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

Contents:

• GAY MARRIAGE BY STATE [UPDATED JULY 2023]
• SHOULD GAY MARRIAGE BE LEGAL?
• ARE GAY MARRIAG LEGAL IN ALL 50 STAT?
• GAY MARRIAGE IS LEGAL ALL 50 STAT: SUPREME COURT
• IN U.S., 52% BACK LAW TO LEGALIZE GAY MARRIAGE 50 STAT
• STATE-BY-STATE HISTORY OF BANNG AND LEGALIZG GAY MARRIAGE
• 'LOVE IS LOVE': OBAMA JOS MILLNS CELEBRATN AS SUPREME COURT LEGALIZ GAY MARRIAGE ALL 50 STAT
• IS GAY MARRIAGE LEGAL ALL 50 STAT?
• SUPREME COURT DECISN: GAY MARRIAGE IS LEGAL ALL 50 STAT
• GAY MARRIAGE

GAY MARRIAGE BY STATE [UPDATED JULY 2023]

Comparg that evolutn to society's views of gays and lbians, Kennedy noted that for years, "a tthful claratn by same-sex upl of what was their hearts had to rema unspoken. 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. Before Friday's lg, gay marriage had already been ma legal 37 stat and the District of Columbia — by eher legislative or voter actn or by feral urts that overturned state' bans.

SHOULD GAY MARRIAGE BE LEGAL?

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 urt noted the change thkg, statg: "Well to the 20th century, many Stat nmned same-sex timacy as immoral, and homosexualy was treated as an illns. US public opn had shifted signifintly over the years, om 27% approval of gay marriage 1996 to 55% 2015, the year beme legal throughout the Uned Stat, to 61% 2019.

Proponents of legal gay marriage ntend that gay marriage bans are discrimatory and unnstutnal, and that same-sex upl should have accs to all the benefs enjoyed by different-sex upl. 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.

ARE GAY MARRIAG LEGAL IN ALL 50 STAT?

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. A study found that same-sex married upl were “signifintly ls distrsed than lbian, gay, and bisexual persons not a legally regnized relatnship.

GAY MARRIAGE IS LEGAL ALL 50 STAT: SUPREME COURT

A 2010 analysis found that after their stat had banned gay marriage, gay, lbian and bisexual people suffered a 37% crease mood disorrs, a 42% crease alhol-e disorrs, and a 248% crease generalized anxiety disorrs.

IN U.S., 52% BACK LAW TO LEGALIZE GAY MARRIAGE 50 STAT

In July 2012 New York Cy Mayor Michael Bloomberg announced that gay marriage had ntributed $259 ln to the cy’s enomy jt a year sce the practice beme legal there July 2011. In 2012, the Williams Instute at the Universy of California at Los Angel (UCLA) found that the first five years after Massachetts legalized gay marriage 2004, same-sex weddg expendur (such as venue rental, weddg k, etc. Gay marriage is a civil right protected by the US Constutn’s mments to liberty and equaly, and is an ternatnally regnized human right for all people.

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. Contrary to the pro gay marriage argument that some different-sex upl nnot have children or don’t want them, even those s there is still the potential to produce children. 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.

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

Pla Ettelbrick, JD, Profsor of Law and Women’s Studi, wrote 1989, “Marriage ns ntrary to two of the primary goals of the lbian and gay movement: the affirmatn of gay inty and culture and the validatn of many forms of relatnships.

LGBT activist llective Agast Equaly stated, “Gay marriage ap hetero privilege… [and] creas enomic equaly by perpetuatg a system which ems married begs more worthy of the basics like health re and enomic rights. The lears of the Gay Liberatn Front New York said July 1969, “We expose the stutn of marriage as one of the most sid and basic staers of the system.

'LOVE IS LOVE': OBAMA JOS MILLNS CELEBRATN AS SUPREME COURT LEGALIZ GAY MARRIAGE ALL 50 STAT

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. Two orthodox Jewish groups, the Orthodox Agudath Israel of Ameri and the Orthodox Unn, also oppose gay marriage, as do mastream Islam.

