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

Contents:

• STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS
• GAY MARRIAGE
• HOMOSEXUALY: THE UNTRI WHERE IS ILLEGAL TO BE GAY
• SHOULD GAY MARRIAGE BE LEGAL?
• GAY RIGHTS
• WHERE IS ILLEGAL TO BE GAY?
• AFTER YEARS OF PROGRS ON GAY RIGHTS, HOW DID THE US BEE SO ANTI-LGBTQ+?
• HISTORY OF GAY MARRIAGE
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS COULD REMOVE IT NEXT YEAR
• CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT

STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS

In some s, there is a lack of polil willgns to remove them, while others, the labor-tensive removal procs mak them a low Virgia, for example, while the two statutory laws banng same-sex marriage have been repealed, the state’s 2006 nstutnal amendment prohibg gay unns remas for the time beg. Circu Court of Appeals found that, although Davis was immune om beg sued as a unty official, she uld be sued her dividual pacy for refg to ply wh the early 2016, Roy Moore, then the chief jtice of the Alabama Supreme Court, prohibed probate judg the state om issug marriage licens to gay upl. "We believe judg reta their right to relig liberty when they take the bench, " Paxton’s spokperson, Marc Rylanr, said a statement at the matrimonySce the legalizatn of same-sex marriage ferally, hundreds of state bills have been troduced that poke hol gay marriage var ways.

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. 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. 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.

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. 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.

Image source, Getty ImagImage ptn, Kamala Harris has been a vol supporter of LGBTQ rightsUS Vice-Print Kamala Harris who is on a tour of three Ain untri - Ghana, Tanzania and Zambia - has drawn cricism over her support for LGBTQ Ghana, a speech llg for "all people be treated equally" she appeared to cricise a bill before the untry's parliament which crimalis advocy for gay rights and propos jail terms for those that intify as lbian, gay, bisexual, or untry's Speaker Alban Bagb later lled her remarks "unmocratic" and urged lawmakers not to be "timidated by any person" Tanzania, a former mister spoke agast US support for LGBTQ rights ahead of the vis and Zambia some opposn policians have threatened to hold is homosexualy still outlawed?

In the same month, the high urt Barbados stck out laws that crimalised gay July last year, the urts Antigua and Barbuda clared a law crimalisg same-sex acts between nsentg adults Febary 2021, Angola's Print Joao Louren signed to law a revised penal to allow same-sex relatnships and ban discrimatn on the basis of sexual 2020, Gabon reversed a law that had crimalised homosexualy and ma gay sex punishable wh six months prison and a large fe. Mozambique and the Seychell have also scrapped anti-homosexualy laws recent there are untri where existg laws outlawg homosexualy have been tightened, cludg Nigeria and 's parliament recently passed a law to crack down on homosexual activi, promptg wispread source, Getty ImagImage ptn, Campaign agast LGBTQ rights some Ain untri has tensified recent weeksAnd some untri, efforts to get the laws removed have May 2019, the high urt Kenya upheld laws crimalisg homosexual acts. Although the origal Brish laws applied only to men, untri that crimalise homosexualy today also have penalti for women who have sex wh Internatnal Lbian, Gay, Bisexual, Trans and Intersex Associatn (Ilga) monors the progrs of laws relatg to homosexualy around the says the ath penalty is the legally prcribed punishment for same-sex sexual acts Bnei, Iran, Mrania, Sdi Arabia, Yemen and some northern stat of five untri - Afghanistan, Pakistan, Qatar, Somalia, and the Uned Arab Emirat - there is no legal clary and the ath penalty uld be source, AFPImage ptn, An Indian gay rights activist protts agast a urt lg 2013 upholdg a law which crimalis gay repealed the ath penalty for nsensual same-sex sexual acts observers note that the risk of prosecutn some plac is mimal.

