How Will Marriage Laws Change in 2026? Legislation to Watch

AMM’s 2026 Marriage Legislation Tracker: The bills we’re watching this year (and you should too!)

 

As the new year rolls forward, let’s take a look at some of the marriage laws that might be changing this year. In states across the country, new legislation could affect same-sex marriage laws, child marriage laws, how you apply for a marriage license, and more. 

 
This isn’t a complete list; new marriage legislation will continue to be introduced in the weeks and months to come. We’ll keep this resource updated to help you stay current on the laws most likely to impact wedding officiants in each state, as well as the couples you serve and marry.

 

 

Pro Tip: Legislation is arranged below by topic. Use Ctrl+F (Windows) or Command+F (Mac) to search for your state name to see laws specific to your state. 

 

 

Legislation About:
Covenant Marriage Laws

 

 

• Missouri HB 2548 & MO SB 1333

Purpose: To create new laws for entering into and dissolving covenant marriages

 

Missouri lawmakers are once again trying to establish covenant marriage laws in the state with a bill called the "Missouri Covenant Marriage Act.” It would create the option for a separate covenant marriage license, available only to opposite-sex couples, and require couples to sign a legal affidavit stating their marriage is “for life.” This bill is very similar to last year’s legislation, HB 562, which failed to pass. (Sponsors: Rep. Mitch Boggs; Sen. Mike Moon)

 

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

 

Covenant marriages are a legally distinct type of marriage based on a strict, religious view of marriage. This marriage contract makes it extremely difficult for couples to divorce, with additional requirements for marital counseling and a two-year separation waiting period to do so. 

 

• Read AMM's coverage of previous MO covenant marriage legislation:

Missouri Lawmakers (Still) Want To Bring Covenant Marriage to the State

 

 

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Legislation About:
Child Marriage Laws

 

 

• Hawaii HB 647 (carried over from 2025)

Purpose: To raise the minimum age to marry from 16 to 18 years old, without exceptions

 

Lawmakers in Hawaii introduced a bill that would ban child marriage in the state by raising the legal marriage age to 18 without exceptions. Currently, children as young as 15 can get married in Hawaii with permission from the court or a parent / guardian. This bill is a carry over of 2025 SB647. (Sponsors: Representatives Lisa Marten, Della au Belatti, Elijah Pierick, and others)

 

Related bills include: 

• Hawaii HB 729: Relating To Marriage Of Minors
• Hawaii SB 560: Relating To Marriage Of Minors

 

 

• Kansas HB 2473

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

 

Lawmakers in Kansas are reconsidering the legal age of consent for marriage. Currently, children as young as 15 can marry in the state if specific circumstances are met, such as the consent of both a parent/guardian and a judge. This bill would remove those special circumstances from the law and require all people who apply for a marriage license to be at least 18 years old. (Primary sponsor: Rep. Stephanie Clayton)

Similar legislation has been considered in recent years but has failed to pass, including last year’s HB 2026, 2024’s HB2046, which died in committee, and 2022-23’s HB 2422 (which AMM covers here). 

 

 

• Kentucky HB 174

Purpose: To eliminate exceptions to the law which allow 17 year olds to marry; require all parties to a marriage be at least 18 years old

 

Some lawmakers in Kentucky want to repeal the state laws that allow 17 year olds to get married there. Currently, 17 year olds can marry if they have permission from a family court or District Court judge and complete a 15 day waiting period. If this bill passes, those special conditions will be removed from the law, and anyone applying for a marriage license would need to be at least 18 years old. (Sponsor: Rep. Daniel Grossberg)

 

 

• Nebraska LB 984

Purpose: To raise the legal marriage age to 18 years old, no exceptions

 

Currently, 17 year old minors can get married in Nebraska if they're legally emancipated or have the consent of a parent, but lawmakers are reconsidering these exceptions. This bill would require both parties to a marriage to be at least 18 years old to apply for a marriage license, without exceptions. (Sponsor: Sen. Wendy DeBoer)

 

 

• Ohio SB 341

Purpose: To repeal the law that allows 17 year olds to marry; raise the legal marriage age to 18 without exceptions

 

Lawmakers in Ohio are considering whether or not to repeal a state law that allows 17 year olds to get married there. Currently, 17 year-olds can marry if they take certain steps, such as getting a Consent Order from the Juvenile Court and completing a 14 day waiting period, provided their partner is no more than 4 years their senior. If this bill passes, these special conditions would be repealed and anyone who applies for a marriage license would need to be at least 18 years old. (Primary sponsors: Senators William DeMora and Louis Blessing)

 

 

• Oklahoma SB 1762 (Prefiled)

Purpose: For the protection of described rights – the relevant portion of this bill would raise the legal age of marriage to 18 years old without exceptions

 

This bill, called the “Oklahoma Protection of Fundamental Rights and Public Policy Act,” has been prefiled ahead of the new session (scheduled February 2nd) and includes definitions of ‘fundamental rights’ and their protections. Of relevance, the bill would raise the minimum age to marry to 18 years old, and out-of-state marriages entered into by a minor would not be recognized in Oklahoma. Currently, children as young as 16 can marry in Oklahoma with consent from a parent or guardian.

