History of same-sex marriage in the United States

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The history of same-sex marriage in the United States dates from the early 1970s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful.[1] The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

The first legal same-sex marriage ceremony in the United States happened on February 12th, 2004, when the mayor of San Francisco, Gavin Newsom, ordered city hall to issue marriage licenses to same-sex couples. This decision resulted in the celebration of the first gay marriage in the United States, when Del Martin and Phyllis Lyon became the first gay couple to tie the knot and get official recognition of their fifty year relationship (Marriage Equality New York).

On May 17, 2004, Massachusetts became the first U.S. state and the sixth jurisdiction in the world to legalize same-sex marriage following the Supreme Judicial Court's decision in Goodridge v. Department of Public Health six months earlier. Just as with the Hawaii decision, the legalization of same-sex marriage in Massachusetts provoked a reaction from opponents of same-sex marriage that resulted in further legal restrictions being written into state statutes and constitutions. The movement to obtain marriage rights for same-sex couples expanded steadily from that time until in late 2014 lawsuits had been brought in every state that still denied marriage licenses to same-sex couples.

By late 2014, same-sex marriage had become legal in states that contained more than 70% of the United States population. In some jurisdictions legalization came through the action of state courts or the enactment of state legislation. More frequently it came as the result of the decisions of federal courts. On November 6, 2012, Maine, Maryland, and Washington became the first states to legalize same-sex marriage through popular vote. Same-sex marriage has been legalized in the District of Columbia and 21 Native American tribal jurisdictions as well.

The June 2013 decision of the U.S. Supreme Court in United States v. Windsor striking down the law barring federal recognition of same-sex marriage gave significant impetus to the progress of lawsuits that challenged state bans on same-sex marriage in federal court. Since that decision, with only a few exceptions, U.S. District Courts and Courts of Appeals have found state bans on same-sex marriage unconstitutional, as have several state courts. The exceptions have been a state court in Tennessee, U.S. district courts in Louisiana and Puerto Rico, and the U.S. Court of Appeals for the Sixth Circuit. The U.S. Supreme Court has agreed to hear appeals from that circuit's decision.

On June 26, 2015, the U.S. Supreme Court struck down all state bans on same-sex marriage, legalized it in all fifty states, and required states to honor out-of-state same-sex marriage licenses in the case Obergefell v. Hodges.

Early years[edit]

Historical documents do record numerous examples of same-sex couples living in relationships that functioned as marriages even if they could not be legally sanctified as such.[2] Historian Rachel Hope Cleves documents one such relationship, that of 19th-century Vermont residents Charity Bryant and Sylvia Drake, in her 2014 book Charity and Sylvia: A Same-Sex Marriage in Early America.[2]

Same-sex marriage was, however, rarely mentioned or recognized as a political issue before the 1970s. In August 1953, officials of the U.S Post Office delayed delivery of that month's issue of ONE magazine, with the cover story "Homosexual Marriage?", for three weeks while they tried to determine whether its contents were obscene.[3] Few mentions of the subject have been documented in the decades that followed.[4][5] In June 1971, members of the Gay Activists Alliance demanded marriage rights for same-sex couples at New York City's Marriage License Bureau.[6][7]

The Minnesota Supreme Court ruled in October 1971 that Minnesota's laws prohibiting marriages between same-sex partners did not violate the federal constitution. In October 1972, the U.S. Supreme Court declined to consider the case, Baker v. Nelson, "for want of a substantial federal question." Baker set federal precedent that blocked federal courts from ruling on the constitutionality of same-sex marriage for decades. The next year, the National Coalition of Gay Organizations called for the repeal of all statutes limiting marriage to different-sex couples and for extending the legal benefits of marriage to all cohabiting couples.[8]

Several states enacted bans on same-sex marriage in the late 1970s as well, including Virginia in 1975,[9] and Florida,[10] California,[11] and Wyoming in 1977.[12]

Activist debate[edit]

In the late 1980s, activists debated whether marriage rights should be at the forefront of the broader campaign for LGBT equality. Some of the oldest groups saw marriage as a contradiction of the radical origins of the gay rights movement in the sexual liberation movement of the 1960s. Others raised the tactical objection that a step-by step campaign that focused on near-term potential victories like anti-discrimination statutes stood a greater chance of long term success.[citation needed] In 1989, as a contribution to this debate, Andrew Sullivan's essay "Here Comes the Groom: A (Conservative) Case for Gay Marriage" appeared in the New Republic.[13] In late 1993, Bruce Bawer in A Place at the Table contended using traditional moral arguments that same-sex relationships merit legal and religious recognition as marriages. He identified himself as part of a "silent majority" of non-radicals unrepresented in media depictions of gay and lesbian life and criticized the gay community for identifying homosexuality with sexual behavior.[14]

The issue of marriage had enough appeal within the gay and lesbian community that in April 1993, as part of the demonstrations surrounding the gay rights march in Washington, D.C., about 1,500 same-sex couples staged a mass wedding ceremony with "a dozen ministers, organ music, photographers and rice" at the National Museum of Natural History to call for marriage rights for gays and lesbians.[15]

Hawaii and reaction[edit]

The Hawaii case of Baehr v. Miike attracted national attention when the Hawaii Supreme Court on May 5, 1993, ordered a trial court to consider whether the state could demonstrate that denying marriage licenses to same-sex couples "furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights."[16]

Congressional reaction to that ruling, partly in anticipation of the approaching presidential election, resulted in the enactment of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages. President Bill Clinton signed it into law on September 21, 1996.[17] In November 1998, Hawaii voters approved a state constitutional amendment allowing their legislature to ban same-sex marriage,[18][a] and Alaska voters approved a state constitutional amendment defining marriage as the union of one man and one woman.[19]

Lawrence v. Texas[edit]

In parallel with the campaign for same-sex marriage, LGBT civil rights gained legal recognition. In 2003, the U.S. Supreme Court struck down Texas' "Homosexual Conduct" law in Lawrence v. Texas.[20] The ruling rendered same-sex sodomy laws in Kansas, Oklahoma and Missouri and broader sodomy laws in nine other states unenforceable.[21]

Massachusetts and reactions[edit]

On November 18, 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that denying marriage rights to same-sex couples violated the Massachusetts Constitution.[22] Massachusetts became the first United States jurisdiction to license and recognize same-sex marriages beginning May 17, 2004.[23][24]

In February and March 2004, city officials in San Francisco issued marriage licenses to about 4000 same-sex couples before being ordered to stop by the California Supreme Court.[25] On February 20, 2004, the clerk in Sandoval County, New Mexico, issued marriage licenses to same-sex couples for a day until the state attorney general issued an opinion that they were "invalid under state law".[26] Similar actions occurred in New Paltz, New York (February 27); Multnomah County, Oregon (March 3); and Asbury Park, New Jersey (March 8).[27]

On November 2, 2004, voters in eleven states–Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon, and Utah–approved state constitutional amendments defining marriage as the union of one man and one woman.[28] Kansas did so on April 5, 2005,[29] as did Texas voters on November 8 of that year.[30]

The adverse reactions continued in 2006. Alabama voters approved a state constitutional amendment defining marriage as the union of one man and one woman on June 6.[31] Voters in Colorado, Idaho, South Carolina, South Dakota, Tennessee, Virginia, and Wisconsin adopted similar amendments on election day, November 7.[32][33] The only exception that day was Arizona, where voters rejected an initiative banning the recognition same-sex marriages and civil unions.[34]

California Governor Arnold Schwarzenegger twice vetoed legislation that would have made same-sex marriage legal there, in September 2005[35] and October 2007.[36]

2008[edit]

Decision and reversal in California[edit]

On May 15, 2008, the Supreme Court of California issued a decision that legalized same-sex marriage in California, holding that California's existing opposite-sex definition of marriage violated the constitutional rights of same-sex couples.[37] To overturn the decision, opponents of same-sex marriage placed a state constitutional amendment on the November ballot.[38] Known as Proposition 8, it passed in November 2008, ending the licensing and recognition of same-sex marriages in California after less than six months.[39]

In two more states, Arizona and Florida, voters approved constitutional amendments defining marriage as the union of one man and one woman.[40]

Court ruling: Connecticut[edit]

On October 10, 2008, the Connecticut Supreme Court ruled that the state's civil unions statute discriminated against same-sex couples and required the state to recognize same-sex marriages.[41] On November 12, 2008, the first marriage licenses to same-sex couples were issued and the following year, the state enacted gender-neutral marriage legislation.[42]

National political parties[edit]

In August and September, the national political parties addressed same-sex marriage in their party platforms. The Democratic National Convention adopted a platform that "oppose[s]the Defense of Marriage Act and all attempts to use this issue to divide us" and suggested support for same-sex marriage: "We support the full inclusion of all families, including same-sex couples, in the life of our nation, and support equal responsibility, benefits, and protections."[43] The Republican National Convention platform said that judges are "undermining traditional marriage laws", endorsed the Federal Marriage Amendment and state initiatives that support "traditional marriage", and referenced "the right of states not to recognize same-sex 'marriages'".[44]

2009[edit]

Court decision: Iowa[edit]

On April 3, 2009, a unanimous Iowa Supreme Court ruling upheld a lower court ruling in Varnum v. Brien that denying marriage rights to same-sex couples violated the state constitution,[45] and licenses became available on April 27.[46] In the next judicial retention elections in November 2010, Iowa voters removed three of the justices that participated in the Varnum decision,[47] following a campaign by groups opposed to same-sex marriage including the National Organization for Marriage.[48]

Legislation: Vermont, New Hampshire, District of Columbia[edit]

On April 7, 2009, Vermont legalized same-sex marriage through legislation. The Governor of Vermont had previously vetoed the measure, but the veto was overridden by the Legislature. Vermont was the first state in the United States to legalize same-sex marriage through legislative means rather than litigation.

