January 1, 2010

New Jersey

October 21, 2013

New Mexico

August 21, 2013

New York

July 24, 2011

North Carolina

October 10, 2014

North Dakota

June 26, 2015

Ohio

June 26, 2015

Oklahoma

October 6, 2014

Oregon

May 19, 2014

Pennsylvania

May 20, 2014

Rhode Island

August 1, 2013

South Carolina

November 19, 2014

South Dakota

June 26, 2015

Tennessee

June 26, 2015

Texas

June 26, 2015

Utah

December 20, 2013 through January 6, 2014;

October 6, 2014 to present

Vermont

September 1, 2009

Virginia

October 6, 2014

Washington

December 6, 2012

West Virginia

October 9, 2014

Wisconsin

June 6 through June 13, 2014;

October 6, 2014 to present

Wyoming

October 21, 2014

C. U.S. Territories

COLUMN I

COLUMN II

U.S. Territory

Date Same-Sex Marriages Were First Permitted in the U.S. Territory

American Samoa

June 26, 2015.

Guam

June 9, 2015

Northern Mariana Islands

June 26, 2015

Puerto Rico

June 26, 2015

U.S. Virgin Islands

June 26, 2015