HOMOSEXUALY: THE UNTRI WHERE IS ILLEGAL TO BE GAY

On July 25, 2014 Miami-Da County Circu Court Judge Sarah Zabel led Florida’s gay marriage ban unnstutnal and stated that the ban “serv only to hurt, to discrimate, to prive same-sex upl and their fai of equal digny, to label and treat them as send-class cizens, and to em them unworthy of participatn one of the fundamental stutns of our society. The Amerin Psychologil Associatn, Amerin Psychiatric Associatn, and others nclud that legal gay marriage giv upl “accs to the social support that already facilat and strengthens heterosexual marriag, wh all of the psychologil and physil health benefs associated wh that support. 2016 printial ndidate and former Hewlett-Packard CEO Carly Fra stated that civil unns are aquate as an equivalent to marriage: “Benefs are beg btowed to gay upl [ civil unns]… I believe we need to rpect those who believe that the word marriage has a spirual foundatn… Why n’t we rpect and tolerate that while at the same time sayg ernment nnot btow benefs unequally.

Court papers filed July 2014 by attorneys fendg Arizona’s gay marriage ban stated that “the State regulat marriage for the primary purpose of channelg potentially procreative sexual relatnships to endurg unns for the sake of jog children to both their mother and their father… Same-sex upl n never provi a child wh both her blogil mother and her blogil father.

SHOULD GAY MARRIAGE BE LEGAL?

Lee Badgett, PhD, Director of the Center for Public Policy and Admistratn at the Universy of Massachetts at Amherst, stated that for many gay activists “marriage means adoptg heterosexual forms of fay and givg up distctively gay fay forms and perhaps even gay and lbian culture. Queer activist Anrs Zanichkowsky stated June 2013 that the then mpaign for gay marriage “tentnally and malicly eras and exclus so many queer people and cultur, particularly trans and genr non-nformg people, poor queer people, and queer people non-tradnal fai… marriage thks non-married people are viant and not tly servg of civil rights. Matt Barber, Associate Dean for Onle Programs at Liberty Universy School of Law, stated, “Every dividual engaged the homosexual liftyle, who has adopted a homosexual inty, they know, tuively, that what they’re dog is immoral, unnatural, and self-stctive, yet they thirst for that affirmatn.

A 2003 set of guil signed by Pope John Pl II stated: “There are absolutely no grounds for nsirg homosexual unns to be any way siar or even remotely analogo to God’s plan for marriage and fay… Marriage is holy, while homosexual acts go agast the natural moral law.

Ernment signated Gerber’s Chigo hoe a Natnal Historic Pk TriangleCorbis/Getty ImagHomosexual prisoners at the ncentratn mp at Sachsenhsen, Germany, wearg pk triangl on their uniforms on December 19, gay rights movement stagnated for the next few s, though LGBT dividuals around the world did e to the spotlight a few example, English poet and thor Radclyffe Hall stirred up ntroversy 1928 when she published her lbian-themed novel, The Well of Lonels.

GAY RIGHTS

Addnally, 1948, his book Sexual Behavr the Human Male, Aled Ksey proposed that male sexual orientatn li on a ntuum between exclively homosexual to exclively Homophile Years In 1950, Harry Hay found the Mattache Foundatn, one of the natn’s first gay rights group.

”Though started off small, the foundatn, which sought to improve the liv of gay men through discsn groups and related activi, expand after foundg member Dale Jenngs was arrted 1952 for solicatn and then later set ee due to a adlocked the end of the year, Jenngs formed another anizatn lled One, Inc., which weled women and published ONE, the untry’s first pro-gay magaze. Post Office, which 1954 clared the magaze “obscene” and refed to liver Mattache Society Mattache Foundatn members rtctured the anizatn to form the Mattache Society, which had lol chapters other parts of the untry and 1955 began publishg the untry’s send gay publitn, The Mattache Review. That same year, four lbian upl San Francis found an anizatn lled the Dghters of Bilis, which soon began publishg a newsletter lled The Ladr, the first lbian publitn of any early years of the movement also faced some notable setbacks: the Amerin Psychiatric Associatn listed homosexualy as a form of mental disorr followg year, Print Dwight D.

