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

Contents:

• GAY MARRIAGE
• HISTORY OF GAY MARRIAGE
• GAY RIGHTS
• HOW GAY MARRIAGE BEME A CONSTUTNAL RIGHT
• GAY MARRIAGE TIMELE
• WHEN WAS GAY MARRIAGE LEGALIZED THE US?

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. 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. 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.

HISTORY OF GAY MARRIAGE

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. 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. By one vote, the urt l that same-sex marriage nnot be banned the Uned Stat and that all same-sex marriag mt be regnized natnwi, fally grantg same-sex upl equal rights to heterosexual upl unr the 1971, jt two years after the Stonewall Rts that unofficially marked the begng of the stggle for gay rights and marriage equaly, the Mnota Supreme Court had found same-sex marriage bans nstutnal, a precent which the Supreme Court had never challenged.

GAY RIGHTS

Scholars and the general public beme creasgly terted the issue durg the late 20th century, a perd when attus toward homosexualy and laws regulatg homosexual behavur were liberalized, particularly wtern Europe and the Uned issue of same-sex marriage equently sparked emotnal and polil clash between supporters and opponents.

In other s, the cultural homogeney supported by the domant relign did not rult the applitn of doctre to the civic realm but may nohels have fostered a smoother seri of discsns among the cizenry: Belgium and Spa had legalized same-sex marriage, for stance, spe official opposn om their predomant relig stutn, the Roman Catholic Church. Most of the world religns have at some pots their histori opposed same-sex marriage for one or more of the followg stated reasons: homosexual acts vlate natural law or dive tentns and are therefore immoral; passag sacred texts nmn homosexual acts; and relig tradn regniz only the marriage of one man and one woman as valid.

Acrdg to the urt’s applitn of the equal-protectn clse, such a termatn would subject not only the marriage bans but a whole range of feral, state and lol laws that disadvantaged gay men and lbians (and possibly transgenred people, as well) to a higher level of judicial scty. Ernment signated Gerber’s Chigo hoe a Natnal Historic Pk TriangleCorbis/Getty ImagHomosexual prisoners at the ncentratn mp at Sachsenhsen, Germany, wearg pk triangl on their uniforms on December 19, gay rights movement stagnated for the next few s, though LGBT dividuals around the world did e to the spotlight a few example, English poet and thor Radclyffe Hall stirred up ntroversy 1928 when she published her lbian-themed novel, The Well of Lonels.

HOW GAY MARRIAGE BEME A CONSTUTNAL RIGHT

”Though started off small, the foundatn, which sought to improve the liv of gay men through discsn groups and related activi, expand after foundg member Dale Jenngs was arrted 1952 for solicatn and then later set ee due to a adlocked the end of the year, Jenngs formed another anizatn lled One, Inc., which weled women and published ONE, the untry’s first pro-gay magaze. Post Office, which 1954 clared the magaze “obscene” and refed to liver Mattache Society Mattache Foundatn members rtctured the anizatn to form the Mattache Society, which had lol chapters other parts of the untry and 1955 began publishg the untry’s send gay publitn, The Mattache Review.

That same year, four lbian upl San Francis found an anizatn lled the Dghters of Bilis, which soon began publishg a newsletter lled The Ladr, the first lbian publitn of any early years of the movement also faced some notable setbacks: the Amerin Psychiatric Associatn listed homosexualy as a form of mental disorr followg year, Print Dwight D. ”In fear of beg shut down by thori, bartenrs would ny drks to patrons spected of beg gay or kick them out altogether; others would serve them drks but force them to s facg away om other ctomers to prevent them om 1966, members of the Mattache Society New York Cy staged a “sip-”—a twist on the “s-” protts of the 1960s— which they vised taverns, clared themselv gay, and waed to be turned away so they uld sue.

GAY MARRIAGE TIMELE

They were nied service at the Greenwich Village tavern Juli, rultg much publicy and the quick reversal of the anti-gay liquor Stonewall Inn A few years later, 1969, a now-famo event talyzed the gay rights movement: The Stonewall clanste gay club Stonewall Inn was an stutn Greenwich Village bee was large, cheap, allowed dancg and weled drag queens and homels the early hours of June 28, 1969, New York Cy police raid the Stonewall Inn. Addnally, several openly LGBTQ dividuals secured public office posns: Kathy Kozachenko won a seat to the Ann Harbor, Michigan, Cy Council 1974, beg the first out Amerin to be elected to public Milk, who mpaigned on a pro-gay rights platform, beme the San Francis cy supervisor 1978, beg the first openly gay man elected to a polil office asked Gilbert Baker, an artist and gay rights activist, to create an emblem that reprents the movement and would be seen as a symbol of pri. In 1981, the Centers for Disease Control and Preventn published a report about five prevly healthy homosexual men beg fected wh a rare type of 1984, rearchers had intified the e of AIDS—the human immunoficiency vis, or HIV—and the Food and Dg Admistratn licensed the first mercial blood tt for HIV 1985.

But after failg to garner enough support for such an open policy, Print Clton 1993 passed the “Don’t Ask, Don’t Tell” (DADT) policy, which allowed gay men and women to serve the ary as long as they kept their sexualy a rights advot cried the Don’t Ask, Don’t Tell policy, as did ltle to stop people om beg discharged on the grounds of their 2011, Print Obama fulfilled a mpaign promise to repeal DADT; by that time, more than 12, 000 officers had been discharged om the ary unr DADT for refg to hi their sexualy. Don’t Ask, Don’t Tell was officially repealed on September 20, Marriage and Beyond In 1992, the District of Columbia passed a law that allowed gay and lbian upl to register as domtic partners, grantg them some of the rights of marriage (the cy of San Francis passed a siar ordance three years prr and California would later extend those rights to the entire state 1999) 1993, the hight urt  Hawaii led that a ban on gay marriage may go agast the state’s nstutn.

WHEN WAS GAY MARRIAGE LEGALIZED THE US?

In 1994, a new anti-hate-crime law allowed judg to impose harsher sentenc if a crime was motivated by a victim’s sexual Matthew Shepard ActCourty of the Matthew Shepard FoundatnMatthew Shepard, who was btally killed a hate crime 2003, gay rights proponents had another b of happy news: the U. Gay rights proponents mt also ntent wh an creasg number of “relig liberty” state laws, which allow bs to ny service to LGBTQ dividuals due to relig beliefs, as well as “bathroom laws” that prevent transgenr dividuals om g public bathrooms that don’t rrpond to their sex at birth. They appealed va to Natnal Gay Rights Advot (now funct), the Lbian Rights Project (now the Natnal Center for Lbian Rights), the Amerin Civil Liberti Unn, and Lambda Legal, where a young lawyer named Evan Wolfson wanted to take the se—but his boss, who were opposed to pursug gay marriage, wouldn’t let him.

The same clerk who refed to give them a marriage license, Irene Takeda, was still on duty to give Dancel a legal marriage license when Hawaii legalized gay marriage and Dancel married Kathryn Dennis November we talked, I noticed some faiar fac havg dner at the next table. Washgton n be a small town sometim; was Print Obama’s senr adviser, Valerie Jarrett, along wh Kathleen Sebeli, the former secretary of health and human servic, and Ja Napolano, the former secretary of homeland secury—three top members of the admistratn of a Democratic print who had n 2008 as an opponent of gay marriage, and aga 2012 as a newly nverted supporter.