On June 3, 2009, New Hampshire by enacting legislation became the sixth state to legalize same-sex marriage,[49] effective January 1, 2010.[50]

On December 18, 2009, the Council of the District of Columbia enacted legislation legalizing same-sex marriage[51] and same-sex marriage licenses became available on March 3, 2010.[52]

Enactment and reversal in Maine[edit]

On May 6, 2009, Maine Governor John Baldacci signed a law legalizing same-sex marriage, becoming the first state governor to do so.[53] Nonetheless, the legislation was stayed pending a vote and never went into effect. It was repealed by referendum in November 2009.[citation needed]

Respect for Marriage Act[edit]

In September 2009, several Democratic members of Congress proposed legislation to repeal DOMA. Barney Frank opposed the move because he thought its enactment impossible.[54] Nancy Pelosi had warned earlier in the year that the legislative calendar had no room for the issue.[55]

2010[edit]

As of January 2010, 29 states had constitutional provisions restricting marriage to one man and one woman, while 12 others had statutes that did so.[56] Nineteen states banned any legal recognition of same-sex unions that would be equivalent to civil marriage.[57] Voters had approved 28 out of 30 popular referenda in which states asked voters to adopt a constitutional amendment or initiative defining marriage as the union of a man and a woman.[b] Arizonans voted down one such amendment in 2006,[58] but approved a different amendment to that effect in 2008.[59]

2011[edit]

Legislation: New York[edit]

On June 24, 2011, New York Governor Andrew Cuomo signed the state's Marriage Equality Act into law.[60][c] It took effect a month later.[62]

2012[edit]

Legislation: Washington, Maryland[edit]

Washington Governor Christine Gregoire signed same-sex marriage legislation into law on February 13, 2012.[63] Maryland Governor Martin O'Malley did the same on March 1.[64]

National politics[edit]

The Republican National Convention approved a platform that asserts the right of the federal government and each state to deny legal recognition to same-sex marriages and endorsed a constitutional amendment defining marriage as the union of one man and one woman.[65] The Democratic National Convention adopted a political platform that supported marriage equality for the first time in its history and opposed all constitutional amendments that would exclude same-sex couples from marriage.[66]

Balloting results[edit]

On May 8, 2012, North Carolina voters approved a constitutional amendment banning same-sex marriage as well as all other types of same-sex unions.[67][d]

In the regular November 2012 elections, voters for the first time approved the legalization of same-sex marriage by popular vote in three states: Maine, Maryland, and Washington. Maine's law took effect on December 29, 2012.[68] Maryland started allowing same-sex marriages on January 1, 2013,[69][e] In Washington state, the first licenses were distributed on December 6, with the first marriages on December 9 following the mandatory three-day waiting period.[71][72] In the same election, Minnesota rejected a constitutional ban on same-sex marriage.[73][f]

2013[edit]

United States v. Windsor[edit]

On June 26, 2013, the U.S. Supreme Court issued a 5–4 decision in United States v. Windsor, ruling Section 3 of DOMA unconstitutional "as a deprivation of the equal liberty ... protected by the Fifth Amendment."[74] The decision was widely quoted by both sides in same-sex marriage lawsuits.

Court rulings: California, New Jersey, New Mexico[edit]

On August 4, 2010, a decision by a U.S. District Court in Perry v. Schwarzenegger ruled that California's Proposition 8 was unconstitutional.[75] The Supreme Court dismissed the case for lack of standing on June 26, 2013,[76] after which the issuance of marriage licenses to same-sex couples resumed on June 28, 2013.[77]

New Jersey began issuing same-sex marriage licenses on October 21, 2013, following a September 27 state superior court decision that found an equal protection right of same-sex couples to marry. It reasoned that with the U.S. Supreme Court's recent action in United States v. Windsor, couples in New Jersey civil unions lacked access to federal benefits they could now receive if married.[78][g] Governor Chris Christie, who had vetoed legislation legalizing same-sex marriage in February 2012,[80] filed an appeal to the New Jersey Supreme Court, but withdrew it after the court refused to stay the lower court's ruling.[81]

Eight New Mexico counties, either on the basis of a court decision or their clerks' own volition, began issuing marriage licenses to same-sex couples in August 2013.[82] On December 19, 2013, the New Mexico Supreme Court ruled unanimously that same-sex marriage would be permitted throughout the state, effective immediately.[83]

State legislation: Rhode Island, Delaware, Minnesota, Hawaii, Illinois[edit]

Several jurisdictions enacted same-sex marriage in 2013. Rhode Island enacted legislation on May 2, which took effect August 1;[84] Delaware enacted legislation on May 7, which took effect July 1;[85] and Minnesota enacted legislation on May 14, which took effect August 1.[86] In October and November 2013, the Hawaii legislature enacted legislation legalizing same-sex marriage, which Governor Neil Abercrombie signed on November 13. The law took effect on December 2, 2013.[87] Illinois Governor Pat Quinn signed legislation legalizing same-sex marriage on November 20,[88] effective June 1, 2014, though in practice marriage licenses became widely available to same-sex couples in March.[h]

Utah court ruling and subsequent stay[edit]

On December 20, 2013, U.S. District Court Judge Robert J. Shelby found Utah's same-sex marriage ban unconstitutional in Kitchen v. Herbert.[93] Salt Lake County began issuing marriage licenses immediately, followed by other counties,[94] until the state obtained a stay from the U.S. Supreme Court on January 6, 2014.[95]

2014[edit]

On January 10, U.S. Attorney General Eric Holder announced that the federal government would recognize the marriages of same-sex couples who married in Utah between December 20, 2013, and January 6, 2014.[96]

Court decisions: Oregon and Pennsylvania[edit]

On May 19, 2014, U.S. District Judge Michael J. McShane ruled in Geiger v. Kitzhaber that Oregon's voter-approved constitutional amendment banning same-sex marriage was unconstitutional.[97] He ordered marriages to begin immediately and Governor John Kitzhaber applauded the decision.[98] The National Organization for Marriage sought without success to intervene to seek a stay and appeal the decision.[98][99]

On May 20, 2014, U.S. District Judge John E. Jones III struck down Pennsylvania's same-sex marriage ban in his ruling in Whitewood v. Wolf.[100][i] Governor Tom Corbett said he would not appeal the court decision, allowing same-sex marriages to be licensed in Pennsylvania.[102] One county clerk has tried repeatedly to intervene in the lawsuit until U.S. Supreme Court Justice Samuel Alito, Circuit Justice for the Third Circuit, denied the clerk's application for a stay on July 8, 2014, and the Third Circuit denied the clerk's petition to rehear her case for intervention on August 4, 2014.[103]

Louisiana ban upheld[edit]

On September 3, District Judge Martin Feldman ruled against the plaintiff same-sex couples in Robicheaux v. Caldwell, upholding Louisiana's ban on same-sex marriage.[104] It was the first decision of a federal court since the U.S. Supreme Court ruling in Windsor in June 2013 to uphold the constitutionality of a state ban on same-sex marriage.[105]

U.S. Supreme Court declines cases[edit]

On October 6, 2014, the U.S. Supreme Court declined to take action on all five cases it had been asked to consider from appellate courts in the Fourth, Seventh, and Tenth Circuits, allowing the circuit court decisions striking down marriage bans to stand.[106]

States with cases at issue: Virginia, Indiana, Wisconsin, Oklahoma, Utah[edit]

The Supreme Court's action allowed the decisions of the lower courts to take effect. It resulted in the prompt legalization of same-sex marriage in several states with cases at issue:

  • Fourth Circuit: Virginia[107][j]
  • Seventh Circuit:[k] Indiana[l] and Wisconsin[m]
  • Tenth Circuit: Oklahoma[n] and Utah[o]