 

The bill also addresses polygamy and forced marriages, although the state already has existing statutes against bigamy, compelled marriages, and coercion. 

 

It’s important to point out that this bill is wide-reaching and marriage laws are a very small part of the text. It contains some controversial sections, such as those detailing “minor victims of transgender mutilation,” a biased description sometimes used by opponents of gender-affirming surgery. There are also general protections against violence and threats based on cultural dress or beliefs, proposed extensions for statute of limitations, and much more. (Sponsors: Sen. Shane Jett)

 

 

• Utah HB 103

Purpose: Creates new criminal offenses related to the marriage of minors, amends existing laws to make them stronger

 

This bill, titled "Underage Marriage Amendments," would make the state’s child marriage laws stronger, and create new criminal penalties for illegal child marriages – by both enacting new laws and amending existing laws. Among other changes, it would: create a new criminal offense for unlawfully marrying a minor or transporting them out of state for an illegal marriage; update the statute of limitations for illegally marrying a minor; and provide that an out-of-state marriage involving a minor may not be valid in Utah unless certain circumstances are met. (Sponsors:  Rep. Melissa G. Ballard, Sen. Todd Weiler)

 

Of note to wedding officiants, this bill confirms that it is a third degree felony for an officiant to knowingly, with or without a license, solemnize a marriage involving a minor when legal requirements are not met (for example consent of parent, written authorization from the court). 

 

RELATED: How Old Do You Have To Be To Get Married In Each State?

 

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Legislation About:
Marriage Fraud 

 

• Florida HB 485 & FL SB 1316

Purpose: To create a fast procedure for protection orders involving a noncitizen spouse, classifies alleged marriage fraud by a noncitizen as domestic violence

 

Florida lawmakers have introduced legislation known as “Shawnya’s Law,” which would classify certain forms of alleged marriage fraud as domestic violence under state law. The bill focuses on cases in which a noncitizen is accused of marrying a citizen to evade immigration laws and of abusing, coercing, or harming their spouse. If enacted, it would allow alleged victims to seek protective orders quickly and require law enforcement to notify immigration authorities within 24 hours. (Sponsors: Representatives Kimberly Daniels, Berny Jacques)

 

Supporters argue the bill strengthens protections for victims of abuse. Critics say it’s redundant with existing federal laws, could be misused against noncitizens, and create legal complications for law enforcement.

 

• Read AMM’s coverage on FL HB 485 / SB 1316:

Proposed Florida “Marriage Fraud” Law: What Immigrants & Wedding Officiants Should Know

 

 

(Photo: Edgar Serrano / Unsplash)

 

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Legislation About:
Civil Contract Marriage

 

• New Hampshire HB 1615

Purpose: To create a new legal framework for civil contract marriages, as an alternative to licensed marriage

 

Called the "Marriage Liberty Act,” this bill would create a new type of contract-based marriage agreement in New Hampshire, enforceable only under the civil contract laws of the state. This would serve as a legal alternative to the typical marriage license process. 

 

These contract marriages would come with unique considerations. For example, the partners would define the terms of their agreement on their own, without input from the state, including the duration of their union, penalties, and renewal terms. They could remain private (do not have to be filed publicly), may not guarantee federal marriage benefits, can be easily dissolved, and have no fixed set of rights for each party (as licensed marriages do). Because civil contracts aren’t moderated by judicial discretion like licensed marriages, they may put an economically vulnerable partner in a weaker position (no alimony or support). (Sponsor: Rep. Matt Sabourin)

 

RELATED: Could Short-Term Marriage Contracts Replace ‘Til Death Do Us Part’?

 

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Legislation About:
Common Law Marriage

 

 

• Utah SB 110 (2nd Sub. (Salmon) SB 110)

Purpose: To phase-out “common law” marriage laws in Utah – requires new marriages to be solemnized according to legal provisions to be valid; individuals must file a petition with the court to legally recognized unsolemnized marriages (“common law” marriages) before May 5, 2027

 

Lawmakers in Utah have introduced a bill that would eliminate “common law” marriages in the state, and require couples with an informal marriage arrangement to file a petition with the courts asking for their marriage to be recognized before the deadline (May 5, 2027). If the law passes and couples don’t file this petition, their unsolemnized marriage would no longer be recognized in the state. 

