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

Contents:

• GAY MARRIAGE BY STATE [UPDATED JULY 2023]
• STATE-BY-STATE HISTORY OF BANNG AND LEGALIZG GAY MARRIAGE
• FACTBOX: LIST OF STAT THAT LEGALIZED GAY MARRIAGE
• GAY MARRIAGE
• WHICH STAT ALLOW GAY MARRIAGE?
• STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS
• GAY MARRIAGE STATE BY STATE: FROM A FEW STAT TO THE WHOLE NATN
• MAP: WHICH STAT ALLOW GAY MARRIAGE?

GAY MARRIAGE BY STATE [UPDATED JULY 2023]

On November 6, 2012, Mae, Maryland, and Washgton beme the first stat to legalize gay marriage through a popular vote. Dpe this, not all stat are abidg and have enacted nstutnal or statutory bans on gay marriage known as “Defense of Marriage” acts.

In others – most recently Alabama – ’s been state or feral judg forcg the toehold long sought by gay rights advot and bterly ntted by those who argue marriage is an stutn rerved solely for one man and one woman.

The state’s nstutnal ban on gay marriage, passed 2004, was stck down twice last year – once by a state urt judge and aga by a U. Court of Appeals for the Sixth Circu later overturned the lg, restatg gay marriage bans Kentucky and four other stat. The rmatn below reflects the stat of gay marriage natnwi on June 25, 2015, the day prr to the Supreme Court’s cisn.

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

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. Stat where gay marriage bans had been overturned, but where appeals were progrs prr to the June 26, 2015 Supreme Court lg. ARKANSAS – On May 9, 2014, Arkansas’ gay marriage ban was led unnstutnal by Pulaski County Circu Judge Chris Piazza.

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.

FACTBOX: LIST OF STAT THAT LEGALIZED GAY MARRIAGE

25, 2014, US District Judge Kriste Baker led the state’s gay marriage ban unnstutnal, but stayed her own lg, pendg expected appeals.

Heyburn II led that Kentucky’s nstutnal amendment banng gay marriage vlat the equal protectn clse the US Constutn.

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. 6, 2014, a three-judge panel of the Sixth US Circu Court of Appeals overturned Judge Friedman’s lg 2-1, th upholdg the state’s gay marriage ban.

GAY MARRIAGE

25, 2014, US District Judge Carlton Reev led the state’s gay marriage ban unnstutnal, but stayed his own lg, pendg expected appeals. 2, 2015, US District Judge Joseph Bataillon clared Nebraska’s gay marriage ban unnstutnal, scribg as an “unabashedly genr-specific gement of the equal rights of s cizens. 12, 2015, US District Judge Karen Schreier led South Dakota’s gay marriage ban unnstutnal, statg that “Platiffs have a fundamental right to marry… South Dakota law priv them of that right solely bee they are same-sex upl and whout sufficient jtifitn.

19, 2015, two At women were married after state District Judge David Wahlberg orred an exceptn be ma to Texas’ gay marriage ban bee one of the women had been diagnosed wh ovarian ncer. Jordan Steffen and John Ingold, “Colorado Supreme Court Puts Halt to Boulr Gay Marriage Licens, ”, July 30, 2014. Jason Ste and Patrick Marley, “Court Rul agast Wisns’s, Indiana’s Gay Marriage Bans, ” Milwkee-Wisns Journal-Sentel, Sep.

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. Ecuador 2019Lat Ameri-CaribbeanCourt lg ma Ecuador the fifth South Amerin untry to allow gays and lbians to wed.

WHICH STAT ALLOW GAY 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.

Supreme Court was expected on Wednday to issue lgs two major s relatg to gay first three stat to allow gay marriage did so bee of urt lgs permtg , rather than through legislative actn or puttg the issue to voters to ci. Sce mid-2009, six stat have approved gay marriage laws by passg laws state legislatur and three stat by ballot California, same-sex marriage was legal briefly 2008 followg a urt lg permtg . Supreme is a look at the stat that have approved gay ORDERS* MASSACHUSETTS - In 2003, Massachetts beme the first state to allow gay marriage after s hight urt led the state’s ban vlated the nstutnal rights of same-sex upl.

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

LEGISLATIVE ACTION* VERMONT - In 2009, Vermont beme the first state to legalize gay marriage by legislative means.

* NEW HAMPSHIRE - Two years after New Hampshire began allowg same-sex upl to enter to civil unns, the state approved gay marriage 2009.

* NEW YORK - After a gay marriage bill failed New York’s Democratic-ntrolled Senate by a marg of 38 to 24 2009, advot retooled their strategy and applied prsure to lawmakers who had voted “no. * RHODE ISLAND - In 2013, after the state legislature and ernor approved a gay marriage bill, Rho Island beme the last of the New England stat to legalize same-sex marriage. 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.

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

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. A Washgton Post-ABC News poll March found that 59 percent of Amerins support gay and lbians beg allowed to legally marry. 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. 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.

MAP: WHICH STAT ALLOW GAY MARRIAGE?

"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. 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.