Same-sex marriage in the United States
Encyclopedia
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act
, before Massachusetts became the first state to grant marriage licenses to same-sex couples in 2004. Such licenses are granted by six states: Connecticut
, Iowa
, Massachusetts
, New Hampshire, New York
, Vermont, plus Washington, D.C. and Oregon's Coquille and Washington state's Suquamish Indian tribes
. Same-sex marriages could be legally performed in California
between June 16, 2008, and November 4, 2008, after which voters passed Proposition 8
prohibiting same-sex marriages. Maryland recognizes same-sex marriages but does not grant marriage licenses to same-sex couples. The legalization of same-sex marriage has been driven by court rulings and legislative action, rather than voter referendums.
, 12 states prohibit same-sex marriage via statute and 29 via the state's constitution.
The movement to obtain marriage rights
and benefits for same-sex couples in the United States
began in the early 1970s. The issue became more prominent in U.S. politics
once Congress
passed the Defense of Marriage Act
in 1996. However, in the opening decade of the 21st century, public support for its legalization grew considerably. Several recent polls have shown support for legalized same-sex marriage above 50%, but the issue remains politically divisive.
system of government. Prior to 1996, the federal government did not define marriage; any marriage recognized by a state
was recognized by the federal government, even if that marriage was not recognized by one or more other states (as was the case with interracial marriage
before 1967 due to anti-miscegenation laws
). With the passage of the Defense of Marriage Act
(DOMA) in 1996, however, a marriage was explicitly defined in federal law as a union of one man and one woman. (See .)
DOMA has been under challenge in the federal courts, and on July 8, 2010, Judge Joseph Tauro
of the District Court of Massachusetts
held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples under the DOMA
is unconstitutional, under the Tenth Amendment
to the US Constitution
. This ruling is currently under a stay
, but would affect residents residing within the federal district that covers Massachusetts if the stay is lifted. If this decision is appealed and affirmed, the ruling could apply elsewhere in the U.S. For now, no act or agency of the federal government—except within the state of Massachusetts if the stay is lifted—may recognize same-sex marriage.
According to the federal government's Government Accountability Office
(GAO), more than 1,138 rights and protections
are conferred to U.S. citizens upon marriage by the federal government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.
However, many aspects of marriage law affecting the day to day lives of inhabitants of the United States are determined by the states, not the federal government, and the Defense of Marriage Act does not prevent individual states from defining marriage as they see fit.
The United States Supreme Court in 1972 dismissed Baker v. Nelson
, a case originating in Minnesota, "for want of a substantial federal question". The Defense of Marriage Act
, as well as marriage laws in 45 states, could be affected by the outcome of Perry v. Schwarzenegger
, a case challenging the validity of California's Proposition 8
under the United States Constitution
.
explicitly bars federal recognition of such marriages.
Six state governments (along with the District of Columbia, the Coquille Indian Tribe, and the Suquamish tribe) have passed laws offering same-sex marriage: New York
, Massachusetts
, Connecticut
, Iowa
, Vermont
, and New Hampshire
. In all six states, same-sex marriage has been legalized through legislation or court ruling. Same-sex marriage has been legal in Massachusetts
since May 17, 2004; in Connecticut
since November 12, 2008; in Iowa
since April 27, 2009; in Vermont since September 1, 2009; New Hampshire since January 1, 2010; and New York
since July 24, 2011. In 2009, New England
became the center of an organized push to legalize same-sex marriage
, with four of the six states in that region granting same-sex couples the legal right to marry.
Out of 28 states where constitutional amendments or initiatives that define marriage as the union of a man and a woman were put on the ballot in a voter referendum
, voters in all 28 states voted to approve such amendments. Arizonans voted down one such amendment in 2006, but approved a different amendment to that effect
in 2008. In 1998, Hawaiian voters approved language allowing their legislature
to ban same-sex marriage. In 2009, Maine
voters prevented legislation permitting same-sex marriage from going into effect.
, 29 states had constitutional provisions restricting marriage to one man and one woman, while 12 others had laws "restricting marriage to one man and one woman." Nineteen states ban any legal recognition of same-sex unions that would be equivalent to civil marriage.
Opponents of same-sex marriage have worked to prevent individual states from recognizing same-sex unions by attempting to amend the United States Constitution
to define marriage as a union between one man and one woman. In 2006, the Federal Marriage Amendment
, which would prohibit states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee
on a party-line vote and was debated by the full United States Senate, but was ultimately defeated in both houses of Congress.