In Islamic tradn, several hadhs (passag attributed to the Prophet Muhammad) nmn gay and lbian relatnships, cludg the saygs “When a man mounts another man, the throne of God shak, ” and “Sihaq [lbian sex] of women is za [illegimate sexual terurse]. 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. On May 17, 2004, the first legal gay marriage the Uned Stat was performed Cambridge, MA between Tanya McCloskey, a massage therapist, and Marcia Kadish, an employment manager at an engeerg firm. This landmark cisn ma gay marriage legal all 50 stat and tablished that same-sex upl had the same fundamental right to marry as oppose-sex upl.

IS GAY MARRIAGE LEGAL ALL 50 STAT?

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. 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.

The Supreme Court on Friday legalized same-sex marriage the Uned the 5-4 landmark cisn, the majory of jtic led that stat mt license same-sex marriag and also regnize gay marriag performed legally other stat. Kennedy, who wrote the urt's prev three cisns on gay rights, had been the likely cidg the cisn was hand down, 36 stat and the District of Columbia allowed gay upl to marry. Each district urt led the petners' favor, but the Sixth Circu bed the s and reversed the was possible for the jtic to le that 's unnstutnal to ny gay upl all of the rights and privileg of marriage whout requirg stat to allow them to arguably was the largt se remag the fal days of the urt's term before ends next Tuday.

The Uned Stat joed 21 other untri legalizg gay marriage, cludg Argenta, Brazil and 1996, former Print Bill Clton signed ​the Defense of Marriage Act (DOMA) to law, th banng feral regnn of same-sex marriage. As recently as five years ago, only 42 percent of rints said they favored same-sex marriage, acrdg to survey, which polled 2, 002 adults, also found that some groups ntued to be broadly opposed to gay marriage.

SUPREME COURT DECISN: GAY MARRIAGE IS LEGAL ALL 50 STAT

PRINCETON, NJ -- If given the opportuny to vote on a law legalizg gay marriage all 50 stat, the slight majory of Amerins, 52%, say they would st their vote favor, while 43% would vote agast . This is the first update of this Gallup trend sce the Supreme Court stck down the Defense of Marriage Act July, makg same-sex upl eligible for feral benefs stat where gay marriage has been legalized. The urt also reportedly paved the way for gay marriage California, by nyg supporters of Proposn 8 California standg to appeal a feral urt's cisn clarg the anti-gay-marriage amendment unnstutnal.

GAY MARRIAGE

Gallup ed two separate approach to measure public support for gay marriage this month, and they produced siar rults: 52% would vote for a feral law legalizg same-sex marriag all 50 stat, and 54% thk gay marriag should be regnized as valid, wh the same rights as marriag between men and women. This adds to the body of evince Gallup trends that public opn on gay marriage has reached a tippg pot, whereby the majory now clearly supports . 3, 2015, the Alabama Supreme Court orred the state’s 68 probate judg to stop issug marriage licens to same-sex upl, spe an earlier feral urt lg that stck down the state’s gay marriage ban, and the US Supreme Court’s cisn to allow same-sex marriag to proceed the state.

The Supreme Court effectively halted gay marriag om takg place, however, by notg that while Judge Piazza’s lg had stck down both the nstutnal amendment and the state law, had not affected an addnal state law prohibg unty clerks om issug same-sex marriage licens. On May 15, 2014, Judge Piazza expand his lg to strike down the addnal law and any other measur that ma gay marriage illegal, but on May 16, 2014 the State Supreme Court spend that lg, haltg all gay marriag wh the state.

25, 2014, US District Judge Kriste Baker led the state’s gay marriage ban unnstutnal, but stayed her own lg, pendg expected appeals. 6, 2014, a three-judge panel of the Sixth US Circu Court of Appeals overturned Judge Heyburn’s lg 2-1, th upholdg the state’s gay marriage ban. 16, 2015, Frankl County Circu Judge Thomas Wgate led the state’s gay marriage ban unnstutnal, but put his lg on hold, pendg the Supreme Court’s cisn.