VERY OUTDATED, may still be of use in an history article The legal status of 'same-sex marriage in the United States varied by state. Prior to the federal government recognizing same-sex marriages, individual states set their own laws on the matter.41 states defined marriage as the union between one man and one woman only, either in their state constitution, or in state law, or both. Five states and the District of Columbia legalized same-sex marriage.