- 21 states with active lawsuits directly seeking to legalize same-sex marriage
- 4 states with active lawsuits related to same-sex marriage
- 17 states + DC where legal same-sex marriages are on-going and uncontested
- 1 state trying to actively ban same-sex marriage by amending its state constitution (Indiana)
It is difficult to categorize some cases as seeking to legalize marriage or only related. In the four states with active lawsuits related to same-sex marriage, two involve couples being able to file joint state tax returns. In Kansas a lawsuit is seeking the right of same-sex couples married in other states to file jointly on their state tax returns. Married couples throughout the US can now file jointly on their Federal taxes. Next door in Missouri, the governor issued a regulation allowing married same-sex couples to file jointly on their state taxes. An anti-gay group is now suing to stop joint state tax returns in Missouri.
Wisconsin has a domestic partnership law that gives same-sex couples 44 of the 200+ state benefits of marriage. An anti-gay group sued claiming this law runs afoul of that state's ban on same-sex marriages. The case is proceeding there over the partnership law and not marriage.
Similarly, a Montana lawsuit is seeking all the benefits of equal civil marriage for same-sex couples but not actual marriage.