The right to marry was first extended to same-sex couples by a United States jurisdiction on November 18, 2003, by a state Supreme Judicial Court ruling in Massachusetts.
On May 15, 2008, the Supreme Court of California
issued a decision in which it effectively legalized same-sex marriage in California
, holding that California's existing opposite-sex definition of marriage violated the constitutional rights of same-sex couples. Same-sex marriage opponents in California placed a state constitutional amendment known as Proposition 8
on the November 2008 ballot for the purpose of restoring an opposite-sex definition of marriage. Proposition 8 was passed on Election Day 2008, as were proposed marriage-limiting amendments in Florida and Arizona. On August 4, 2010, a decision by the U.S. District Court in Perry v. Schwarzenegger
ruled Proposition 8 unconstitutional. The decision in that case is currently being appealed and the case is ultimately expected to be decided by the U.S. Supreme Court.
On October 10, 2008, the Connecticut Supreme Court overturned the state's civil-unions statute (2005), as unconstitutionally discriminating against same-sex couples, and required the state to recognize same-sex marriages.
Same-sex marriage was legalized in Iowa
following the unanimous ruling of the Iowa Supreme Court
in Varnum v. Brien
on April 3, 2009. This decision was initially scheduled to take effect on April 24, but the date was changed to April 27 for administrative reasons.
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 became the first state in the United States to legalize same-sex marriage through legislative means rather than litigation.
On May 6, 2009, Maine Governor John Baldacci
signed a law legalizing same-sex marriage, becoming the first state governor to do so. However, the legislation was stayed pending a vote and never went into effect. It was repealed by referendum in November 2009.
On June 3, 2009, New Hampshire became the sixth state to legalize same-sex marriage.
On December 18, 2009, a same-sex marriage bill was signed into law by the Mayor of the District of Columbia; same-sex marriage licenses became available in Washington, D.C. on March 3, 2010.
California, Colorado
, Hawaii
, Maine
, Maryland, Nevada
, Oregon
, Rhode Island
, Wisconsin
, Illinois and Washington
have created legal unions for same-sex couples that offer varying subsets of the rights and responsibilities of marriage under the laws of those jurisdictions. , New Jersey has created legal unions that, while not called marriages, are explicitly defined as offering all the rights and responsibilities of marriage under state (though not federal) law to same-sex couples.
Maryland recognizes same-sex marriages formed in other jurisdictions, but does not allow forming such marriages within their own borders. New York had been in a similar situation as its courts had held that same-sex marriages conducted in states where they are legal must be recognized by those states, but that the state statutes did not allow the issuance of same-sex marriage licenses, a situation which changed when its legislature legalized granting licenses to same-sex couples in 2011.
The laws of New Mexico
are largely silent on the subject of same-sex marriage, as they do not specifically allow nor prohibit same-sex marriages or other types of same-sex unions.
has stated that he supports the idea of legalizing same-sex marriage although at a personal level his beliefs place him in opposition to it; he has recently stated that his current position is "evolving." Obama remains sympathetic to the rights of individuals who identify as gay or lesbian. In a 1996 newspaper interview, Obama stated "I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages." However, during the 2008 presidential campaign, Obama stated, "I believe that marriage is the union between a man and a woman. For me as a Christian, it is a sacred union. You know, God is in the mix." One report indicates that Obama may have made comments in support of same-sex marriage during his Illinois Senate race in the 1990s. The president "supports full civil unions and federal rights for LGBT couples and opposes a constitutional ban on same-sex marriage," but stated in December 2010 that these civil unions from the perspective of same-sex couples are "not enough." Obama opposes a federal mandate for same-sex marriage, and also opposes the Defense of Marriage Act
, stating that individual states should decide the issue. Obama opposed Proposition 8—-California's constitutional ban on same-sex marriage-—in 2008. He has stated that he continues to personally wrestle with the issue of same-sex marriage.
Many high-profile politicians and commentators have expressed their views on same-sex marriage. Glenn Beck and Rush Limbaugh are two of the most prominent conservative commentators based on recent listenership ratings. In an O'Reilly Factor interview in August 2010, when Beck was asked if he "believe(s) that gay marriage is a threat to [this] country in any way", he stated, "No I don't…I believe that Thomas Jefferson said: 'If it neither breaks my leg nor picks my pocket what difference is it to me?'"
