Gay Marriage the US Supreme Court: Obergefell v. Hodg - Gay Marriage

Contents:

• GAY MARRIAGE
• GAY MARRIAGE THE US SUPREME COURT: OBERGEFELL V. HODG
• WHAT THE SUPREME COURT'S GAY WEDDG WEBSE LG MEANS FOR LGBTQ RIGHTS
• TEXAS JUDGE FIGHTS TO NY WEDDG CEREMONI TO GAY UPL
• I WAS PART OF 303 CREATIVE'S CASE. I BACK GAY MARRIAGE—BUT SCOTUS IS RIGHT
• LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS
• U.S. SUPREME COURT ASKED TO KEEP LANDMARK GAY-MARRIAGE TRIAL VIO SEALED

GAY MARRIAGE

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.

GAY MARRIAGE THE US SUPREME COURT: OBERGEFELL V. HODG

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.

By one vote, the urt l that same-sex marriage nnot be banned the Uned Stat and that all same-sex marriag mt be regnized natnwi, fally grantg same-sex upl equal rights to heterosexual upl unr the 1971, jt two years after the Stonewall Rts that unofficially marked the begng of the stggle for gay rights and marriage equaly, the Mnota Supreme Court had found same-sex marriage bans nstutnal, a precent which the Supreme Court had never challenged. As homosexualy gradually beme more accepted Amerin culture, the nservative backlash was strong enough to force Print Bill Clton to sign the Defense of Marriage Act (DOMA), prohibg the regnn of same-sex marriag at the feral level, to law 1996.

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

Obergefell origated wh a gay uple, Jim Obergefell and John Arthur, who were married Maryland, where same-sex marriage was legal, but whose marriage was not regnized by Oh thori.

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.

TEXAS JUDGE FIGHTS TO NY WEDDG CEREMONI TO GAY UPL

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.

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

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.

LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS

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.

Kennedy, then the center of the High Court, rejected the optns before him, cidg agast sidg wh a same-sex uple who had been nied a ke for their Colorado weddg receptn and agast sidg wh the baker who said his oven was off-lims to gay upl.

Jt a few weeks ago, when Transportatn Secretary Pete Buttigieg, the natn’s hight-rankg Senate-nfirmed gay member of the Bin Admistratn, joed TIME’s Washgton Bure for a wi-rangg nversatn, he was blunt: “I mean, Roe fell and that was the law of the land for longer than I’ve been alive. Hodg over whether or not gay marriage is a right guaranteed by the US Constutn, and whether or not gay marriag performed stat where has been legalized mt be regnized stat which ban the practice.

U.S. SUPREME COURT ASKED TO KEEP LANDMARK GAY-MARRIAGE TRIAL VIO SEALED

On June 26, 2015, the Court led 5-4 that gay marriage is a nstutnal right, meang that all 50 stat mt allow and that all existg bans are valid. All four stat are vered by the US Court of Appeals for the Sixth Circu, which upheld the stat’ gay marriage bans Nov. 2014, th endg a n of succs for the gay marriage movement durg which more than 40 state and feral urts overturned same-sex marriage bans.

The briefs filed support of gay marriage clud one by 370 small and large bs, one by 300 Republin officeholrs and activists, and one filed by a group of former high-rankg civilian Defense Department personnel. The briefs filed opposn to gay marriage clu those by stat that have banned gay marriage, along wh briefs filed by var nservative policians, scholars, and anizatns. Prottors for and agast gay marriage assembled nearby, wh at least one anti gay marriage prottor managg to get a seat si.

After yellg “If you support gay marriage you will burn hell” while the arguments were progrs, the man was dragged screamg out of the urtroom. Kennedy exprsed a reticence to overri a fn of marriage that “has been wh for lennia, ” yet suggted that gay upl uld have a “noble purpose” wishg to marry. The New York Tim reported that Kennedy appeared “more emotnal and emphatic when he ma the se for same-sex marriage, ” givg “gay rights advot reason for optimism.