Other states in the affected circuits: Colorado, West Virginia, North Carolina, Wyoming, South Carolina, Kansas[edit]

Same-sex marriage bans were expected to end in six other states in the three circuits affected by the Supreme Court's action.[123]–Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming–but at first officials in South Carolina, Wyoming, and Kansas said they would continue to defend their states' bans.[124]

In Colorado, Attorney General John Suthers asked the Tenth Circuit to dismiss his appeal and lift its stay in Burns v. Hickenlooper. He asked the State Supreme Court to lift a stay preventing certain clerks from issuing marriage licenses to same-sex couples. Both courts lifted their stays on October 7, 2014, and Suthers ordered all county clerks to issue marriage licenses to same-sex couples.[125][p]

In West Virginia, on October 9, Governor Ray Tomblin announced he was ordering state agencies to act in compliance with the decision of the Fourth Circuit Court of Appeals in ''Bostic v Schaefer'' on the unconstitutionality of same-sex marriage bans.[128]

In North Carolina, District Court Judge Max O. Cogburn, Jr., ruling in General Synod of the United Church of Christ v. Cooper on October 10, 2014, struck down North Carolina's ban on same-sex marriage, citing the Fourth Circuit's ruling in Bostic v. Schaefer.[129] Some North Carolina clerks began issuing marriage license to same-sex couple immediately.[130]

In Wyoming, on October 17, U.S. District Judge Scott Skavdahl ruled for the plaintiff same-sex couples in Guzzo v. Mead, but stayed enforcement of his ruling until October 23 or until the defendants informed the court that they will not appeal to the Tenth Circuit. The stay was lifted on October 21 when the state notified the court it would not appeal, ending enforcement of Wyoming's ban on same-sex marriage.[131]

In South Carolina, on November 12, U.S. District Court Judge Richard Gergel ruled South Carolina's ban on same-sex marriage unconstitutional in Condon v. Haley. He issued a temporary stay of his ruling, which took effect on November 20[132] after the U.S. Supreme Court refused to extend it.[133][q]

As of February 2015, Kansas remains the only state in the circuits affected by the Supreme Court's October 6 refusal to grant cert to continue to enforce in large measure its denial of marriage rights to same-sex couples. Many judges of the state's district courts issue marriage licenses to same-sex couples. Some began doing so based on their reading of Tenth Circuit precedent, others a few weeks later on the basis on a ruling against Kansas' ban on same-sex marriage issued on November 4, 2014, by U.S. District Judge Daniel D. Crabtree in Marie v. Moser,[136] following Kansas Attorney General Derek Schmidt's failure to win a stay of that ruling from the Tenth Circuit and the U.S. Supreme Court.[137] A Kansas Supreme Court decision in a state case, State v. Moriarty, affirmed the right of a circuit judge to determine the validity of the state's ban.[138] The state contends that it need only recognize licenses issued in the two counties whose officials were named in the federal lawsuit and subject to the order issued in that case.

Ninth Circuit decision[edit]

States with cases at issue[edit]

On October 7, 2014, the Ninth Circuit Court of Appeals ruled in two cases, overturning a district court in Nevada that had found that state's ban on same-sex marriage constitutional and affirming the decision of a district court in Idaho that had found that state's ban unconstitutional.[139][r] Following precedent in that circuit, it reviewed the states' bans against a higher standard than used by other courts, "heightened scrutiny".[s] Idaho Governor Butch Otter announced the state would no longer attempt to preserve the state's denial of marriage rights to same-sex couples, though he continued without success to seek review by the U.S. Supreme Court.[144] On October 13, 2014, the Ninth Circuit lifted the stay it had imposed in Latta v. Otter, allowing the district court decision to take effect, preventing further enforcement of Idaho's ban on same-sex marriage as of October 15, 2014.[145]

Other states in the Ninth Circuit: Alaska, Arizona, and Montana[edit]

  • Alaska. On October 12, 2014, Judge Timothy M. Burgess ruled that Alaska's denial of marriage rights to same-sex couples was unconstitutional and issued an injunction to prevent state officials from continuing to enforce it.[146] The head of the state Bureau of Vital Statistics said, "We expect our office will be busy tomorrow, (October 13) but we will make every effort to help customers as quickly as possible."[147]
  • Arizona. On October 17, 2014, U.S. District Judge John W. Sedwick declared Arizona's ban on same-sex marriage unconstitutional and enjoined the state from enforcing its ban, effective immediately. Arizona Attorney General Tom Horne said the state would not appeal the ruling and instructed county clerks to issue marriage licenses to same-sex couples.[148]
  • Montana. On November 19, 2014, U.S. District Court Judge Brian Morris ruled Montana's ban on same-sex marriage unconstitutional in Rolando v. Fox, immediately legalizing same-sex marriage there[149]

Sixth Circuit decision[edit]

On November 6, 2014, the Court of Appeals for the Sixth Circuit, in a 2-1 decision, upheld the same-sex marriage bans in Kentucky, Michigan, Ohio, and Tennessee.[150] The cases were:

In Kentucky, on February 12, U.S. District Judge John G. Heyburn declared Kentucky's refusal to recognize same-sex marriages from other jurisdictions unconstitutional.[151] On February 27, he ordered the state to recognize same-sex marriages performed in other jurisdictions,[152] but the next day he stayed that order until March 20,[153] and on March 19, he stayed it pending action by the Sixth Circuit.[154] On July 1, a judge ruled in Love v. Beshear that Kentucky's refusal to license same-sex marriages was unconstitutional and stayed that ruling.[155]

In Michigan, on March 21, U.S. District Court Judge Bernard A. Friedman found Michigan's ban on same-sex marriage unconstitutional. He did not stay enforcement of his decision. Michigan Attorney General Bill Schuette filed an emergency request with the Sixth Circuit Court of Appeals for a stay pending appeal.[156] Hundreds of same-sex couples obtained marriage licenses and some married in Michigan on the morning of March 22 before the appeals court temporarily stayed enforcement of the ruling. On March 26, Michigan Governor Rick Snyder said the Sixth Circuit's stay meant that "the rights tied to these marriages are suspended".[157] On January 15, 2015, U.S. District Judge Mark A. Goldsmith ruled in Caspar v. Snyder that Michigan must recognize the validity of more than 300 marriages of same-sex couples married the previous March in the time between a district court found the state's ban on same-sex marriage unconstitutional and the Sixth Circuit Court of Appeals stayed that ruling.[158]

In Ohio

In Tennessee

The same-sex couples in all these cases asked the U.S. Supreme Court to review them, and the state officials in Kentucky, Michigan, and Ohio who had won in the Sixth Circuit endorsed those requests in order to have a Supreme Court ruling on the subject of same-sex marriage.[citation needed]

Decisions being appealed: Arkansas, Mississippi, and Missouri[edit]

In Missouri, on November 5, 2014, a state judge in St. Louis ruled Missouri's ban unconstitutional.[159] Missouri Attorney General Chris Koster announced plans to appeal the ruling to the Missouri Supreme Court, but not to seek a stay of the ruling's implementation because "[f]ollowing decisions in Idaho and Alaska, the United States Supreme Court has refused to grant stays on identical facts."[160] The ruling directed St. Louis to issue marriage licenses to same-sex couples and the city's marriage license department immediately complied.[161] St. Louis County, where an official said "We believe it's a county-by-county decision",[162] began issuing marriage licenses to same-sex couples the next day.[163] Koster and the Recorders' Association of Missouri said the decision only applied to the city of St. Louis.[162] On November 7, a U.S. District Court judge ruled in Lawson v. Jackson County that Missouri's ban on same-sex marriage was unconstitutional. He stayed enforcement of his ruling pending appeal, and the Attorney General announced plans to appeal to the Eighth Circuit.[164] In Jackson County, which includes Kansas City, officials began issuing marriage licenses to same-sex couples the same day.[165]

On November 25, 2014, U.S. District Judge Kristine Baker struck down Arkansas' ban on same-sex marriage in Jernigan v. Crane, and she stayed enforcement of her ruling pending appeal.[166]

On November 25, 2014, in Campaign for Southern Equality v. Bryant, U.S. District Judge Carlton W. Reeves found Mississippi's ban on same-sex marriage unconstitutional and issued a 14-day stay,[167] and the Fifth Circuit Court of Appeals issued a stay pending appeal on December 4.[168]

2014–2015[edit]

Florida[edit]

U.S. District Judge Robert L. Hinkle, ruling in Brenner v. Scott, had found Florida's ban on same-sex marriage unconstitutional on August 21, 2014, and stayed enforcement pending further appeals.[169][t] On December 19, the U.S. Supreme Court refused the extend his stay, the first time that the Supreme Court refused to stay a marriage equality ruling by a district court in a circuit that had not yet ruled on the issue of same-sex marriage.