On his radio show in August 2010, Rush Limbaugh
made the following comments on the then-recent decision by U.S. District Court Judge Vaughn Walker regarding Proposition 8 in California
: "Marriage? There's a definition of it, for it. It means something. Marriage is a union of a man and woman. It's always been that. If you want to get married and you're a man, marry a woman. Nobody's stopping you. This is about tearing apart an institution." Commenting on the same court decision, former Speaker of the House Newt Gingrich
issued a statement in opposition to same-sex marriage, which read, in part, as follows: "Judge Walker's ruling overturning Prop 8 is an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife... Congress now has the responsibility to act immediately to reaffirm marriage as a union of one man and one woman as our national policy." Then-Speaker of the House of Representatives
Nancy Pelosi
expressed her support for Judge Walker's decision: "I am extremely encouraged by the ruling today, which found that Proposition 8 violated both the due process and equal protection clauses of the U.S. Constitution. Proposition 8 has taken away individual rights and freedoms, and is a stain upon the California Constitution. We must continue to fight against discriminatory marriage amendments and work toward the day when all American families are treated equally." In 2009, Pelosi described the difficulty in repealing the Defense of Marriage Act
: "I would like to get rid of all of it. But the fact is we have to make decisions on what we can pass at a given time. It doesn't mean the other issues are not important. It is a matter of getting the votes and the legislative floor time to do it." Openly gay
Congressman Barney Frank
voiced his concern in September 2009 with regard to the ability to obtain sufficient votes to overturn the Defense of Marriage Act: "If we had a chance to pass that, it would be a different story, but I don't think it's a good idea to rekindle that debate when there's no chance of passage in the near term."
During the 2008 presidential election campaign, then-Vice Presidential candidate Sarah Palin
stated: "I have voted along with the vast majority of Alaskans who had the opportunity to vote to amend our Constitution defining marriage as between one man and one woman. I wish on a federal level that that's where we would go because I don't support gay marriage."
Rachel Maddow
, an openly gay commentator on MSNBC, expressed her frustration with the Obama Administration position on same-sex marriage in August 2010. In response to Senior White House Advisor David Axelrod's statement on President Obama's position: "The president does oppose same-sex marriage but he supports equality for gay and lesbian couples in benefits and other issues", Maddow said, "Got that? So the line from the administration is that Barack Obama does not want gay people to be allowed to be married, but when gay people can be married and other people are trying to take away that right like in California, he doesn't want the right to be taken away. But, he's not in favor of that right in the first place. You got it? The president is against gay marriage but he is also against constitutional amendments to ban gay marriage, which means that he'd apparently prefer that gay marriage be banned through flimsier tactical means? That's the president's position. Clear as mud. Ripe for criticism much?"
Advocacy groups have entered the same-sex marriage debate in recent years, including the National Organization for Marriage
(NOM) and the Family Research Council
(FRC), which has been designated a hate group by the Southern Poverty Law Center
. NOM lists strategies on its website for supporters to use, including the following statement: "Strong majorities of Americans oppose gay marriage. Supporters of SSM therefore seek to change the subject to just about anything: discrimination, benefits, homosexuality, gay rights, federalism, our sacred constitution. Our goal is simple: Shift the conversation rapidly back to marriage. Don't get sidetracked. Marriage is the issue. Marriage is what we care about. Marriage really matters. It's just common sense." According to its website, the FRC opposes "the vigorous efforts of homosexual activists to demand that homosexuality be accepted as equivalent to heterosexuality in law, in the media, and in schools. Attempts to join two men or two women in 'marriage' constitute a radical redefinition and falsification of the institution, and FRC supports state and federal constitutional amendments to prevent such redefinition by courts or legislatures." The Human Rights Campaign
(HRC) is one of the leading advocacy groups in support of same-sex marriage. According to the HRC's website, "Many same-sex couples want the right to legally marry because they are in love – many, in fact, have spent the last 10, 20 or 50 years with that person – and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings."
Same-sex marriage supporters make several arguments in support of their position. Gail Mathabane
likens prohibitions on same-sex marriage to past U.S. prohibitions on interracial marriage. Fernando Espuelas argues that same-sex marriage should be allowed because same-sex marriage extends a civil right to a minority group. According to an American history scholar Nancy Cott "there really is no comparison, because there is nothing that is like marriage except marriage."