 

“Common law” marriages are a unique type of informal marriage where two people live as a married couple and present themselves as married to their community, but never applied for a marriage license. Currently, these informal marriages are only recognized in a few states, including Utah. 
 

Learn More: A Short Introduction to Informal & Common Law Marriage

 

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Legislation About:
Marriage License Process & Fees

 

 

• Hawaii HB 1103 (carried over from 2025)

Purpose: To redirect where a portion of the marriage license fee goes in state budget

 

This bill would distribute a portion of marriage license fees into the vital statistics improvement special fund (part of the state’s budget), including approximately $1 from the fee for providing certified copies and $10 from the fee for issuing a marriage license. (Sponsor: Rep. Nadine Nakamura)

 

RELATED: Become a Wedding Officiant in Hawaii

 

 

• Illinois HB 4508

Purpose: To allow at-home or virtual marriage license appointments as accommodations for qualifying disabled or health-impacted couples

 

Lawmakers in Illinois have introduced a bill that would allow some couples to apply for a marriage license using video-conference technology (a virtual appointment) if one or both parties can’t travel to the clerk’s office because of a disability or qualifying health concern. This bill would also allow the clerk to make at-home in-person visits to these couples at their discretion. Each county would have up to 6 months to implement these new services if the bill passes. (Sponsor: Rep. Nicolle Grasse)

 

 

• Maryland HB 95

Purpose: To amend the law so that both parties to a marriage must be present when applying for a marriage license

 

Lawmakers in Maryland want to amend the law to require both parties to a marriage be present when applying for a marriage license. Currently, only one of the people getting married has to be present when purchasing a marriage license.  (Sponsor: Delegate Gary Simmons)

 

• Related bills: 

Maryland SB 355: Requiring both parties to be married, rather than one party, to appear before the clerk of a circuit court to apply for a marriage license.
 

RELATED: How to Get Married in Maryland - Planning a wedding in The Free State

 

 

• Mississippi SB 2373

Purpose: To allow certain county filing fees to increase by 10% each year– including the fees to officiate a marriage and file a marriage certificate.   

 

This bill would allow the Board Of Supervisors of a county to increase certain filing fees by 10% annually, including the cost to file a marriage certificate following a ceremony. In addition, a justice court judge could increase their fee for performing a marriage ceremony by 10% each year.

 

Currently, the cost to file a Mississippi marriage license is $10.00; and the maximum fee a judge may charge to perform a courtroom wedding is $25. This increase isn’t described as mandatory or automatic, but could be reasonably expected to apply each year. It would go into effect in July 2026. (Sponsor: Sen. Chris Johnson)
 

 

• Nebraska LB 896

Purpose: To raise the cost of a marriage license, and to increase the fee for a certified copy of a marriage record. 

 

Lawmakers in Nebraska are considering increased marriage license fees and certified copy fees for marriage records. If this bill passes, the cost of a marriage license would increase from $25 to $50, and the fee for a certified copy would increase from $9 to $16. This revenue would continue to be placed in the county general fund. (Sponsor: Sen. Dan Lonowski)

 

RELATED: It’s Not Just Weddings, Marriage License Costs Are Going Up Too

 

 

• New Hampshire HB 1260

Purpose: To allow couples to complete the marriage application worksheet ahead of their appointment, and sign it in-person at the clerk’s office.

 

Lawmakers in New Hampshire have introduced a bill that could make the marriage license process easier for couples. If passed, couples could complete the NH marriage license application worksheet online or offline (printed) before their appointment, and then sign it at the clerk’s office (along with the clerk). This could reduce the amount of time couples need to spend at the clerk’s office when applying for a marriage license. 

The bill also creates a new $25 fee for the delayed filing of certificate of marriage – adding more incentive to returning a marriage certificate on time. (Sponsors: Rep. Paul Dargie, Rep. Peter Petrigno)

 

 

• New Jersey SB 2373 (Carried over)

Purpose: To allow certain middle-name and surname changes on marriage license application forms.

 

This bill would allow couples to change their middle names or last names on the marriage license application as part of the marriage process – but only if the changes meet certain requirements. For example, the couple could adopt a new last name that hyphenates their previous surnames, or change their middle name to their unmarried surname while taking their spouse's last name, but could not use the form to change their middle name to something unrelated. (Sponsors: Senators Anthony M. Bucco and Patrick Diegnan)

 

• Carried over from previous bills: NJ S795 and A2047
   

 

• Washington D.C. B26-0441

Purpose: To create a new law that will (permanently) allow the Mayor to issue marriage licenses during a partial or full government shutdown

 

Lawmakers in DC want to pass a bill, "Let Our Vows Endure Amendment Act of 2025," that would give the Mayor the ability to issue marriage licenses any time there is a partial or full government shutdown. 