On January 1, 2015, after he had been challenged by some court clerks who believed he could not use the case to require them to license same-sex marriages, Judge Hinkle explained the scope of his injunction in Brenner v. Scott, writing that the Constitution rather than his order authorizes all Florida clerks to issue licenses to same-sex couples and that while clerks are free to interpret his ruling differently they should anticipate lawsuits if they fail to issue such licenses.[171] In response, the law firm advising the Florida Association of Court Clerks reversed its earlier position and recommended that all clerks issue marriage licenses to same-sex couples.[172][u] Same-sex marriage became legal throughout Florida when Hinkle's injunction took effect on January 6.[174]

U.S. Supreme Court accepts cases[edit]

On January 16, the U.S. Supreme Court agreed to hear four cases on appeal from the Sixth Circuit, consolidating them as one and setting a briefing schedule to be completed April 17. The cases were: Obergefell v. Hodges (Ohio), Tanco v. Haslam (Tennessee), DeBoer v. Snyder (Michigan), and Bourke v. Beshear (Kentucky).[175] Attorney General Eric Holder announced that the Department of Justice would file an amicus brief in the case asking the court to "make marriage equality a reality for all Americans".[176] The Court refused a request for certiorari before judgment in a Louisiana case, Robicheaux v. Caldwell, on January 12.[177]

In the weeks that followed, some federal courts suspended proceedings while awaiting a decision from the U.S. Supreme Court. The Eleventh Circuit Court of Appeals did so in cases from Florida case, Brenner v. Scott, Georgia, Inniss v. Aderhold, and Alabama, Searcy v. Strange.[178] A U.S. district court did so in North Dakota, Ramsay v. Dalrymple.[179]

Alabama[edit]

On January 23, 2015 U.S. District Judge Callie V.S. Granade ruled in Searcy v. Strange that Alabama's ban on same-sex marriage was unconstitutional. On January 25, Judge Granade stayed her ruling for 14 days to allow the state to seek a longer stay from the Eleventh Circuit Court of Appeals.[180] A stay was denied by both the Eleventh Circuit Court of Appeals and the U.S. Supreme Court.[181][182] On January 27, Judge Granade ruled in a second lawsuit, Strawser v. Strange in favor of a male couple seeking the right to marry on Alabama. She stayed her ruling to coincide with her stay in Searcy.[183] With a conflicting order from the Alabama Supreme Court Chief Justice Roy Moore ordering county clerks to not comply with the federal rulings, the Probate Judges Association acknowledged that the order in Searcy, if lifted, requires them to issue marriage licenses to same-sex couples and said it would encourage its members to comply.[184] A week after the rulings went into effect, the majority of counties began issuing marriage licenses to same-sex couples.[185][186]

On March 3, 2015, the Alabama Supreme Court ordered all counties in the state to stop issuing marriage licenses to same-sex couples.[187]

Granade issued an injunction on May 21, 2015, clarifying that her order for same-sex marriage applied statewide. However, she stayed the ruling pending the outcome of Obergefell v. Hodges at the U.S. Supreme Court.[188]

Guam[edit]

The Pacific island of Guam was set to be the first U.S. territory to offer legal same-sex marriage after Elizabeth Barrett-Anderson, Guam's attorney general, directed the territorial Department of Public Health and Social Services to begin processing same-sex marriage licenses on April 15, 2015.[189] However, the department director and Governor Eddie Calvo pushed back on Barrett-Anderson's directive, which they said was not binding.[190]

In May, the Guam District Court denied territorial officials' request to delay the case until the Supreme Court ruled in Obergefell.[191]

Obergefell v. Hodges[edit]

The crowd assembled in front of the Supreme Court shortly before the Court handed down its decision in Obergefell v. Hodges.

Decided on June 26, 2015 in a 5-4 decision, Obergefell requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.[192] This held all state same-sex marriage bans to be unconstitutional and legalized same-sex marriage in all remaining states.

The decision came on the second anniversary of the United States v. Windsor ruling that struck down Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages. It also came on the twelfth anniversary of Lawrence v. Texas which struck down sodomy laws in 13 states. Each justice's opinion on Obergefell was consistent with their opinion in Windsor. In both cases, Justice Kennedy authored the majority opinion and was considered the "swing vote".[193]

By this decision, Newsweek headlined "U.S. Joins Many European, Some South American Countries in Legalizing Gay Marriage."[194] These countries are by date The Netherlands (2000), Belgium (2003), Canada (2005), Spain (2005), South Africa (2006), Norway (2009) Sweden (2009), Argentina (2010), Portugal (2010), Iceland (2010), Denmark (2012), Uruguay (2013), Brazil (2013), France (2013), England/Wales (2013), New Zealand (2013), Luxembourg (2014), Scotland (2014), Ireland (2015), Finland (2015) Greenland (2015).[195]

See also[edit]

Notes[edit]

  1. ^ Unlike similar state constitutional amendments, Hawaii's did not explicitly ban same-sex marriage. Instead it allowed the legislature the option of doing so.
  2. ^ Alabama, Alaska, Arkansas, California, Colorado, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin. See Attempts to establish same-sex unions via initiative or statewide referendum
  3. ^ New York courts had previously mandated the recognition of same-sex marriages established elsewhere.[61]
  4. ^ North Carolina already prohibited same-sex marriages by statute.
  5. ^ Maryland had previously recognized same-sex marriages formed in other jurisdictions.[70]
  6. ^ In 2006, Arizona had rejected an amendment that banned same-sex marriage and all other forms of same-sex unions. The amendment rejected in Minnesota banned only same-sex marriage.
  7. ^ In 2006, the New Jersey Supreme Court had required the state legislature to amend the state's marriage laws or create civil unions.[79]
  8. ^ On February 21, 2014 U.S District Judge Sharon Johnson Coleman ruled that same-sex couples in Cook County, which includes Illinois' largest city Chicago, could obtain marriage licenses immediately and need not wait until the law's June 1 effective date.[89] On February 26, 2014, a Champaign County clerk began issuing same-sex marriage licenses after consulting the State's Attorney and concluding that the Cook County order was applicable.[90] On March 4, Illinois Attorney General Lisa Madigan issued an opinion that a recent court decision ordering Cook County to issue marriage licenses immediately did not apply to all county clerks, but advised clerks that they should find the decision "persuasive as you evaluate whether to issue marriage licenses to same-sex couples." Governor Pat Quinn then announced that the Illinois Department of Public Health would record marriages issued by any county clerk.[91] Several of the state's 102 county clerks began, or announced plans to begin, issuing marriage licenses to same-sex couples in March.[92]
  9. ^ In July 2013, a court clerk in Montgomery County, Pennsylvania, began issuing marriage licenses to same-sex couples, with the rationale that the state marriage statutes were unconstitutional, but his action was overruled by a state intermediate appellate court in September and he was ordered to cease issuing the licenses.[101]
  10. ^ On July 28, 2014, the Fourth Circuit affirmed the unconstitutionality of Virginia's ban on same-sex marriage in Bostic v. Schaefer.[108] On February 13, 2014, U.S. District Court Judge Arenda L. Wright Allen ruled that the state's ban on same-sex marriage was unconstitutional. She stayed enforcement of her ruling in Bostic v. Rainey pending appeal.[109] The U.S. Supreme Court issued a stay on August 20, 2014, one day before the Fourth Circuit's mandate was to go into effect.
  11. ^ On September 4, 2014, a three-judge panel of the Seventh Circuit Court of Appeals unanimously affirmed the unconstitutionality of Indiana and Wisconsin's bans on same-sex marriage in Baskin v. Bogan.[110] The Court stayed its decision before it took effect, pending action by U.S. Supreme Court.[111]
  12. ^ On June 25, 2014, U.S. District Court Judge Richard L. Young ruled that Indiana's ban on same-sex marriage unconstitutional. He did not issue a stay on his ruling and instructed all state agencies to provide marital benefits to same-sex couples.[112] Two days later, the Seventh Circuit Court of Appeals issued a stay pending appeal.[113]
  13. ^ On June 6, 2014, U.S. District Court Judge Barbara Bandriff Crabb struck down Wisconsin's same-sex marriage ban in Wolf v. Walker.[114] She issued no order forbidding enforcement of the state's ban,[115] and county clerks in at least 60 counties began issuing marriage licenses to same-sex couples.[116] After Judge Barbara Crabb refused to stay her ruling, Wisconsin's attorney general J. B. Van Hollen requested a stay from the Seventh Circuit Court of Appeals in Chicago. On June 13, the judge put the ruling on hold, pending appeal.[117][118]
  14. ^ On January 14, 2014, U.S. District Court Judge Terence C. Kern ruled in Bishop v. Oklahoma that Oklahoma's ban on same-sex marriage is unconstitutional. He stayed his ruling pending appeal.[119]
  15. ^ On June 25, 2014, the Tenth Circuit Court affirmed Judge Robert Shelby's ruling striking Utah's same-sex marriage ban.[120] It was the first time a federal appeals court recognized that same-sex couples have a fundamental right to marry.[121] The judgment was stayed pending review from the Supreme Court.[122]
  16. ^ On July 9, 2014, a state judge struck down Colorado's same-sex marriage ban in Brinkman v. Long, staying the decision pending appeal.[126] A number of county clerks issued marriage licenses to same-sex couples on July 29, 2014, before an order from the Colorado Supreme Court halted the practice.[127] On July 23, in Burns v. Hickenlooper, U.S. District Judge Raymond P. Moore also ruled that Colorado's ban against same-sex marriage is unconstitutional. On August 21, the Tenth Circuit Court of Appeals stayed the enforcement of Burns pending action by the U.S. Supreme Court on petitions for certiorari in similar cases.
  17. ^ Earlier, on October 8, 2014, some same-sex couples obtained marriage licenses in South Carolina,[134] but the South Carolina Supreme Court ordered a halt to their issuance the next day.[135]
  18. ^ On May 13, 2014, U.S. District Magistrate Judge Candy Dale in Latta v. Otter issued a ruling striking down Idaho's ban on marriage for same-sex couples.[140] On May 20, a three-judge panel of the Ninth Circuit Court of Appeals issued a stay pending appeal.[141]
  19. ^ On January 21, a three-judge panel of the Ninth Circuit, considering issues unrelated to marriage in SmithKline Beecham Corporation v. Abbott Laboratories, ruled that distinctions based on sexual orientation are subject to the "heightened scrutiny" standard of review.[142] In response to that decision, on February 10, Nevada State Attorney General Catherine Cortez Masto withdrew the state's brief in Sevcik v. Sandoval, ending its defense of the state's ban on same-sex marriage.[143]
  20. ^ In July and August 2014, several state judges in Florida found the state constitution's ban on same-sex marriage unconstitutional; their jurisdiction was limited and all their orders were stayed.[170]
  21. ^ A state court ruling in Pareto v. Ruvin on January 5 allowed same-sex couples to obtain marriage licenses in Miami-Dade County that afternoon,[173]

