Supreme Court Rulg Means Gay Marriage Is Vulnerable | Time

Contents:

• GAY MARRIAGE
• STATE-BY-STATE HISTORY OF BANNG AND LEGALIZG GAY MARRIAGE
• GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE
• I WAS PART OF 303 CREATIVE'S CASE. I BACK GAY MARRIAGE—BUT SCOTUS IS RIGHT
• THE SUPREME COURT DECLAR GAY MARRIAGE IS A RIGHT
• GAY MARRIAGE STATE BY STATE: FROM A FEW STAT TO THE WHOLE NATN

GAY MARRIAGE

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.

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

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. 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.

GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX 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.

Perry legalized same-sex marriage early 2010s ntued the state-level battl over gay marriage that fed the precedg , wh at least one notable event. 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. 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.

I WAS PART OF 303 CREATIVE'S CASE. I BACK GAY MARRIAGE—BUT SCOTUS IS RIGHT

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.

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. 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.

THE SUPREME COURT DECLAR GAY MARRIAGE IS A RIGHT

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.

Kennedy, then the center of the High Court, rejected the optns before him, cidg agast sidg wh a same-sex uple who had been nied a ke for their Colorado weddg receptn and agast sidg wh the baker who said his oven was off-lims to gay upl. Jt a few weeks ago, when Transportatn Secretary Pete Buttigieg, the natn’s hight-rankg Senate-nfirmed gay member of the Bin Admistratn, joed TIME’s Washgton Bure for a wi-rangg nversatn, he was blunt: “I mean, Roe fell and that was the law of the land for longer than I’ve been alive. ImageLorie Smh said her Christian fah requir her to turn away ctomers seekg servic to celebrate same-sex Woolf for The New York TimThe Supreme Court sid on Friday wh a web signer Colorado who said she had a First Amendment right to refe to sign weddg webs for same-sex upl spe a state law that forbids discrimatn agast gay people.

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

’”The se, though amed as a clash between ee speech and gay rights, was the latt a seri of cisns favor of relig people and groups, notably nservative cisn also appeared to suggt that the rights of L.

The liberal jtic viewed as somethg else entirely — a dispute that threatened societal protectns for gay rights and rolled back some recent an impassned dissent, Jtice Sonia Sotomayor warned that the oute signaled a return to a time when people of lor and other mory groups faced open discrimatn. Kavangh and Amy Coney Barrett, shifted the urt to the urts have generally sid wh gay and lbian upl who were refed service by bakeri, florists and others, lg that potential ctomers are entled to equal treatment, at least parts of the untry wh laws forbiddg discrimatn based on sexual owners of bs challengg those laws have argued that the ernment should not force them to choose between the requirements of their fahs and their livelihoods.