 

During a shutdown, the clerk’s office closes and a new emergency order must be passed to allow the mayor to step in to issue marriage licenses. This process is time-consuming; lawmakers hope that passing a new law that automatically gives the mayor this power during future shutdowns will make the marriage license process easier and less stressful for couples – while also saving valuable time for lawmakers. (Sponsors: Councilmembers Christina Henderson, Charles Allen, and others)

 

RELATED: Can You Get a Marriage License During a Government Shutdown?

 

 

Photo (cropped): Bill Oxford / iStock

 

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Legislation About:
Same-Sex Marriage Laws

 

 

• Arizona SCR 1018

Purpose: To repeal the state’s constitutional ban on same-sex marriage and add new language that protects marriage rights for all couples. 

 

This resolution is the first step toward amending the Arizona Constitution to repeal an outdated and unenforceable same-sex marriage ban, and replacing it with new wording that explicitly protects marriage rights regardless of the “sex, race, ethnicity or national origin of those individuals.” If the resolution passes, the amendment will be placed on the ballot for Arizona electors to vote on. (Primary sponsor: Sen. Lauren Kuby)

 

 

• Delaware SB 100

Purpose: A favorable vote is the next step in amending the state’s constitution to protect marriage rights for all adults

 

Lawmakers in Delaware have taken the first steps toward enshrining the fundamental right to marry in the state’s constitution. This amendment would add a new section to Article 1, called “§ 23. Right to Marry,” which defines the right to marry as fundamental regardless of gender and outlines protections for marriage rights. (Primary sponsor: Sen. Russell Huxtable)

This bill previously passed the Senate (with the required 2/3 super majority) in the summer of 2025, and is now awaiting consideration in the House. These votes are the first leg in a two leg process. If passed, the text of the bill will be published in newspapers (public notice) ahead of the November 2026 elections, and then voted on by the next set of newly-elected legislators. 

 

 

• Florida SB 952

Purpose: To repeal the state’s statutory same-sex marriage ban

 

Lawmakers in Florida have introduced a new bill to repeal an outdated and unenforceable law that makes it illegal for same-sex couples to marry (or be married) in the state. Currently, an old law is still on the books that says no marriage between a same-sex couple is recognized in Florida, including same-sex marriages solemnized lawfully out-of-state. The law also defines marriage as a union existing only between a man and a woman. If this bill passes, this statute would be repealed in its entirety. (Sponsor: Sen. Tina Scott Polsky)

 

• Related bills:

Florida HB 6019: Marriage Between Persons of the Same Sex

 

 

• Missouri HB 2066

Purpose: To repeal the state’s statutory ban on same-sex marriages

 

Lawmakers in Missouri have introduced a new bill to repeal an outdated and unenforceable law which limits legal marriage to unions between a man and a woman. Repealing this same-sex marriage ban would align the state’s statutes with modern federal law, and signal support for the state’s LGBTQ+ families and their allies. (Sponsor: Rep. Wick Thomas)

 

 

• Virginia Senate / House Joint Resolution 3

Purpose: A favorable vote would place a constitutional amendment on the ballot to repeal the state’s constitutional same-sex marriage ban

 

UPDATE: Passed

 

Lawmakers in Virginia are considering whether or not to repeal the state’s constitutional same-sex marriage ban. In Virginia, two consecutive legislatures must approve a constitutional amendment for it to be placed on a ballot for voter consideration – this is the second consideration in this series of votes.

 

• Read AMM's coverage of the approval of VA HJR3 / SJR3: 

Virginia Voters Could Repeal Same-Sex Marriage Ban in November 2026
 

 

• Virginia HB 612 & SB 311

Purpose: Places a referendum on the November 2026 ballot allowing voters to decide whether or not to remove a same-sex marriage ban from the state's constitution (constitutional amendment, voter referendum)

 

These bills are the next step in an ongoing effort to amend the Virginia Constitution by removing outdated and unenforceable language that prohibits same-sex marriages. Having passed two consecutive joint resolutions, a constitutional amendment can now be placed on the ballot, giving voters the final say. 

 

HB612 and SB311 outline the exact wording of the proposed amendment to Article 1, Section 15-A. of the VA Constitution Bill of Rights, and define the question that will placed on the November 2026 ballot: 
 

"Question: Should the Constitution of Virginia be amended to (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?"

 

If the majority of voters approve this question in November, the amendment would become effective on January 1, 2027. 

 

(Photo: KAMPUS / iStock)

 

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