Several mainstream social science organizations in the United States take the view that the stigma created by policies that they believe constitute differential treatment of gay men and women has severe psychological and social impacts; those organizations aver that defining marriage as an opposite-sex institution invites the public to discriminate against individuals who identify as gay or lesbian and has adverse effects on children raised by same-sex partners.
Opponents of same-sex marriage in the United States ground their arguments on parenting concerns, religious concerns, and concerns about a "slippery slope" leading toward other changes to the definition of marriage. The Southern Baptist Convention says that extending marriage rights to same-sex couples would undercut the conventional purpose of marriage. The Church of Jesus Christ of Latter-day Saints, the United States Conference of Catholic Bishops
, the Southern Baptist Convention
, and National Organization for Marriage
argue that children do best when raised by a mother and father, and that legalizing same-sex marriage is, therefore, contrary to the best interests of children. Maggie Gallagher
of the National Organization for Marriage has raised concerns about the impact of same-sex marriage upon religious liberty and upon faith-based charities in the United States.
Other arguments against same-sex marriage are based upon concerns about a "slippery slope" toward other redefinitions of the institution. Stanley Kurtz of the Weekly Standard has written that same-sex marriage would eventually lead to the legalization of polygamy
and polyamory
, or group marriage
, in the United States.
holds that government has no role in defining the terms whereby individuals contract to arrange their personal relationships, regardless of sexual orientation. People holding this viewpoint argue that government should have a limited role or no role in defining marriage, only in enforcing those contracts people construct themselves and willfully enter. The rights granted to a married couple exceed those that can be mutually granted by two people to each other contractually, and also involve rights granted by government.
, has studied the impact of same-sex legal marriage on same-sex couples. According to a 1997 General Accounting Office study requested by Rep. Henry Hyde
(R), at least 1,049 U.S. Federal laws and regulations include reference to marital status. A later 2004 study by the Congressional Budget Office
finds 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'" Many of these laws govern property rights, benefits, and taxation. Same-sex couples, whose marriages are not recognized by the state, are ineligible for spousal and survivor Social Security
benefits. Badgett's research finds the resulting difference in Social Security income for same-sex couples compared to opposite-sex married couples is US$5,588 per year. The federal ban on same-sex marriage and benefits through the 1996 Defense of Marriage Act
(DOMA) extends to federal government employee benefits. According to Badgett's work, same-sex couples face other financial challenges against which legal marriage at least partially shields opposite-sex couples.
While state laws grant full marriage rights (Connecticut
, Iowa
, Massachusetts
, New Hampshire
, New York
and Vermont
) or some or all of the benefits under another name (New Jersey
, Washington, California
, etc.), these state laws do not extend the benefits of marriage on the Federal level, and most states do not currently recognize same-sex marriages, domestic partnerships, or civil unions from other states.
in taxation (if the federal government were to recognize same-sex marriage). Similarly, while social service providers usually do not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance.
Several psychological studies have shown that an increase in exposure to negative conversations and media messages about same-sex marriage creates a harmful environment for the LGBT population that may affect their health and well-being.
One study surveyed more than 1,500 lesbian, gay and bisexual adults across the nation and found that respondents from the 25 states that have outlawed same-sex marriage had the highest reports of "minority stress
" — the chronic social stress that results from minority-group stigmatization — as well as general psychological distress. According to the study, the negative campaigning that comes with a ban is directly responsible for the increased stress. Past research has shown that minority stress
is linked to health risks such as risky sexual behavior and substance abuse.
Two other studies examined personal reports from LGBT adults and their families living in Memphis, Tennessee
, immediately after a successful 2006 ballot campaign banned same-sex marriage. Most respondents reported feeling alienated from their communities, afraid that they would lose custody of their children and that they might become victims of violence. The studies also found that families experienced a kind of secondary minority stress
, says Jennifer Arm, a counseling graduate student at the University of Memphis
.
tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV
infection. The study linked the passage of same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, before Massachusetts became the first state to grant marriage licenses to same-sex couples in 2004. Such licenses are granted by six states: Connecticut
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
, Iowa
Same-sex marriage in Iowa
Same-sex marriage in the U.S. state of Iowa became legal on April 3, 2009.Iowa's first dealings with same-sex marriage came in 1998, after recent court cases on same-sex unions, starting in Hawaii, found that denying the right to marry to same-sex couples was incompatible with the Equal Protection...
, Massachusetts
Same-sex marriage in Massachusetts
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...
, New Hampshire, New York
Same-sex marriage in New York
Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day...
