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

Contents:

• GAY MARRIAGE
• STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS
• SHOULD GAY MARRIAGE BE LEGAL?
• TEXAS JUDGE WHO DON’T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER’S SUPREME COURT SE HELPS HER FIGHT
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW. VOTERS ULD REMOVE NEXT YEAR
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR

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.

STAT ACROSS U.S. STILL CLG TO OUTDATED GAY MARRIAGE BANS

” 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.

SHOULD GAY MARRIAGE BE LEGAL?

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.

TEXAS JUDGE WHO DON’T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER’S SUPREME COURT SE HELPS HER FIGHT

The state fally troduced the untry to gay marriage (m the feral benefs) when began issug same-sex marriage licens on May 17, that year, the U. Bh—that would outlaw gay marriage across the untry. 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. 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.

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

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. 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.

History of state-level gay marriage bansStat have two typ of bans on same-sex marriage: statutory and nstutnal. 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.

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

” 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. Ultimately, 30 more stat adopted nstutnal amendments prohibg gay marriage.