Gay Marriage - DOMA, 14th Amendment & Supreme Court | HISTORY

Contents:

• GAY MARRIAGE
• THE RIGHTS OF LBIAN, GAY, BISEXUAL AND TRANSGENR PEOPLE
• END OF ROE THREATENS GAY MARRIAGE, BIRTH CONTROL ACCS: THE 14TH AMENDMENT, EXPLAED
• THE GAY EQUAL RIGHTS AMENDMENT.
• JAGUARS ACH OUT AS GAY A FIRST FOR U.S.-BASED PRO LEAGU
• GAY MARRIAGE

GAY MARRIAGE

Evans, 1 the Supreme Court stck down a state nstutnal amendment that both overturned lol ordanc prohibg discrimatn agast homosexuals, lbians, or bisexuals, and prohibed any state or lol ernmental actn to eher remedy discrimatn or to grant preferenc based on sexual orientatn. The Court cled to adopt the analysis of the Supreme Court of Colorado, which had held that the amendment ged on gays’ and lbians’ fundamental right to participate the polil procs. 18 In reachg that ncln, the Court noted that, jt as evolvg societal norms rm the liberty rights of same-sex upl, so too do “new sights and societal unrstandgs” about homosexualy reveal “unjtified equaly” wh rpect to tradnal ncepts of the stutn of marriage.

Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn. ” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups.

THE RIGHTS OF LBIAN, GAY, BISEXUAL AND TRANSGENR PEOPLE

Though the gay rights movement saw some advancements the 1970s and 1980s—such as Harvey Milk beg the first openly gay man elected to public office the untry 1977—the fight for gay marriage ma ltle headway for many years. In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners. C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch.

Congrs 1996 passed the Defense of Marriage Act (DOMA), which Print Bill Clton signed to didn’t ban gay marriage outright but specified that only heterosexual upl uld be granted feral marriage benefs. That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S. Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v.

The state fally troduced the untry to gay marriage (m the feral benefs) when began issug same-sex marriage licens on May 17, that year, the U. Bh—that would outlaw gay marriage across the untry.

END OF ROE THREATENS GAY MARRIAGE, BIRTH CONTROL ACCS: THE 14TH AMENDMENT, EXPLAED

2004 was notable for upl many other stat as well, though for the oppose reason: Ten typilly nservative stat, along wh Oregon, enacted state-level bans on gay marriage. Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire. Domtic Partnerships Throughout the and the begng of the next, California equently ma headl for seawg on the gay marriage state was the first to pass a domtic partnership statute 1999, and legislators tried to pass a same-sex marriage bill 2005 and 2007.

Perry legalized same-sex marriage early 2010s ntued the state-level battl over gay marriage that fed the precedg , wh at least one notable event.

For the first time the untry’s history, voters (rather than judg or legislators) Mae, Maryland, and Washgton approved Constutnal amendments permtg same-sex marriage marriage also beme a feral issue 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA—the part of the 1996 law that fed marriage as a unn between one man and one woman—to be unnstutnal. Wdsor, nservative Jtice Anthony Kennedy sid wh Jtic Ruth Bar Gsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan favor of same-sex marriage rights, ultimately makg gay marriage legal across the natn June this time, was still outlawed only 13 stat, and more than 20 other untri had already legalized gay marriage, startg wh the Netherlands December 2000. In 1981, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnership, which also granted hospal visatn rights and other benefs.

THE GAY EQUAL RIGHTS AMENDMENT.

Bh that would outlaw same-sex marriag the whole untry, ten typilly nservative tat along wh Oregon enacted state-level bans on gay marriag. In 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA that fed marriage as a unn between one man and one woman to be unnstutnal, 2013, Uned Stat v. By 2015 (the year Obergefell was cid) thirty-six stat already issued marriage licens to same-sex upl and more than 20 unti around the world had already legalized gay marriage, startg wh the Netherlands 2000.

Judge Heyburn held that “homosexual persons nstute a quasi-spect class, ” and clared that Kentucky’s law banng same-sex marriag vlat the Equal Protectn Clse of the Fourteenth Amendment of the Uned Stat Constutn. The stggle of LGBT (lbian, gay, bisexual and transgenr) people for equal rights has moved to center stage.

Gay and lbian people are featured movi and on televisn – not as novelty characters, but as full participants society. Ary – openly discrimat agast gays and lbians. Mothers and fathers lose child ctody simply bee they are gay or lbian, and gay people are nied the right to marry.

JAGUARS ACH OUT AS GAY A FIRST FOR U.S.-BASED PRO LEAGU

One state even tried to fence lbians and gay men out of the procs ed to pass laws. In 1992 Colorado enacted Amendment 2, which repealed existg state laws and barred future laws protectg lbians, gay men and bisexuals om discrimatn.

GAY MARRIAGE

We mt nclu that Amendment 2 classifi homosexuals not to further a proper legislative end but to make them unequal to everyone else. The morn gay rights movement began dramatilly June 1969 New York Cy’s Greenwich Village. Durg a typil “raid, ” police tried to arrt people for their mere prence at a gay bar, but the patrons of the Stonewall Inn fought back – and the gay rights movement was lnched.

Usg many of the grass-roots and ligatn strategi employed by other 20th century activists, gay rights advot have achieved signifint progrs:. Sodomy laws, typilly ed to jtify discrimatn agast gay people, once existed natnwi; they are now on the books only 18 stat and Puerto Ri. But the creased empowerment of LGBT people has brought about even more open and vilent anti-gay hostily:.

Vlent hate crim, such as the 1998 murr of Wyomg stunt Matthew Shepherd, pict a grisly backlash agast LGBTs or people perceived to be gay.