, Vermont, plus Washington, D.C. and Oregon's Coquille and Washington state's Suquamish Indian tribes
Same-sex marriage under United States tribal jurisdictions
The individual laws of the various United States federally-recognized Native Americans tribes set the limits on same-sex marriage under United States tribal jurisdictions. Most, but not all, Native American jurisdictions have no special regulation for marriages between people of the same sex or...
. Same-sex marriages could be legally performed in California
Same-sex marriage in California
The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...
between June 16, 2008, and November 4, 2008, after which voters passed Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
prohibiting same-sex marriages. Maryland recognizes same-sex marriages but does not grant marriage licenses to same-sex couples. The legalization of same-sex marriage has been driven by court rulings and legislative action, rather than voter referendums.
, 12 states prohibit same-sex marriage via statute and 29 via the state's constitution.
The movement to obtain marriage rights
Rights and responsibilities of marriages in the United States
According to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...
and benefits for same-sex couples in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
began in the early 1970s. The issue became more prominent in U.S. politics
Politics of the United States
The United States is a federal constitutional republic, in which the President of the United States , Congress, and judiciary share powers reserved to the national government, and the federal government shares sovereignty with the state governments.The executive branch is headed by the President...
once Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
in 1996. However, in the opening decade of the 21st century, public support for its legalization grew considerably. Several recent polls have shown support for legalized same-sex marriage above 50%, but the issue remains politically divisive.
Federal law
The legal issues surrounding same-sex marriage in the United States are complicated by the nation's federalFederalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
system of government. Prior to 1996, the federal government did not define marriage; any marriage recognized by a state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
was recognized by the federal government, even if that marriage was not recognized by one or more other states (as was the case with interracial marriage
Anti-miscegenation laws
Anti-miscegenation laws, also known as miscegenation laws, were laws that enforced racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races...
before 1967 due to anti-miscegenation laws
Anti-miscegenation laws
Anti-miscegenation laws, also known as miscegenation laws, were laws that enforced racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races...
). With the passage of the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA) in 1996, however, a marriage was explicitly defined in federal law as a union of one man and one woman. (See .)
DOMA has been under challenge in the federal courts, and on July 8, 2010, Judge Joseph Tauro
Joseph Louis Tauro
Joseph Louis Tauro is a United States federal judge. He is the son of the late Massachusetts Chief Justice G. Joseph Tauro.Born in Winchester, Massachusetts, Tauro received an A.B. from Brown University in 1953 and an LL.B. from Cornell Law School in 1956. He was a First Lieutenant in the United...
of the District Court of Massachusetts
United States District Court for the District of Massachusetts
The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples under the DOMA
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
is unconstitutional, under the Tenth Amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
to the US Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. This ruling is currently under a stay
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
, but would affect residents residing within the federal district that covers Massachusetts if the stay is lifted. If this decision is appealed and affirmed, the ruling could apply elsewhere in the U.S. For now, no act or agency of the federal government—except within the state of Massachusetts if the stay is lifted—may recognize same-sex marriage.
According to the federal government's Government Accountability Office
Government Accountability Office
The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
(GAO), more than 1,138 rights and protections
Rights and responsibilities of marriages in the United States
According to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...
are conferred to U.S. citizens upon marriage by the federal government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.
However, many aspects of marriage law affecting the day to day lives of inhabitants of the United States are determined by the states, not the federal government, and the Defense of Marriage Act does not prevent individual states from defining marriage as they see fit.
The United States Supreme Court in 1972 dismissed Baker v. Nelson
Baker v. Nelson
Richard John Baker v. Gerald R. Nelson was a case in which the Minnesota Supreme Court ruled that Minnesota law limited marriage to different-sex couples and that this limitation did not violate the United States Constitution...
, a case originating in Minnesota, "for want of a substantial federal question". The Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, as well as marriage laws in 45 states, could be affected by the outcome of Perry v. Schwarzenegger
Perry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
, a case challenging the validity of California's Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
under the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
State law
Same-sex marriage is recognized only at the state level, as the federal Defense of Marriage ActDefense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
explicitly bars federal recognition of such marriages.