References[edit]

  1. ^ Gumbel, Andrew. "The Great Undoing?". The Advocate. Retrieved July 9, 2012.
  2. ^ a b "The improbable, 200-year-old story of one of America’s first same-sex ‘marriages’". Washington Post, March 20, 2015.
  3. ^ Mauro, Tony (December 1, 2014). "High Court's First Gay-Issues Ruling". National Law Journal. Retrieved January 12, 2015.
  4. ^ Stearn, Jess (1964). The Grapevine: A Report on the Secret World of the Lesbian. NY: Doubleday & Company. p. 116. Retrieved January 15, 2015.
  5. ^ "Miracle of the Rose". Publishers Weekly. 189 (10–17): 66. 1966. Retrieved January 15, 2015.
  6. ^ Martin, Douglas (September 14, 2011). "Arthur Evans, Leader in Gay Rights Fight, Dies at 68". New York Times. Retrieved March 26, 2013.
  7. ^ Franke-Ruta, Garance (March 26, 2013). "The Prehistory of Gay Marriage: Watch a 1971 Protest at NYC's Marriage License Bureau". The Atlantic. Retrieved March 26, 2013.
  8. ^ Eskridge Jr., William N. (2002). Equality Practice: Civil Unions and the Future of Gay Rights. Routledge. p. 5.
  9. ^ "§ 20-45.2. Marriage between persons of same sex". Code of Virginia Searchable Database. Virginia General Assembly. Retrieved February 16, 2013.
  10. ^ "Askew signs bill to ban gay marriage". Boca Raton News. June 9, 1977. Retrieved February 15, 2013.
  11. ^ "Homosexual Marriage Ban Signed". Sarasota Herald-Tribune. August 19, 1977. Retrieved February 15, 2013.
  12. ^ Koppelman, Andrew (2006). Same Sex, Different States: When Same-sex Marriages Cross State Lines. Ann Arbor, Michigan: Sheridan Books. p. 138.
  13. ^ Sullivan, Andrew (November 9, 2012). "Here Comes the Groom". Slate. Retrieved January 19, 2013.
  14. ^ Steinfels, Margaret O'Brien (February 3, 2015). "Gay and Conservative". New York Times. Retrieved February 3, 2015.
  15. ^ Wheeler, Linda (April 25, 1993). "Mass Wedding Marries Tradition and Protest". Washington Post. Highbeam Research. Archived from the original on March 28, 2015. Retrieved October 14, 2014.
  16. ^ Baehr v. Lewin, 74 Haw. 530, 852 P.2d 44 (1993), reconsideration and clarification granted in part, 74 Haw. 645, 852 P.2d 74 (1993)
  17. ^ Winerip, Michael (September 22, 2012). "Gay Support for Clinton Holds in Middle America". New York Times. Retrieved November 26, 2012.
  18. ^ "General Election 1998". Hawaii Office of Elections. November 3, 1998. Retrieved March 2, 2011.
  19. ^ "Same-sex marriage in Alaska". Religioustolerance.org. Retrieved January 28, 2011.
  20. ^ Lawrence v. Texas, 539 U.S. 558 (2003).
  21. ^ Schlesinger, Richard (June 26, 2003). "High Court Rejects Sodomy Law". CBS News. Of the 13 states with sodomy laws, four—Texas, Kansas, Oklahoma and Missouri—prohibit oral and anal sex between same-sex couples. The other nine ban consensual sodomy for everyone: Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Utah and Virginia. Thursday's ruling apparently invalidates those laws as well.
  22. ^ Burge, Kathleen (November 18, 2003). "SJC: Gay marriage legal in Mass". The Boston Globe. Retrieved June 27, 2010.
  23. ^ Burge, Kathleen (November 18, 2003). "SJC: Gay marriage legal in Mass". The Boston Globe. Retrieved September 30, 2014.
  24. ^ Belluck, Oam (May 17, 2004). "With Festive Mood, Gay Weddings Begin in Massachusetts". New York Times. Retrieved January 11, 2014.
  25. ^ Murphy, Dean E. (March 12, 2004). "San Francisco Forced to Halt Gay Marriages". New York Times. Retrieved September 30, 2014.
  26. ^ Pinello, Daniel R. (226). America's Struggle for Same-Sex Marriage. Cambridge University Press. pp. 1–17. ISBN 978-0521848565.
  27. ^ Pinello, Daniel R. (2006). America's Struggle for Same-Sex Marriage. Cambridge University Press. p. 19. ISBN 978-0521848565.
  28. ^ Roberts, Joel (November 2, 2004). "11 States Ban Same-Sex Marriage". CBS News. Associated Press. Retrieved January 28, 2011.
  29. ^ "Kansas Voters Approve Gay Nups Ban". Fox News. April 6, 2005.
  30. ^ "Texas marriage amendment passes but debate continues over impact". Associated Baptist Press. November 8, 2005. Retrieved December 20, 2011.
  31. ^ "Baptist Press - Ala. becomes 20th state to pass marriage amendment - News with a Christian Perspective". Bpnews.net. June 7, 2006. Retrieved January 28, 2011.
  32. ^ "CNN.com - Elections 2006". CNN.
  33. ^ "Mid-Term Election Results for Gays 2006 - Gay Election Results 2006 - Gay Ballot Measures". Lesbianlife.about.com. December 7, 2011. Retrieved December 20, 2011.
  34. ^ Geis, Sonya (November 20, 2006). "New Tactic In Fighting Marriage Initiatives". Washington Post. Retrieved October 28, 2012.
  35. ^ "Schwarzenegger vetoes gay marriage bill". USA Today. September 29, 2005. Retrieved September 25, 2012.
  36. ^ Tucker, Jill (October 12, 2007). "Schwarzenegger vetoes same-sex marriage bill again". San Francisco Chronicle. Retrieved September 25, 2012.
  37. ^ Mintz, Howard (May 15, 2008). "California Supreme Court legalizes same-sex marriage". Mercury News. Retrieved May 15, 2008.
  38. ^ McKinley, Jesse (May 16, 2008). "Gay Couples Rejoice at Ruling". New York Times. Retrieved September 30, 2014.
  39. ^ McKinley, Jesse; Goodstein, Laurie (November 5, 2008). "Bans in 3 States on Gay Marriage". New York Times. Retrieved September 30, 2014.
  40. ^ "States issue verdicts on gay rights, abortion". MSNBC. November 5, 2008. Retrieved December 20, 2011.
  41. ^ McFadden, Robert (October 10, 2008). "Gay Marriage Is Ruled Legal in Connecticut". The New York Times. Retrieved July 19, 2012.
  42. ^ "Public Act No. 09-13" (PDF). Connecticut General Assembly (April 23, 2009).
  43. ^ "2008 Democratic Party Platform". The American Presidency Project. University of California Santa Barbara. Retrieved November 27, 2012.
  44. ^ "2008 Republican Party Platform". American Presidency Project. University of California Santa Barbara. Retrieved November 27, 2012. Unbelievably, the Democratic Party has now pledged to repeal the Defense of Marriage Act, which would subject every state to the redefinition of marriage by a judge without ever allowing the people to vote on the matter. We also urge Congress to use its Article III, Section 2 power to prevent activist federal judges from imposing upon the rest of the nation the judicial activism in Massachusetts and California.
  45. ^ Eckhoff, Jeff; Schulte, Grant (April 3, 2009). "Unanimous ruling: Iowa marriage no longer limited to one man, one woman". Des Moines Register. Archived from the original on June 29, 2012. Retrieved September 30, 2014.
  46. ^ "Iowa gay marriages delayed". 365gay.com. April 7, 2009. Archived from the original on April 10, 2009. Retrieved June 27, 2010.
  47. ^ "Iowans Dismiss Three Justices". Des Moines Register. November 3, 2010. Archived from the original on July 28, 2012. Retrieved February 3, 2015.
  48. ^ Glover, Mike (October 25, 2010). "Gay Marriage Foes Back Push To Oust Iowa Justices". Boston.com. Associated Press. Retrieved February 3, 2015.
  49. ^ "House Bill 0436". Gencourt.state.nh.us. March 26, 2009. Retrieved June 27, 2010.
