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

Contents:

• GAY MARRIAGE
• GAY MARRIAGE CLARED LEGAL ACROSS THE US HISTORIC SUPREME URT LG
• GAY RIGHTS
• STATE-BY-STATE HISTORY OF BANNG AND LEGALIZG GAY MARRIAGE
• GAY MARRIAGE STATE BY STATE: FROM A FEW STAT TO THE WHOLE NATN

GAY MARRIAGE

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. Wrg for the urt, Jtice Kennedy said gay and lbian upl have a fundamental right to marry: “no unn is more profound than marriage, for embodi the hight ials of love, fily, votn, sacrifice, and fay, ” he wrote.

Together, they volve a dozen upl who challenged same-sex marriage bans Oh, Michigan, Kentucky and Tennsee — the only stat wh bans on marriage between gay and lbian upl that had been staed by a feral appeals urt. As NPR's Na Totenberg reported when the Supreme Court heard the current se back April, nservative jtic had poted qutns for the attorneys: "Jtice Slia asked whether misters would be able to refe to marry two gay men.

“The Supreme Court’s cisn is a huge victory for same-sex upl the US that will reverberate many untri that still ny people the right to marry the person they love, ” said Boris Dtrich, lbian, gay, bisexual, and transgenr (LGBT) rights advocy director at Human Rights Watch.

GAY MARRIAGE CLARED LEGAL ACROSS THE US HISTORIC SUPREME URT LG

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. 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 RIGHTS

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. 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.

It immediately led to scen of jubilatn om ast to ast, as mpaigners, policians and everyday people – gay, straight and -between – hailed “a victory of love” lg, which Jtice Anthony Kennedy st the cidg vote, means the number of stat where gay marriage is legal will rise – albe after some stallg – om 37 to 50. Photograph: Evan Golub/Demotix/CorbisThe crowd outsi the urt – ed, across the untry – epted joy after the lg was hand down, wh many longtime mpaigners cryg tears of joy and embracg their of “Love has won” reverberated among the hundreds gathered below the urt steps and across the street outsi the US Capol, as rabow flags tertwed wh the Amerin the crowd was California reprentative Mark Takano, an openly gay member of Congrs who scribed beg at the scene as both “profound and poted”. “The arc of history is que clear that the stggle for LGBT equaly is part of our civil rights, ” Takano sex marriage discrimatnJudd Proctor, a 65-year-old rint of Silver Sprg, Maryland, said he never thought he would live to see the day that gay marriage would be a nstutnal right.

STATE-BY-STATE HISTORY OF BANNG AND LEGALIZG GAY MARRIAGE

Photograph: Eric Gay/APRandy Johnson, a platiff one of the ncurrent s brought om Kentucky before the urt wh his partner Pl Campn, said he still had goosebumps, hours after their 20-year-old son had texted them two words: “We won. Kathie DeNobriga, the mayor of Atlanta suburb Pe Lake who married her long-term partner out of state last year as one of the few openly gay policians the Amerin south, lled the urt lg “a victory of love opposn to fear”. ”Legal same-sex weddgs were takg place for the first time on Friday across Alabama, Arkansas, Kentucky, Michigan, Missouri, North Dakota, South Dakota and Tennsee, even as the attorneys general Texas and Mississippi said marriag uld not take place attorney general Ken Paxton issued a long statement suggtg he would attempt to fight the legalisatn of gay marriage by assertg the “relig liberti” of clerks and officials.

”The natn’s hight tribunal last weighed marriage equaly 2012, wh challeng to California’s effective ban on same-sex marriag, known as Proposn 8, and a key provisn of the feral Defense of Marriage Act (Doma) jtic then led favor of marriage equaly proponents, but ducked the qutn of whether gay marriage was a nstutnal right.

GAY MARRIAGE STATE BY STATE: FROM A FEW STAT TO THE WHOLE NATN

AdvertisementSKIP ADVERTISEMENTPooja Mandagere, left, and Natalie Thompson outsi the Supreme Court on Friday after led favor of same-sex Mills/The New York TimSli 1 of 14 Pooja Mandagere, left, and Natalie Thompson outsi the Supreme Court on Friday after led favor of same-sex Mills/The New York TimJune 26, 2015WASHINGTON — In a long-sought victory for the gay rights movement, the Supreme Court led by a 5-to-4 vote on Friday that the Constutn guarante a right to same-sex marriage. Netherlands2001EuropeFirst untry to legalize same-sex marriage after Parliament passed the law December Zealand 2013Asia-PacificFirst untry the Asia-Pacific regn to allow gays and lbians to 2009EuropeThe law replaced a 1993 statute permtg civil unns.

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. Army service World War I, Gerber was spired to create his anizatn by the Scientific-Humanarian Commtee, a “homosexual emancipatn” group ’s small group published a few issu of s newsletter “Friendship and Freedom, ” the untry’s first gay-tert newsletter. 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.

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.

" This sign was wrten by the Mattache Society–an early anizatn dited to fightg for gay reportg the events, The New York Daily News rorted to homophobic slurs s tailed verage, nng the headle: “Homo Nt Raid, Queen Be Are Stgg Mad. 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. Siar groups followed, cludg the Gay Activists Alliance, Radilbians, and Street Transvt Actn Revolutnari (STAR) 1970, at the one-year anniversary of the Stonewall Rts, New York Cy muny members marched through lol streets memoratn of the event.

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.

Baker signed and stched together the first rabow flag, which he unveiled at a pri para followg year, 1979, more than 100, 000 people took part the first Natnal March on Washgton for Lbian and Gay Rights. 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.