You’ll Want to Keep an Eye on This Marriage Legislation in 2025

Which Marriage Laws Are Changing in Your State in 2025? Take a Look at the Legislation to Watch

 

As the new year begins, let’s take a look at some of the marriage laws that might be changing in states around the country. This proposed marriage legislation could affect same-sex marriage rights, child marriage laws (age of constent to marry), and more. 

 

This isn’t a complete list; new legislation will continue to be introduced in the months to come. We’ll continue to keep you updated on the legislation that’s most likely to impact wedding officiants in each state, as well as the couples they serve and marry.

 

 

Legislation About:

Same-Sex Marriage Protections & Threats

 

• Idaho HJM 001

A resolution asking the US Supreme Court to reverse their ruling in Obergefell v Hodges and overturn federal same-sex marriage protections

 

Idaho lawmakers have introduced a resolution calling on the Supreme Court to overturn their ruling in the case that legalized same-sex marriages across the country (Obergefell v. Hodges). Lawmakers claim the decision violates states rights, and the state’s ability to make its own laws regarding marriage. 

 

Resolutions like this do not carry the weight of law; they voice an opinion on current laws and important social issues. If this were to pass in both chambers, it would be sent to the Supreme Court, where it would be viewed as the opinion of state legislators. 

 

Although this is not a proposed law, it’s a dangerous message, and one of many recent attacks against marriage equality. This resolution represents a growing risk to the marriage rights of same-sex LGBTQ+ couples and their families.

 

Sponsor/s: House State Affairs Committee Committee    

 

Related: What Wedding Officiants Should Know About Project 2025 & Gay Marriage

 

 

• Florida SB 144

To repeal a defunct same-sex marriage ban from the state’s laws

 

Florida lawmakers hope to repeal an outdated (an unenforceable) law which says same-sex marriages cannot be legally recognized in the state, and that defines legal marriage as existing only between opposite-sex partners. 

 

Repealing this law would help protect marriage equality at the state level if federal protections for same-sex marriages are ever reversed. This defunct law also contradicts the 2022 Respect for Marriage Act, which requires all states to recognize a same-sex marriage that has been legally entered into in another state. 

 

Sponsor/s: Senator Tina Polsky [D]

 

 

• Virginia SJR 249

A resolution calling to repeal a same-sex marriage ban from the state’s constitution and to add explicit protections for marriage equality

 

Legislators in Virginia have introduced a resolution calling for amendments to the state’s constitution, which would repeal a defunct (unenforceable) ban on same-sex marriages, and add new language that explicitly protects the right for adults to marry regardless of sex, gender, or race. 

 

Amending the state’s constitution would protect marriage equality at the state level if federal protections for same-sex marriages are ever reversed. Lawmakers repealed a statutory same-sex marriage ban in 2020, but the constitutional ban remains. 

 

Sponsor/s: Senator Adam Ebbin [D] ; Senator Ghazala Hashmi [D]

 

Read about previous efforts to repeal same-sex marriage bans in Florida and Virginia: (2022)              Lawmakers in Florida and Virginia take steps to codify same-sex marriage  

 

Lawmakers in Idaho are calling for the Supreme Court to reverse it's landmark ruling in Obergefell v Hodges, which legalized same-sex marriage across the country in 2015. Meanwhile, lawmakers in Virginia and Florida seek to strengthen state-level protections for LGBTQ+ and interracial marriage. (Photo: Tempura / iStock)

 

 

Legislation About:

Wedding Officiants & Who Can Officiate Marriage

 

• Texas HB 1044

To recognize additional clergy who can officiate a marriage ceremony in Texas

 

This bill would add several types of clergy to the list of people who can legally officiate a wedding in Texas, such as a Buddhist monk or priest, a Hindu pundit, a Muslim imam, and a Sikh granthi. It also clarifies the authority of a “person who is authorized by a religious organization to conduct a marriage ceremony.” 

 

This legislation wouldn’t impact online-ordained ministers (including AMM Ministers); it clarifies the diversity of clergy who perform weddings in Texas.

 

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Laws that help celebrate and protect the diversity of faith and marriage traditions ensure that all couples are able to have the ceremony they want -- a wedding that represents their values, their cultures, and what makes their love special. (Photo: Carsten Vollrath)

 

Legislation About:

Child Marriage Laws

 

• Missouri HB 484

To raise the legal marriage age to 18 years old, with exceptions for emancipated minors who are at least 16 years old (provided their partner is not yet 21 years old or older)

 

Lawmakers in Missouri introduced a bill that would ban child marriage in the state, with some exceptions in place for emancipated minors who are at least 16 years old. In these cases, emancipated minors could marry, provided that the other party is no older than 20 years old. Currently, children who are 16 or 17 can marry in MO with parental consent, if their partner is not 21 years old or older.

 

Sponsor/s: Representative Wendy Hausman [R]

 

 

• Missouri SB 66

To raise the legal marriage age to 18 years old, without exceptions

 

Similar to the legislation above, this bill would raise the legal age of marriage from 16 to 18 in Missouri. There would be no exceptions for emancipated minors. 

 

See AMM’s previous coverage: Missouri Lawmakers Consider Raising Marriage Age to 18 in 2025

 

Sponsor/s: Senator Tracy McCreery [D]

 

 

• South Carolina SB 25 

To raise the legal age of marriage to 18 years old, without exceptions

 

Lawmakers in South Carolina hope to raise the legal age to marry from 16 years old to 18 years old. Currently, children as young as 16 who live with a parent or guardian can get married if they have that parent or guardian’s permission. 