  50. ^ Wockner, Rex (December 14, 2009). "Same-sex marriage begins in NH on Jan. 1". Bay Windows. Retrieved October 30, 2012.
  51. ^ "Mayor Adrian Fenty Signs DC Marriage Bill". Hrcbackstory.org. December 18, 2009. Archived from the original on July 27, 2011. Retrieved December 20, 2011.
  52. ^ "D.C. same-sex marriage law takes effect". The Washington Post. March 3, 2010. Retrieved January 28, 2011.
  53. ^ "Governor Signs LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom" (Press release). Maine.gov. May 6, 2009. Retrieved June 27, 2010.
  54. ^ "Frank won't back Marriage Act repeal". Politico. September 13, 2009. Retrieved September 28, 2014.
  55. ^ Bajko, Matthew S. (April 28, 2009). "DOMA repeal unlikely in '09". EDGE Boston. Retrieved September 28, 2014.
  56. ^ "Statewide Marriage Prohibitions" (PDF). Human Rights Campaign. Archived from the original (PDF) on July 28, 2011. Retrieved December 20, 2011.
  57. ^ Statewide Marriage Prohibitions and Kansas Constitution, Article Fifteen
  58. ^ "Arizona Secretary of State: 2006 general election results". Archived from the original on July 30, 2008. Retrieved March 2, 2011.
  59. ^ "State of Arizona Official Canvass: 2008 General Election – November 4, 2008" (PDF). Secretary of State of Arizona. December 1, 2008. Archived from the original (PDF) on December 19, 2008. Retrieved March 2, 2011.
  60. ^ Confessore, Nicholas; Barbaro, Michael (June 24, 2011). "New York Allows Same-Sex Marriage, Becoming Largest State to Pass Law". New York Times. Retrieved May 15, 2013.
  61. ^ Martinez, Patricia v County Of Monroe Decision Appellate Division Fourth Judicial Department
  62. ^ Hakim, Danny (July 24, 2011). "Gay Marriage – In Albany, Wedding Bells Ring Repeatedly". The New York Times.
  63. ^ Turnbull, Lornet (February 13, 2012). "Gregoire signs gay marriage into law". The Seattle Times. Archived from the original on February 14, 2012. Retrieved July 8, 2012.
  64. ^ Linskey, Anne (March 1, 2012). "O'Malley to sign same-sex marriage bill today". The Baltimore Sun. Retrieved March 1, 2012.
  65. ^ "GOP OKs platform barring abortions, gay marriage". Fox News. August 28, 2012. Retrieved November 27, 2012.
  66. ^ Cassata, Donna (September 4, 2012). "Democratic platform focuses on fixing the economy". Boston Globe. Retrieved November 27, 2012.
  67. ^ Weiner, Rachel (May 8, 2012). "North Carolina passes gay marriage ban Amendment One". The Washington Post. Retrieved December 25, 2013.
  68. ^ "A Festive Mood in Maine as Same-Sex Marriage Becomes Legal". The New York Times. December 29, 2012. Retrieved November 13, 2013.
  69. ^ "Maryland upholds same-sex marriage law". politicalticker.blogs.cnn.com. November 7, 2012. Retrieved November 7, 2012.
  70. ^ "States". Freedom to Marry. April 16, 2010. Retrieved June 27, 2010.
  71. ^ The Seattle Times: Lornet Turnbull, "Gregoire signs gay marriage into law," February 13, 2012 Archived February 14, 2012, at the Wayback Machine. Retrieved February 13, 2012
  72. ^ Turnbull, Lornet. "Gay-marriage measure passing in initial return". The Seattle Times. Retrieved November 13, 2012.
  73. ^ "Referendum Measure No. 74 Concerns marriage for same-sex couples". Washington Secretary of State. November 6, 2012. Archived from the original on December 14, 2012. Retrieved November 7, 2012.
  74. ^ Liptak, Adam (June 26, 2013). "Supreme Court Bolsters Gay Marriage With Two Major Rulings". New York Times. Retrieved June 26, 2013.
  75. ^ Perry v. Schwarzenegger (US District Court, Northern California August 4, 2010). Text
  76. ^ Liptak, Adam (December 7, 2012). "Justices to Hear Two Challenges on Gay Marriage". The New York Times.
  77. ^ "Prop. 8 officially out — SF weddings begin". SF Gate. Retrieved June 28, 2013.
  78. ^ Zernike, Kate; Santora, Marc (September 27, 2013). "Judge Orders New Jersey to Allow Gay Marriage". The New York Times. Retrieved November 13, 2013.
  79. ^ Chen, David W. (October 25, 2006). "New Jersey Court Backs Rights for Same-Sex Unions". New York Times. Retrieved December 29, 2012.
  80. ^ "N.J. Gov. Christie vetoes gay marriage bill as vowed". USA Today. Associated Press. February 17, 2012. Retrieved February 17, 2012.
  81. ^ "NJ Gov. Christie drops gay marriage appeal". Seattle Post-Intelligencer.
  82. ^ Sanchez, Aurelio (August 26, 2013). "Judge OKs same-sex marriage in Bernalillo County". Albuquerque Journal News. Retrieved August 26, 2013.
  83. ^ Santos, Fernanda (December 19, 2013). "New Mexico Becomes 17th State to Legalize Gay Marriage". New York Times. Retrieved December 19, 2013.
  84. ^ "Rhode Island legalizes same-sex marriage". Fox News. Associated Press. May 2, 2013. Retrieved May 2, 2013.
  85. ^ Eckholm, Erik (May 7, 2013). "Delaware, Continuing a Trend, Becomes the 11th State to Allow Same-Sex Unions". The New York Times. Retrieved November 2, 2013.
  86. ^ June, Daniel (May 15, 2013). "Minnesota Legalizes Same Sex Marriages". JD Journal. Retrieved May 15, 2013.
  87. ^ Ian, Scheuring (November 13, 2013). "Bill legalizing same-sex marriages in Hawaii signed into law". Hawaii News Now. Retrieved November 13, 2013.
  88. ^ Garcia, Monique (November 20, 2013). "Quinn signs Illinois gay marriage bill". Chicago Tribune. Retrieved November 20, 2013.
  89. ^ "Same-sex couples allowed to wed in Cook County, Illinois". Reuters. February 21, 2014. Retrieved February 21, 2014.
  90. ^ "Champaign County begins issuing same-sex marriage licenses". Chicago Tribune. February 26, 2014. Retrieved February 27, 2014.
  91. ^ Merevick, Tony; Geidner, Chris (March 4, 2014). "Illinois Attorney General Hedges On Marriage Equality Question". BuzzFeed. Retrieved March 5, 2014.
  92. ^ "More Illinois counties to issue gay-marriage licenses". The Southern Illinoian. March 7, 2014. Retrieved March 9, 2014.
  93. ^ "Judge strikes down Utah's same-sex marriage ban". Washington Post. December 20, 2013. Retrieved February 2, 2015.
  94. ^ "Marriage licenses being issued to gay couples in Utah". Deseret News. December 20, 2013. Retrieved December 20, 2013.
  95. ^ Williams, Pete; Connor, Tracy (January 6, 2014). "U.S. Supreme Court puts gay marriage in Utah on hold". Retrieved January 6, 2014.
  96. ^ Geidner, Chris (January 10, 2014). "Obama Administration To Recognize Utah Same-Sex Couples' Marriages". Buzz Feed. Retrieved January 12, 2014.
  97. ^ KGW Staff (May 19, 2014). "Gay couples getting married after Oregon ban overturned". Archived from the original on May 30, 2014.
  98. ^ a b Mapes, Jeff (May 19, 2014). "Ninth Circuit strikes down National Organization's request to halt judge's decision".
  99. ^ "Supreme Court Rebuffs Call to End Same-Sex Marriages in Oregon". New York Times. Retrieved June 4, 2014.
  100. ^ Buzzfeed (May 20, 2014). "Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban". Retrieved May 20, 2014.
  101. ^ "Memorandum Opinion by President Judge Pellegrini" (PDF). Pa. Dept. of Health v. Hanes, Pa. Commonwealth Ct., Docket 379 M.D. 2013 (September 12, 2013).
