Gay Marriage Legal In California? | Gay Fay Law Center

Contents:

• IS GAY MARRIAGE LEGAL CALIFORNIA?
• CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR.
• GAY MARRIAGE
• SHOULD GAY MARRIAGE BE LEGAL?

IS GAY MARRIAGE LEGAL CALIFORNIA?

Wh over 13 ln vot st, California voters approve Proposn 8 on November 4, 2008, amendg the state’s nstutn to ban same-sex months earlier, May 2008, the California Supreme Court had emed the state’s ban on same-sex marriage unnstutnal, makg California the send state the untry to legalize gay marriage.

CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT

Californian voters received robolls om former print Bill Clton askg them to vote no on the measure, while actors om the televisn show “Ugly Betty” argued Spanish-language TV spots that votg no “is not about beg gay or straight, ” but “about beg Amerin.

”The Protect Marriage mpaign supportg Proposn 8 nstantly voked the “far-reachg nsequenc” of legal gay marriage, particularly the implitn that school curriculums would be required to teach that gay marriage is “the same as tradnal marriage. ” Pollster David Fleischer, his analysis of the electn rults, found that the greatt shift toward “Y” among uncid voters was “among parents wh children unr 18 livg at home—many of them whe Democrats, ” who feared the effects of legal gay marriage on their children’s public tn. Californians will vote on a proposal to amend the state Constutn on the 2024 ballot to reaffirm gay marriage rights — a ut move that amid natnal anxiety after recent lgs by the nservative-leang U.

Although there is no current threat to the legaly of gay marriage, and Print Bin signed a bill safeguardg last year, the Democratic-domant state Legislature is seekg to remove language om California’s Constutn that still f marriage as between a man and outdated state fn has been emed unenforceable and unnstutnal thanks to feral law, but LGBTQ advocy groups are askg voters to repeal and amend the California Constutn to stead explicly state that marriage is “a fundamental right. 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.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR

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.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR.

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. 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.

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.

GAY MARRIAGE

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.

Sce the first same-sex marriag took place the Netherlands 2001, more than 30 other jurisdictns have enacted laws allowg gays and lbians to marry, mostly Europe and the Ameris.

SHOULD GAY MARRIAGE BE LEGAL?

Andorra 2023EuropeParliament the small mountao untry between France and Spa voted to legalize same-sex marriage.Argenta 2010Lat Ameri-CaribbeanFirst untry Lat Ameri to allow gay and lbian upl to marry.Atralia 2017Asia-PacificVoters supported legalizg same-sex marriage by a 61.6% to 38.4% marg a non-bdg natnwi referendum.Atria 2019EuropeA urt lg 2017 eventually led to the change.Belgium 2003EuropeSend untry the world to legalize same-sex marriage, after s neighbor, the Netherlands.Brazil 2013Lat Ameri-CaribbeanAbout half of Brazil’s 27 jurisdictns had allowed same-sex marriage until a urt lg ma legal natnwi.Canada 2005North AmeriSame-sex marriage was legal a majory of Canada’s provc before Parliament passed natnal legislatn. Chile 2022Lat Ameri-CaribbeanSixth South Amerin untry to legalize same-sex marriage.Colombia 2016Lat Ameri-CaribbeanColombia’s Constutnal Court legalized same-sex marriage by a 6-3 vote.Costa Ri 2020Lat Ameri-CaribbeanFirst Central Amerin untry to legalize same-sex marriage.Cuba 2022Lat Ameri-CaribbeanChange allowg same-sex marriage was part of a broar referendum on fay law that passed by a 66.9% to 33.1% vote.Denmark 2012EuropeSame-sex marriage beme legal through a separate procs Greenland, an tonomo terrory of Denmark, 2016.Ecuador 2019Lat Ameri-CaribbeanCourt lg ma Ecuador the fifth South Amerin untry to allow gays and lbians to wed.Fland 2017EuropeThe law, passed by Parliament 2014, started out as a “cizens’ iative” – a public petn wh nearly 167,000 signatur. It me to effect 2017.France 2013EuropeThen-French Print François Hollan signed the law after an unsuccsful urt challenge.Germany 2017EuropeLegislatn passed after then-Chancellor Angela Merkel said members of her lg Christian Democratic Unn should vote their nscience even though the party formally opposed same-sex marriage.Iceland 2010EuropeAfter the law took effect, the untry’s prime mister at the time, Jóhanna Sigurðardóttir, wed her longtime partner, Jónína Leósdóttir, beg one of the first people to marry unr the statute.Ireland 2015EuropeFirst untry to legalize same-sex marriage through a popular referendum, wh more than six--ten Irish voters (62%) favor.Luxembourg 2015EuropeThe bill was champned by the untry’s prime mister, Xavier Bettel, who is openly gay.Malta 2017EuropeParliament almost unanimoly voted to legalize same-sex marriage.Mexi 2022Lat Ameri-CaribbeanSame-sex marriage eventually beme legal natnally after the Supreme Court clared state bans unnstutnal 2015.

Netherlands2001EuropeFirst untry to legalize same-sex marriage after Parliament passed the law December 2000.New Zealand 2013Asia-PacificFirst untry the Asia-Pacific regn to allow gays and lbians to wed.Norway 2009EuropeThe law replaced a 1993 statute permtg civil unns.

Portugal 2010EuropeMeasure passed by Parliament was approved by Portugal’s Constutnal Court.Slovenia 2022EuropeFirst untry formerly munist Eastern Europe to legalize same-sex marriage.South Ai 2006Sub-Saharan AiOnly Ain untry where same-sex marriage is legal; several untri on the ntent have passed laws that ban homosexualy recent years.Spa 2005EuropeBeme the third untry globally to legalize same-sex marriage after a vote s closely divid Parliament.Swen 2009EuropeGay and lbian upl Swen prevly had been allowed to register for civil unns sce 1995.Swzerland 2022EuropeNearly two-thirds of Swiss voters (64.1%) st ballots favor of legalizg same-sex marriage a 2021 referendum.Taiwan 2019Asia-PacificA urt lg prompted a change the law that ma Taiwan the first jurisdictn Asia to perm gays and lbians to wed.Uned Kgdom 2014EuropeLegal same-sex marriage took effect Northern Ireland 2020, six years after the change England and Wal. For stance, 45% of adults the Silent Generatn (those born between 1928 and 1945) favor allowg gays and lbians to wed, pared wh 74% of Millennials (born between 1981 and 1996). 4As wh the general public, Amerins who intify as lbian, gay, bisexual or transgenr (LGBT) are most likely to ce love as a very important reason for gettg married.