Supreme Court Rulg Means Gay Marriage Is Vulnerable | Time

Contents:

• GAY MARRIAGE
• I WAS PART OF 303 CREATIVE'S CASE. I BACK GAY MARRIAGE—BUT SCOTUS IS RIGHT
• GAY MARRIAGE THE US SUPREME COURT: OBERGEFELL V. HODG
• WHAT THE SUPREME COURT'S GAY WEDDG WEBSE LG MEANS FOR LGBTQ RIGHTS

GAY MARRIAGE

The Uned Stat has wnsed a remarkable shift LGBTQ rights and visibily the 50 years sce the Stonewall uprisg — and jt the last few years, LGBTQ people have won the right to marry, have h a rerd high reprentatn on televisn and have seen the first openly gay major printial ndidate beg his mpaign. The first se will nsir the dismissals of a unty ernment employee and a skydivg stctor, who were fired for beg gay. In 1953, a publisher associated wh the Los Angel chapter of the Mattache Society, one of the untry’s first “homophile” groups, released somethg unique for s time: ONE: The Homosexual Magaze.

The magaze, which is nsired by One Archiv Foundatn to be Ameri’s first wily-distributed magaze for gay rears, clud articl, edorials, short stori and other ntent. In s cisn, the Supreme Court tossed out a lower urt’s lg, and tablished that material aimed at a gay dience was not herently obscene.

I WAS PART OF 303 CREATIVE'S CASE. I BACK GAY MARRIAGE—BUT SCOTUS IS RIGHT

“The urt went out of s way to make clear that gay people uld be crimalized unr the provisns, and there was nothg wrong wh that. Many people who feared the then-myster disease were “hyper-foced” on the ia that gay men were promiscuo and saw HIV-posive people as “sort of gettg what they served, ” says Maril. The se revolved around an amendment to a Colorado law, which banned ci om passg anti-discrimatn laws that would protect gay and bisexual people.

“Even if, as the state ntends, homosexuals n fd protectn laws and polici of general applitn, ” Jtice Anthony Kennedy said the majory opn, “[the Colorado law] go well beyond merely privg them of special rights. In 1990, the Boy Suts of Ameri cid to expel Jam Dale, an assistant sutmaster and Eagle Sut, after he was intified a newspaper as a lear of Rutgers Universy’s Lbian/Gay Alliance. “The Boy Suts asserts that homosexual nduct is nsistent wh the valu embodied the Sut Oath and Law, particularly those reprented by the terms ‘morally straight’ and ‘clean, ’ and that the anizatn do not want to promote homosexual nduct as a legimate form of behavr.

GAY MARRIAGE THE US SUPREME COURT: OBERGEFELL V. HODG

“It wasn’t until 2013 that the group cid to end s ban on gay children as members, but still ntued s ban on gay adult lears, ” Dale wrote a 2015 opn piece TIME. “This iative was wrong many ways: It was great that they weren’t excludg young members, but was wrong to tell someone that you n be gay when you’re a child, but you’re immoral as an adult. In a 7-2 cisn, the Supreme Court found for Colorado baker Jack Phillips, who had refed to make a gay uple a weddg ke on relig grounds.

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. 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.

WHAT THE SUPREME COURT'S GAY WEDDG WEBSE LG MEANS FOR LGBTQ RIGHTS

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. 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.