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What is the gayest state In the United States, the landmark Supreme Court case, Obergefell vs. Hodges, ruled it unconstitutional for the state to ban same-sex marriages. As of , 37 states and D.C. have legalized gay marriage. The remaining 13 states have a ban on same-sex marriages; however, eight have court rulings in favor of allowing them. LGBTQ+ Population by State.