  102. ^ Marc Levy (May 21, 2014). "Pennsylvania Governor Won't Appeal Ruling Striking Down Gay Marriage Ban". Huffingtonpost.com. Retrieved August 21, 2014.
  103. ^ Associated Press (July 9, 2014). "Justice Alito denies clerk's bid to halt same-sex marriage in Pennsylvania". LBGTQ Nation.com.
  104. ^ Robertson, Campbell (September 3, 2014). "Federal Judge, Bucking Trend, Affirms Ban on Same-Sex Marriages in Louisiana". New York Times. Retrieved September 20, 2014.
  105. ^ Snow, Justin (September 3, 2014). "Federal judge finds Louisiana same-sex marriage ban constitutional". Metro Weekly. Retrieved February 2, 2015.
  106. ^ "US Supreme Court declines to intervene in gay marriage cases". cnbc.com. October 6, 2014. Retrieved October 6, 2014.
  107. ^ Portnoy, Jenna (October 6, 2014). "Same-sex marriages in Virginia can begin immediately". Washington Post. Retrieved October 6, 2014.
  108. ^ Carpenter, Dale (July 28, 2014). "Fourth Circuit strikes down Virginia ban on same-sex marriage". The Washington Post. Retrieved August 21, 2014.
  109. ^ "Federal Judge Rules Va. Gay Marriage Ban Unconstitutional". nbcwashington.com. February 13, 2014. Retrieved February 13, 2014.
  110. ^ Eckholm, Eric (September 4, 2014). "Gay-Marriage Bans Fall In Wisconsin and Indiana". New York Times. Retrieved September 29, 2014.
  111. ^ Stein, Jason (September 18, 2014). "Wisconsin's gay marriage ban to stay in place until U.S. Supreme Court rules". Milwaukee Wisconsin Journal-Sentinel. Retrieved September 18, 2014.
  112. ^ "Entry on Cross-Motions for Summary Judgement" (PDF). U.S. District Court for Indiana. June 25, 2014. Retrieved June 25, 2014.
  113. ^ "Order Granting Motion". United States Court of Appeals for the Seventh Circuit. Retrieved June 28, 2014.
  114. ^ Wolf v. Walker, 14-cv-64-bbc, (W.D. Wisconsin June 6, 2014) p 3
  115. ^ Jason Stein; Patrick Marley; Dana Ferguson (June 6, 2014). "Federal judge overturns Wisconsin's gay marriage ban". Milwaukee Journal Sentinel. Retrieved Jun 6, 2014.
  116. ^ "All but twelve Wis. counties now issuing marriage licenses to same-sex couples". Lgbtqnation.com. June 12, 2014. Retrieved August 21, 2014.
  117. ^ "Federal judge puts same-sex marriages in Wisconsin on hold pending appeal". Lgbtqnation.com. June 6, 2014. Retrieved August 21, 2014.
  118. ^ Stein, Jason (September 18, 2014). "Wisconsin's gay marriage ban to stay in place until U.S. Supreme Court rules". Milwaukee Wisconsin Journal-Sentinel. Retrieved October 6, 2014.
  119. ^ Brandes, Heide (January 14, 2014). "U.S. judge rules Oklahoma gay marriage ban unconstitutional". Chicago Tribune. Reuters. Retrieved January 15, 2014.
  120. ^ Miller, Stewart and Manson (June 25, 2014). "10th Circuit Court upholds same-sex marriage in Utah". The Salt Lake Tribune. Retrieved July 19, 2014.
  121. ^ Jessica Miller, Kirsten Stewart and Pamela Manson (June 25, 2014). "10th Circuit Court upholds same-sex marriage". The Salt Lake Tribune. Retrieved July 12, 2014.
  122. ^ Canham, Matt (June 25, 2014). "Answering your questions on the same-sex marriage ruling". The Salt Lake Tribune. Retrieved Jun 25, 2014.
  123. ^ Denniston, Lyle (October 6, 2014). "Many more same-sex marriages soon, but where?". SCOTUSblog. Retrieved October 7, 2014.
  124. ^ Chappell, Bill (October 7, 2014). "In Gay Marriage's New Landscape, Glee, Confusion And Resistance". NPR. Retrieved October 7, 2014.
  125. ^ Steffen, Jordan (October 7, 2014). "Colorado Supreme Court, Suthers clear way for same-sex licenses". Denver Post. Retrieved October 7, 2014.
  126. ^ Thomaston, Scottie (July 9, 2014). "Colorado same-sex marriage ban ruled unconstitutional". Equality On Trial.
  127. ^ Healy, Jack (July 29, 2014). "Colorado Clerk Told to Stop Issuing Marriage Licenses to Gay Couples". New York Times. Retrieved September 29, 2014.
  128. ^ "Governor Tomblin Issues Statement Regarding Same-Sex Marriage in West Virginia". Office of the Governor. October 9, 2014. Archived from the original on October 15, 2014. Retrieved October 9, 2014.
  129. ^ Snow, Justin (October 10, 2014). "Federal judge strikes down North Carolina same-sex marriage ban". Metro Weekly. Retrieved October 10, 2014.
  130. ^ Price, Mark (October 10, 2014). "Mecklenburg marriage licenses start Monday; some cities started Friday". Charlotte Observer. Retrieved October 10, 2014.
  131. ^ Moern, Bob (October 21, 2014). "Wyoming Legalizes Same-Sex Marriage". ABC News. Associated Press. Retrieved October 21, 2014.
  132. ^ Johnson, Chris (November 12, 2014). "Judge strikes down South Carolina ban on same-sex marriage". Washington Blade. Retrieved November 12, 2014.
  133. ^ Johnson, Chris (November 20, 2014). "Supreme Court won't halt South Carolina same-sex marriages". Washington Blade. Retrieved November 20, 2014.
  134. ^ Smith, Bruce (October 8, 2014). "Gay marriages start in SC". Citizen-Times. Associated Press. Retrieved October 8, 2014.
  135. ^ Collins, Jeffrey (October 9, 2014). "South Carolina Supreme Court Halts Same-Sex Marriage Licenses". Huffington Post. Associated Press. Retrieved October 9, 2014.
  136. ^ Snow, Justin (November 4, 2014). "Federal judge rules against Kansas same-sex marriage ban". Metro Weekly. Retrieved November 4, 2014.
  137. ^ Stohr, Greg (November 12, 2014). "U.S. Supreme Court Clears Gay Marriage to Start in Kansas". Bloomberg News. Retrieved November 12, 2014.
  138. ^ "Order Lifting Johnson County Stay". Scribd.com. Retrieved November 18, 2014.
  139. ^ Geidner, Chris (October 7, 2014). "Idaho And Nevada Marriage Bans Are Unconstitutional, Federal Appeals Court Rules". BuzzFeed News. Retrieved October 7, 2014.
  140. ^ Somin, Ilya (May 14, 2014). "Federal judge strikes down Idaho law banning same-sex marriage". Washington Post. Retrieved October 1, 2014.
  141. ^ La Ganga, Maria L. (May 20, 2014). "Appeals court says same-sex marriages will stay on hold in Idaho". Los Angeles Times. Retrieved October 1, 2014.
  142. ^ Geidner, Chris (January 21, 2014). "Federal Appeals Court Says Jurors Can't Be Excluded Because They Are Gay". Buzz Feed. Retrieved January 21, 2014.
  143. ^ "Gay Marriage Ban Support Slips in Nevada". New York Times. February 10, 2014. Retrieved February 13, 2014.
  144. ^ Sewell, Cynthia (October 10, 2014). "Otter says state should comply with gay-marriage order when it comes again". Idaho Statesman. Retrieved October 10, 2014.
  145. ^ "First Ada County licenses issued to two plaintiff couples from Idaho's same-sex marriage case". Spokesman Review. October 15, 2014. Retrieved October 15, 2014.
  146. ^ "Federal Judge Strikes Down Alaska's Marriage Ban". New York Times. Associated Press. October 12, 2014. Retrieved October 12, 2014.
  147. ^ Boots, Michelle Theriault. "State vows to appeal after Alaska's same-sex marriage ban struck down". Alaska Dispatch News. Retrieved October 13, 2014.
  148. ^ Westfall, Julie; Queally, James (October 17, 2014). "Arizona's gay marriage ban struck down, AG will not appeal". Los Angeles Times. Retrieved October 17, 2014.
