Same-sex marriage refers to lawful marriage between spouses of the same sex. Same-sex marriage is legal and recognized in every U.S. state and the District of Columbia (Washington, D.C.).
As long as a same-sex couple is married in a jurisdiction with legal authority to authorize the marriage, a health insurance company that offers health coverage to opposite-sex spouses must do the same for same-sex spouses.
The federal Health Insurance Marketplace® also treats married same-sex couples the same as married opposite-sex couples in every state when they apply for premium tax credits and lower out-of-pocket costs on private insurance plans.
In New Mexico (NM), same-sex marriage is legal and recognized, consistent with federal law and the Supreme Court's decision in Obergefell v. Hodges (2015), which requires all states to license and recognize marriages between two people of the same sex. Consequently, health insurance companies in New Mexico that provide coverage to opposite-sex spouses are required to offer the same coverage to same-sex spouses. This mandate applies to both private insurance plans and those obtained through the federal Health Insurance Marketplace®. When applying for premium tax credits and lower out-of-pocket costs, married same-sex couples are treated the same as married opposite-sex couples, ensuring equality in health insurance benefits under the law.