”In fear of beg shut down by thori, bartenrs would ny drks to patrons spected of beg gay or kick them out altogether; others would serve them drks but force them to s facg away om other ctomers to prevent them om 1966, members of the Mattache Society New York Cy staged a “sip-”—a twist on the “s-” protts of the 1960s— which they vised taverns, clared themselv gay, and waed to be turned away so they uld sue. They were nied service at the Greenwich Village tavern Juli, rultg much publicy and the quick reversal of the anti-gay liquor Stonewall Inn A few years later, 1969, a now-famo event talyzed the gay rights movement: The Stonewall clanste gay club Stonewall Inn was an stutn Greenwich Village bee was large, cheap, allowed dancg and weled drag queens and homels the early hours of June 28, 1969, New York Cy police raid the Stonewall Inn.

WHERE IS ILLEGAL TO BE GAY?

1 / 12: NY Daily News Archive/Getty ImagChristopher Street Liberatn Day Shortly after the Stonewall uprisg, members of the Mattache Society spl off to form the Gay Liberatn Front, a radil group that lnched public monstratns, protts and nontatns wh polil officials. Addnally, several openly LGBTQ dividuals secured public office posns: Kathy Kozachenko won a seat to the Ann Harbor, Michigan, Cy Council 1974, beg the first out Amerin to be elected to public Milk, who mpaigned on a pro-gay rights platform, beme the San Francis cy supervisor 1978, beg the first openly gay man elected to a polil office asked Gilbert Baker, an artist and gay rights activist, to create an emblem that reprents the movement and would be seen as a symbol of pri.

In 1981, the Centers for Disease Control and Preventn published a report about five prevly healthy homosexual men beg fected wh a rare type of 1984, rearchers had intified the e of AIDS—the human immunoficiency vis, or HIV—and the Food and Dg Admistratn licensed the first mercial blood tt for HIV 1985. But after failg to garner enough support for such an open policy, Print Clton 1993 passed the “Don’t Ask, Don’t Tell” (DADT) policy, which allowed gay men and women to serve the ary as long as they kept their sexualy a rights advot cried the Don’t Ask, Don’t Tell policy, as did ltle to stop people om beg discharged on the grounds of their 2011, Print Obama fulfilled a mpaign promise to repeal DADT; by that time, more than 12, 000 officers had been discharged om the ary unr DADT for refg to hi their sexualy.

AFTER YEARS OF PROGRS ON GAY RIGHTS, HOW DID THE US BEE SO ANTI-LGBTQ+?

Don’t Ask, Don’t Tell was officially repealed on September 20, Marriage and Beyond In 1992, the District of Columbia passed a law that allowed gay and lbian upl to register as domtic partners, grantg them some of the rights of marriage (the cy of San Francis passed a siar ordance three years prr and California would later extend those rights to the entire state 1999) 1993, the hight urt  Hawaii led that a ban on gay marriage may go agast the state’s nstutn. In 1994, a new anti-hate-crime law allowed judg to impose harsher sentenc if a crime was motivated by a victim’s sexual Matthew Shepard ActCourty of the Matthew Shepard FoundatnMatthew Shepard, who was btally killed a hate crime 2003, gay rights proponents had another b of happy news: the U. Gay rights proponents mt also ntent wh an creasg number of “relig liberty” state laws, which allow bs to ny service to LGBTQ dividuals due to relig beliefs, as well as “bathroom laws” that prevent transgenr dividuals om g public bathrooms that don’t rrpond to their sex at birth.

HISTORY OF GAY MARRIAGE

In five untri and parts of two others, homosexualy is still punishable wh the ath penalty, while a further 70 imprison cizens bee of their sexual where homosexualy is legal, many untri treat those same-sex relatnships differently, such as havg an unequal age of nsent or a ban on marriage. A rash of laws ncerng the teachg of human sexualy school curricula, banng trans stunt athlet and strippg parents of the right to help their genr-variant children obta appropriate re have popped up numero red stat this same-sex marriage is now part of the fabric of Ameri, nservativ have chosen to explo Amerins’ unfaiary wh trans people and piggyback on parental anger over the perceived overreach of Covid-era school closur, nflatg wh an sid sense of “wokens”, the hop of fdg an electorally viable sluiceway for anti-LGBTQ+ most famo of the anti-LGBTQ+ laws is the piece of Florida legislatn banng stctn on sexual orientatn or genr inty schools between krgarten and third gra, the so-lled “don’t say gay” law. He was followed by Arizona’s ernor, Doug Ducey, who, after barrg mors om genr-affirmatn treatment, wouldn’t even state for the rerd that trans people were Florida lawmaker Michele Rayner-Goolsby, left, hugs her wife, Bian Goolsby, durg a march at cy hall St Petersburg agast the ‘don’t say gay’ bill.

