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

Contents:

• US SUPREME COURT L GAY MARRIAGE IS LEGAL NATNWI
• GAY MARRIAGE
• GAY MARRIAGE BY STATE [UPDATED JULY 2023]
• STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS
• SHOULD GAY MARRIAGE BE LEGAL?
• GAY MARRIAGE BE THE LAW OF THE LAND AMERI
• GAY MARRIAGE CLARED LEGAL ACROSS THE US HISTORIC SUPREME URT LG
• GAY RIGHTS
• GAY MARRIAGE, OTHER RIGHTS AT RISK AFTER U.S. SUPREME COURT ABORTN MOVE
• WHAT IS THE STATE OF GAY MARRIAGE THE US?

US SUPREME COURT L GAY MARRIAGE IS LEGAL NATNWI

Media ptn, Print Obama: "This lg will strengthen all our muni"However, Christian nservativ nmned the Arkansas ernor and printial ndidate Mike Huckabee lled "an out-of-ntrol act of unnstutnal, judicial tyranny" Kellie Fiedorek, a lawyer for an anti-gay marriage advocy group, said the cisn "ignored the voic of thoands of Amerins" Abbott, the ernor of Texas, a state where marriag licenc will now be issued to same-sex upl, said the jtic "have imposed on the entire untry their personal views on an issue that the Constutn and the Court's prev cisns rerve to the people of the stat" ptn, Emotn of wners and losers outsi Supreme CourtAt the scene - Pl Blake, BBC NewsLoud cheers epted outsi the urt after the lg was announced, and there were tears, hugs, and cheers of "USA USA USA!

GAY MARRIAGE

"It's my hope that gay marriage will soon be a thg of the past, and om this day forward will simply be 'marriage, '" an emotnal Mr Obergefell said outsi the source, APImage ptn, Coupl some parts of Texas were able to get marriedStat affected: Alabama, Arkansas, Geia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Oh, South Dakota, Tennsee and first state to allow same-sex marriage was Massachetts, which granted the right 2004. They clud Judh Kasen-Wdsor, widow of gay rights activist Edie Wdsor; Matthew Hayn, -owner of Club Q, the LGBTQ club Colorado Sprgs where a gunman last month killed five people a mass shootg; Club Q shootg survivors Jam Slgh and Michael Anrson; and a number of platiffs om s that culmated the landmark civil rights se Obergefell vs.

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.

GAY MARRIAGE BY STATE [UPDATED JULY 2023]

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. 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.

STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS

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.

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.

SHOULD GAY MARRIAGE BE LEGAL?

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.

GAY MARRIAGE BE THE LAW OF THE LAND AMERI

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. 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.

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.

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. 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.

GAY MARRIAGE CLARED LEGAL ACROSS THE US HISTORIC SUPREME URT LG

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.

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.

GAY RIGHTS

The approach taken the Rpect for Marriage Act, where both sis work to addrs the other’s worst fears, is the right advance of gay marriage ntas lsons for brgg about polil change more generally a system that was signed to slow down.

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.

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”.

GAY MARRIAGE, OTHER RIGHTS AT RISK AFTER U.S. SUPREME COURT ABORTN MOVE

”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. 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.

WHAT IS THE STATE OF GAY MARRIAGE THE US?

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.