<P> The legal issues surrounding same - sex marriage in the United States are determined by the nation's federal system of government, in which the status of a person, including marital status, is determined in large measure by the individual states . Prior to 1996, the Federal Government did not define marriage; any marriage recognized by a state was recognized by the Federal Government, even if that marriage was not recognized by one or more states, as was the case until 1967 with interracial marriage, which some states banned by statute . </P> <P> Prior to 2004, same - sex marriage was not performed in any U.S. jurisdiction . It was subsequently legalized in different jurisdictions through legislation, court rulings, tribal council rulings, and popular vote in referenda . </P> <P> The Supreme Court's ruling in Obergefell renders moot any remaining legal challenges, as it specifically orders states to both issue marriage licenses to same - sex couples, and to recognize as valid marriages performed in other states . </P> <P> According to the Federal Government's Government Accountability Office (GAO) in 2004, more than 1,138 rights and protections are conferred to U.S. citizens upon marriage by the Federal Government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law . </P>

If a couple is married in one state they are married in all 50 states due to the