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

Contents:

• GAY MARRIAGE BY STATE [UPDATED JULY 2023]
• GAY MARRIAGE IS LEGAL ALL 50 STAT: SUPREME COURT
• STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS
• SHOULD GAY MARRIAGE BE LEGAL?
• GAY MARRIAGE STATE BY STATE: FROM A FEW STAT TO THE WHOLE NATN
• SUPREME COURT DECISN: GAY MARRIAGE IS LEGAL ALL 50 STAT
• WHICH STAT ALLOW GAY MARRIAGE?
• GAY MARRIAGE
• WHAT IS THE STATE OF GAY MARRIAGE THE US?

GAY MARRIAGE BY STATE [UPDATED JULY 2023]

In a landmark cisn, the ne jtic of the US Supreme Court led that the US Constutn guarante marriage as a right for all, cludg gay and lbian upl. 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.

Dpe this, not all stat are abidg and have enacted nstutnal or statutory bans on gay marriage known as “Defense of Marriage” acts. 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.

GAY MARRIAGE IS LEGAL ALL 50 STAT: SUPREME COURT

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. 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. Qutns about the legal treatment of gays and lbians soon reached the urts, where they uld be discsed the formal disurse of the law.

The first lawsus volvg same-sex marriage, also lled gay marriage, started the 1970s, brgg the qutn of civil marriage rights for same-sex upl to public attentn.

STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS

Lawmakers this week said the legislatn is a direct rponse to a suggtn om Supreme Court Jtice Clarence Thomas last month that landmark Supreme Court cisns on same-sex marriage, sex between gay upl and the right to ntraceptn should be revised followg the urt’s reversal of Roe v. If the past week is any ditn, gay marriage is g to a state near you — and Monday, Oregon beme the 18th state to allow same-sex marriag. The next day, platiffs Montana filed the first challenge to the ban on gay marriage there, and the day after that, the same thg happened South Dakota — leavg North Dakota as the lone state wh a ban that hasn't been challenged.

"There really is not another issue out there that has gaed so much support so fast, " said Charl Jough, natnal prs secretary for Human Rights Campaign, a civil rights anizatn that works for lbian, gay, bisexual and transgenr equal gas marriage equaly have been a victory for not jt gay upl, but for their sce Ben Wt and Pl Rummell of Portland, Ore., started fosterg an 8-year-old named Jay 2012, the ltle boy who had been passed om foster home to foster home had one qutn: "When am I gog to have a forever fay? "The lg brought validy to [Jay's] forever fay, that we as a society regnize his fay is important and that we're takg on the rponsibily to raise this child that didn't get the right start at life and we're makg sure that he has every opportuny to grow and be a wonrful, healthy person, " the 35-year-old Wt said, chokg Wt and Rummell met 2006, they've seen a huge change attus toward gay rights. Gay marriage is allowed, and the public perceptnBis Oregon and Pennsylvania, the stat allow gay marriage: California, Connecticut, Delaware, Hawaii, Iowa, Illois, Mae, Maryland, Massachetts, Mnota, New Hampshire, New Jersey, New Mexi, New York, Rho Island, Vermont, and other stat allow civil unns or domtic partnerships for same-sex upl: Colorado, Nevada and trend toward gay marriage has picked up steam.

Meanwhile, judg 11 stat have issued lgs favor of same-sex marriage, but many of those lgs have been stayed as they proceed to appellate urts: Judg have stck down gay marriage bans Arkansas, Idaho, Michigan, Oklahoma, Texas, Utah and Virgia. "Sce public opn on the issue is changg so much, the polics of whether mak sense to ntue spendg lns of dollars taxpayer money on this issue is changg, " said Jam Esseks, director of the ACLU Lbian Gay Bisexual Transgenr & AIDS the g months, five feral appeals urts will nsir ne marriage equaly s om Utah, Oklahoma, Nevada, Texas, Virgia, Tennsee, Kentucky, Oh and last summer's Supreme Court lg on the Defense of Marriage Act and Prop 8, two historic marriage s, not a sgle state marriage ban has survived a feral urt challenge.

SHOULD GAY MARRIAGE BE LEGAL?

Challeng to gay marriage bans on the state level uld bee moot if the Supreme Court cis to take up the issue, predicted to happen as early as 2015, and strik down the laws.

"There uld be a Supreme Court cisn sayg the Constutn requir every state to regnize gay marriage, " said Michael Klarman, a Harvard law school profsor and thor of "From the Closet to the Altar: Courts, Backlash, and the Stggle for Same-Sex Marriage. Historilly, the state that polled the lowt public support for gay marriage was Mississippi, which voted agast gay marriage 86 percent to 14 percent 10 years ago, Klarman said.

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

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.

SUPREME COURT DECISN: GAY MARRIAGE IS LEGAL ALL 50 STAT

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.

Almost two s later, June 2013, the Supreme Court stck down DOMA by clarg unnstutnal bee barred feral regnn of gay rights.

WHICH STAT ALLOW GAY 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. Adam Ebb, the first openly gay lawmaker the state’s General Assembly, troduced the bill, which was one of four pro-LGBTQ measur passed the state this month. Indiana is one of those stat, though an attempt to remove s gay marriage ban was unsuccsful last month the Republin-ntrolled state Legislature.

”Five years after the Supreme Court had s say on the issue, same-sex marriage remas a polilly ntent issue, and LGBTQ advot ntue to battle urtrooms and stateho to ensure gay upl n exercise their right to marry. The first one began the 1970s, when gay upl would apply for marriage licens and many state judg at the time led that the unns were not prohibed.

” The “mi-DOMAs, ” he noted, banned gay marriage fay s and state law, not the 1998, Hawaii beme the first state to pass a nstutnal amendment specifilly targetg same-sex marriage. 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.

GAY MARRIAGE

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. In addn, public opn has shifted strongly favor of same-sex marriage, wh a 2019 Gallup poll fdg 63 percent of Amerins approve of such, is gay marriage safe?

And while Tmp claimed to be a “real iend” to lbian, gay, bisexual, transgenr and queer people durg the 2016 mpaign, Kadi said his admistratn is “no ally to the LGBTQ muny. 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.

WHAT IS THE STATE OF GAY MARRIAGE THE US?

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.