Sponsor/s: Senator Bradley Hutto [D]

 

 

• Texas HB 168

To eliminate exceptions to the law that allow emancipated minors to get married in Texas

 

Lawmakers in Texas have introduced legislation that would prohibit emancipated minors from getting married in Texas (the only circumstance in which children can legally marry there). This would make 18 years old the legal age of marriage in Texas, without exception. 

 

Sponsor/s: Representative Jon Rosenthal [D]    

 

 

Lawmakers in Missouri, South Carolina, and Texas are reconsidering the marriage of minors. Raising the minimum age to marry can help protect children from abuse and other negative outcome. (Photo: Dmytro Loboda / iStock)

 

Legislation About:

Applying for / Returning a Marriage License 

 

• Alabama SB33

To require couples to complete a premarital conflict resolution class before they can get married
 
Alabama lawmakers hope to pass a new law that would require all couples to attend premarital conflict resolution class before they can apply for a marriage license. Those in favor of the legislation hope that it will reduce domestic violence in the state. 

 

So far, the bill doesn’t contain information on how much this class would cost, whether discounts would be available to low-income couples, or how many hours they would need to attend.

 

Sponsor/s: Senator Rodger Smitherman [D]

 

 

• Maine HB83

To allow newlyweds to submit their own completed marriage license to the clerk’s office, sharing the responsibility with officiants (and other record keeping details)

 

Lawmakers in Maine have introduced a bill that would allow newlyweds to return their completed marriage license to the clerk’s office after the wedding, rather than placing this responsibility solely on the wedding officiant. (Currently, only the wedding officiant may return a completed license.) The legislation also includes changes to how marriage records are kept and updates to delayed filing provisions.

 

If passed, this law might make it easier to return a marriage license within the state’s mandatory ‘7 working days’ return period. However, it would be very important for the couple and their officiant to decide who will be tasked with this ahead of time, to ensure there is no confusion. 

 

Sponsor/s: Representative Amy Kuhn [D]

 

 

• Washington SB 5116

To waive the 3-day waiting period to marry in cases of medical necessity

 

This bill would make it possible to waive the state’s three-day marriage waiting period when one of the parties to be married is “at risk of imminent death or incapacity.” Couples would provide a doctor’s note when applying for their license and could use the license immediately after it’s issued.

 

Sponsor/s: Representative Leonard Christian [R] ; Representative Marcus Riccelli [D]

 

 

• Virginia HB 1681

To add a gender-neutral marker (X) to official documents, including marriage licenses 

 

Lawmakers in Virginia have introduced legislation that would require a gender-neutral marker (X) to be included on all official documents, alongside markers for male (M) and female (F). 

 

This legislation would provide a new gender marker for nonbinary marriers to help them accurately complete the marriage license application, as well giving parties of any gender the option not to disclose their gender on these documents. 

 

Sponsor/s: Delegate Laura Jane Cohen [D]

 

Related: City of Boston removes gender markers from marriage licenses

 

 

Every state makes its own laws about how and when to apply for a marriage license, and how much time a couple and their officiant have to return the license after a wedding ceremony. (Photo: Pollyana Ventura / iStock)

 

 

Legislation About:

Covenant Marriage Laws

 

• Missouri HB 562

To create new laws allowing for covenant marriages

 

Lawmakers in Missouri have introduced legislation to create new laws for covenant marriages in the state, called the "Missouri Covenant Marriage Act.” It would create a separate covenant marriage license and require couples to sign a legal document stating their marriage is “for life.” This form also designates spouses as ‘male’ and ‘female.’

 

Covenant marriages are a legally distinct type of marriage founded in a religious view of marriage as a covenant. This marriage contract makes it extremely difficult for couples to divorce, with additional requirements for marital counseling and a two-year separation waiting period. 

 

Read about past attempts to bring covenant marriages to MO: Missouri Lawmakers (Still) Want To Bring Covenant Marriage to the State

 

 

• Oklahoma SB228 

To create new laws allowing for covenant marriages

 

This legislation, called the “Covenant Marriage Act of Oklahoma,”  would create new legal provisions for ‘covenant marriage’ in Oklahoma, including a unique marriage license and a legally-binding, signed ‘declaration of intent.’ This declaration states the marriage is a covenant with God (Christian), and that the couple will not divorce unless they can prove abuse, abandonment, or adultery. Couples must also complete pre-marriage counseling, and marriage counseling before seeking divorce, and would receive a tax credit for filing jointly. 

 

 

• Texas HB 931

To create new laws allowing for covenant marriages

 

Lawmakers in Texas have introduced legislation to create new laws for covenant marriages in the state. It includes provisions for a separate covenant marriage license and requirements to sign a legal document (affidavit) stating their marriage is “for life."

 

As mentioned above, covenant marriages are a legally distinct type of marriage founded in a religious view of marriage as a covenant. This marriage contract makes it extremely difficult for couples to divorce, with additional requirements for a lengthy separation waiting period. 

Read more about covenant marriage: 

 

• What is a Covenant Marriage? (And Why Would Couples Choose One?)

 

• An Officiant’s Guide to Covenant Marriages

 

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