  149. ^ Geidner, Chris (November 19, 2014). "Marriage Equality Comes To Montana, Federal Judge Rules". BuzzFeed News. Retrieved November 20, 2014.
  150. ^ Thomaston, Scottie (November 6, 2014). "Sixth Circuit upholds same-sex marriage bans". Retrieved November 6, 2014.
  151. ^ Cheves, John (February 12, 2014). "Federal judge: Kentucky must recognize same-sex marriages from other states". Lexington Herald-Leader. Retrieved February 27, 2014.
  152. ^ Barrouquere, Brett. "Same-sex marriage now legally recognized in Ky". yahoo.com. Retrieved February 27, 2014.
  153. ^ Wolfson, Andrew (February 28, 2014). "Kentucky gay marriage ruling on hold until March 20". Louisville Courier-Journal. Retrieved February 28, 2014.
  154. ^ Johnson, Chris (March 19, 2014). "Judge stays order requiring Ky. to recognize same-sex marriages". Washington Blade. Retrieved March 20, 2014.
  155. ^ Wolfson, Andrew (July 2, 2014). "Federal judge in Louisville rules gays have right to marry in Kentucky". Courier-journal.com. Retrieved August 21, 2014.
  156. ^ Snow, Justin (March 21, 2014). "Federal court strikes down Michigan's same-sex marriage ban". Metro Weekly. Retrieved March 21, 2014.
  157. ^ Snow, Justin (March 26, 2014). "Michigan suspends recognition of legally married same-sex couples". Metro Weekly. Retrieved January 15, 2015.
  158. ^ Snow, Justin (January 15, 2015). "Federal judge rules Michigan must recognize same-sex marriages". Metro Weekly. Retrieved January 15, 2015.
  159. ^ Zagier, Alan Scher (November 5, 2014). "Missouri Gay Marriage Ban Ruled Unconstitutional". Huffington Post. Retrieved November 6, 2014.
  160. ^ "AG Koster's statement regarding today's ruling in St. Louis same-sex marriage case". Missouri Attorney General. November 5, 2014. Archived from the original on November 6, 2014. Retrieved November 5, 2014.
  161. ^ Moore, Doug (November 6, 2014). "Judge rules that gay marriage ban in Missouri is unconstitutional". St. Louis Post-Dispatch. Retrieved November 6, 2014.
  162. ^ a b Lieb, David A. (November 6, 2014). "Many Missouri Counties Not Granting Gay Marriages". ABC News. Associated Press. Retrieved November 7, 2014.
  163. ^ "St. Louis County Complies with Ruling on Gay Marriage Ban, Issues First Two Same Sex Marriage Licenses". St. Louis County. November 6, 2014. Retrieved November 6, 2014.
  164. ^ Geidner, Chris (November 7, 2014). "Missouri's Same-Sex Marriage Ban Is Unconstitutional, Federal Judge Rules". BuzzFeed News. Retrieved November 7, 2014.
  165. ^ Morris, Mark (November 7, 2014). "Judge calls Missouri same-sex marriage ban unconstitutional, Jackson County to issue licenses". Kansas City Star. Retrieved November 7, 2014.
  166. ^ Geidner, Chris (November 25, 2014). "Arkansas Same-Sex Marriage Ban Is Unconstitutional, Federal Judge Rules". BuzzFeed News. Retrieved November 25, 2014.
  167. ^ Le Coz, Emily (November 25, 2014). "Judge overturns Mississippi same-sex marriage ban". The Clarion-Ledger. Retrieved November 26, 2014.
  168. ^ Denniston, Lyle (December 4, 2014). "Same-sex marriages delayed in Mississippi". SCOTUSblog. Retrieved February 4, 2015.
  169. ^ "US: Federal judge rules Florida's same-sex marriage ban unconstitutional". Pinknews.co.uk. August 21, 2014. Retrieved August 21, 2014.
  170. ^ "Ruling allows same-sex marriages for Florida Keys". Usatoday.com. July 17, 2014. Retrieved August 21, 2014.
  171. ^ "Order on the Scope of the Preliminary Injunction". Scribd.com. U.S. District Court for Northern Florida. January 1, 2015.
  172. ^ Rothaus, Steve (January 1, 2015). "Federal ruling clears way for same-sex marriage in Florida, starting on Tuesday". Miami Herald. Retrieved January 1, 2015.
  173. ^ Mazzei, Patricia; Rothaus, Steve (January 5, 2015). "Ruling by Miami-Dade judge allows same-sex marriages to begin in Florida". Miami Herald. Retrieved January 5, 2015.
  174. ^ Smiley, Dave (January 6, 2015). "South Florida gay couples marry in twilight ceremonies". Miami Herald. Retrieved January 6, 2015.
  175. ^ Lipttak, Adam (January 16, 2015). "Supreme Court to Decide Marriage Rights for Gay Couples Nationwide". New York Times. Retrieved January 17, 2015.
  176. ^ Barnes, Robert (January 16, 2015). "Supreme Court agrees to hear gay marriage issue". Washington Post. Retrieved January 16, 2015.
  177. ^ Snow, Justin (January 12, 2015). "Supreme Court declines to hear Louisiana same-sex marriage case, takes no action on other cases". Metro Weekly. Retrieved February 4, 2015.
  178. ^ Denniston, Lyle (February 5, 2015). "Eleventh Circuit puts off same-sex marriage cases". SCOTUSog. Retrieved February 5, 2015.
  179. ^ "Judge puts marriage case on hold pending high court ruling". Houston Chronicle. Associated Press. January 20, 2015. Retrieved January 20, 2015.
  180. ^ "Order granting 14 day stay". Scrfibd.com. U.S. District Court for Southern Alabama. Retrieved January 25, 2015.
  181. ^ "Stay Denied". Scribd.com. Eleventh Circuit Court of Appeals. Retrieved February 3, 2015.
  182. ^ Geidner, Chris (February 9, 2015). "U.S. Supreme Court Denies Stay In Alabama Same-Sex Marriage Case". BuzzFeed News. Retrieved February 9, 2015.
  183. ^ Kirby, Brendan (January 27, 2015). "Second Alabama gay couple wins same-sex marriage challenge". AL.com. Retrieved January 27, 2015.
  184. ^ Kirby, Brendan (January 28, 2015). "Alabama probate judges' group agrees decision voiding same-sex marriage ban applies to them". AL.com. Retrieved January 28, 2015.
  185. ^ "#ALMarriage: County Information". Freedom to Marry. February 17, 2015. Archived from the original on March 4, 2015. Retrieved March 4, 2015.
  186. ^ [1]
  187. ^ Robertson, Campbell (3 March 2015). "Alabama Court Orders a Halt to Same-Sex Marriage Licenses". The New York Times. Retrieved 4 March 2015.
  188. ^ de Vogue, Ariane (May 21, 2015). "Judge strikes down Alabama same-sex marriage ban, but puts hold on ruling". CNN. Retrieved May 22, 2015.
  189. ^ "Guam to issue marriage licenses to same-sex couples". USA Today. April 14, 2015. Retrieved April 14, 2015.
  190. ^ Miculka, Cameron (April 28, 2015). "US LGBT rights group submits letters to Calvo". Pacific Daily News. Retrieved May 22, 2015.
  191. ^ Daly, Kyle (May 8, 2015). "Judge grants extension in Guam gay marriage case, but denies stay". Guam Pacific Daily News. Archived from the original on May 13, 2015. Retrieved May 9, 2015.
  192. ^ Obergefell v. Hodges, 576 U.S. ___, ___ (2015) ("The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States.").
  193. ^ "Anthony Kennedy: how one man's evolution legalized marriage for millions". The Guardian. June 26, 2015. Retrieved June 27, 2015.
  194. ^ https://www.usnews.com/news/blogs/data-mine/2015/06/26/us-joins-many-european-some-south-american-countries-in-legalizing-gay-marriage.
  195. ^ Pew Forum, "Gay Marriage Around the World" (June 26, 2015). Online at http://www.pewforum.org/2015/06/26/gay-marriage-around-the-world-2013/.

Further reading[edit]

External links[edit]