Photograph: Bob Daemmrich/Zuma Wire/Rex/ShutterstockPolicians are supported the media by mentators like Tucker Carlson, who claimed “no one had heard of this trans thg four years ago”, or Charlie Kirk, channelg 1980s fears sayg “gays want to rpt your children” rejuvenated, the right wg is poised to make transphobia and homophobia rnerston of the midterms and 2024 electns, wh promis to liver “don’t say gay” legislatn stat cludg Michigan and New Perks, the print of the Fay Rearch Council, a nservative lobbyg group, veighed agast the ernors of Indiana and Utah for vetog legislatn banng trans women om participatg sports, llg the bills “timely, mastream protectns”. ”The bs-iendly wg of the GOP that would quietly team up wh Democrats to scuttle rabidly homophobic bills is now outnumbered, and legislators a dozen or more stat that lean even farther to the right than DeSantis are takg, the Natnal Center for Lbian Rights legal director, believ Florida is the tt se for a renewed ph for an aggrsive, Christian-natnalist program. “I thought was really important to ph back on the policy level, and to send a clear signal that California and other stat really re about the kids, ” he believ that “don’t say gay” is “patently unnstutnal” but also ntends that relyg on the judicial system to protect human rights may no longer be a sound optn.

Six other stat which gay marriage bans had been overturned, Colorado, Kansas, North Carola, South Carola, Wt Virgia, and Wyomg, were also affected by the Supreme Court lg bee they were the jurisdictns of the lower urts that had overturned the gay marriage bans.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS COULD REMOVE IT NEXT YEAR

Seventy-three untri, or 37 percent of the Uned Natns, clare same-sex physil relatns illegal, acrdg to a prehensive survey of sexual orientatn laws om the Internatnal Lbian, Gay, Bisexual, Trans and Intersex Associatn (ILGA), Iran, Sdi Arabia, and Yemen ll for the ath penalty natnwi for same-sex relatns, the report says, while other plac n impose ath penalti regnally, along wh f and prison sentenc.

CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT

Although there is no current threat to the legaly of gay marriage, and Print Bin signed a bill safeguardg last year, the Democratic-domant state Legislature is seekg to remove language om California’s Constutn that still f marriage as between a man and outdated state fn has been emed unenforceable and unnstutnal thanks to feral law, but LGBTQ advocy groups are askg voters to repeal and amend the California Constutn to stead explicly state that marriage is “a fundamental right. Promisg the ernment would implement the “vast majory” of Etherton’s remendatns, Wallace said he would fully update the Commons a formal bate about the issue after the about pensatn, Wallace said he hoped to fd “an elegant solutn that match the need and the requirements of those dividuals”, promisg to set this out after Kelly Holm, who served the army and me out as gay last year, was among mpaigners who weled the apology.

Slovenia 2022EuropeFirst untry formerly munist Eastern Europe to legalize same-sex Ai 2006Sub-Saharan AiOnly Ain untry where same-sex marriage is legal; several untri on the ntent have passed laws that ban homosexualy recent 2005EuropeBeme the third untry globally to legalize same-sex marriage after a vote s closely divid 2009EuropeGay and lbian upl Swen prevly had been allowed to register for civil unns sce 1995. 1%) st ballots favor of legalizg same-sex marriage a 2021 2019Asia-PacificA urt lg prompted a change the law that ma Taiwan the first jurisdictn Asia to perm gays and lbians to Kgdom 2014EuropeLegal same-sex marriage took effect Northern Ireland 2020, six years after the change England and Wal.