Six state governments (along with the District of Columbia, the Coquille Indian Tribe, and the Suquamish tribe) have passed laws offering same-sex marriage: New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, and New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. In all six states, same-sex marriage has been legalized through legislation or court ruling. Same-sex marriage has been legal in Massachusetts
Same-sex marriage in Massachusetts
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...
since May 17, 2004; in Connecticut
Same-sex marriage in Connecticut
Connecticut joined Massachusetts as one of two states in the U.S. to perform marriages of same-sex couples on November 12, 2008. Connecticut was the third state to do so, but only the second where the decision was not repealed.-Civil union:...
since November 12, 2008; in Iowa
Same-sex marriage in Iowa
Same-sex marriage in the U.S. state of Iowa became legal on April 3, 2009.Iowa's first dealings with same-sex marriage came in 1998, after recent court cases on same-sex unions, starting in Hawaii, found that denying the right to marry to same-sex couples was incompatible with the Equal Protection...
since April 27, 2009; in Vermont since September 1, 2009; New Hampshire since January 1, 2010; and New York
Same-sex marriage in New York
Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day...
since July 24, 2011. In 2009, New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
became the center of an organized push to legalize same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, with four of the six states in that region granting same-sex couples the legal right to marry.
Out of 28 states where constitutional amendments or initiatives that define marriage as the union of a man and a woman were put on the ballot in a voter referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, voters in all 28 states voted to approve such amendments. Arizonans voted down one such amendment in 2006, but approved a different amendment to that effect
Arizona Proposition 102 (2008)
Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a referendum held in 2008. It added Article 30 of the Arizona Constitution, which says:"Only a union of one man and one woman shall be valid or recognized as a marriage in this state."- Overview :On...
in 2008. In 1998, Hawaiian voters approved language allowing their legislature
Hawaii Constitutional Amendment 2 (1998)
Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted...
to ban same-sex marriage. In 2009, Maine
Same-sex marriage in Maine
Same-sex marriage in Maine is currently unrecognized. A bill to allow same-sex marriages in Maine was signed into law on May 6, 2009, by Governor Baldacci following legislative approval, but opponents successfully petitioned for a referendum on the issue, putting the law on hold before it went into...
voters prevented legislation permitting same-sex marriage from going into effect.
, 29 states had constitutional provisions restricting marriage to one man and one woman, while 12 others had laws "restricting marriage to one man and one woman." Nineteen states ban any legal recognition of same-sex unions that would be equivalent to civil marriage.
Opponents of same-sex marriage have worked to prevent individual states from recognizing same-sex unions by attempting to amend the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
to define marriage as a union between one man and one woman. In 2006, the Federal Marriage Amendment
Federal Marriage Amendment
The Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
, which would prohibit states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
on a party-line vote and was debated by the full United States Senate, but was ultimately defeated in both houses of Congress.
The right to marry was first extended to same-sex couples by a United States jurisdiction on November 18, 2003, by a state Supreme Judicial Court ruling in Massachusetts.
On May 15, 2008, the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
issued a decision in which it effectively legalized same-sex marriage in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, holding that California's existing opposite-sex definition of marriage violated the constitutional rights of same-sex couples. Same-sex marriage opponents in California placed a state constitutional amendment known as Proposition 8
California Proposition 8 (2008)
Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
on the November 2008 ballot for the purpose of restoring an opposite-sex definition of marriage. Proposition 8 was passed on Election Day 2008, as were proposed marriage-limiting amendments in Florida and Arizona. On August 4, 2010, a decision by the U.S. District Court in Perry v. Schwarzenegger
Perry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
ruled Proposition 8 unconstitutional. The decision in that case is currently being appealed and the case is ultimately expected to be decided by the U.S. Supreme Court.
On October 10, 2008, the Connecticut Supreme Court overturned the state's civil-unions statute (2005), as unconstitutionally discriminating against same-sex couples, and required the state to recognize same-sex marriages.
Same-sex marriage was legalized in Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
following the unanimous ruling of the Iowa Supreme Court
Iowa Supreme Court
The Iowa Supreme Court is the highest court in the U.S. state of Iowa. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices....
in Varnum v. Brien
Varnum v. Brien
Varnum v. Brien, 763 N.W.2d 862 , is an Iowa court case in which six same-sex couples filed suit against Timothy Brien, Polk County Recorder, for refusing to grant marriage licenses to them...
on April 3, 2009. This decision was initially scheduled to take effect on April 24, but the date was changed to April 27 for administrative reasons.
On April 7, 2009, Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
legalized same-sex marriage through legislation. The Governor of Vermont had previously vetoed the measure, but the veto was overridden by the Legislature. Vermont became the first state in the United States to legalize same-sex marriage through legislative means rather than litigation.
On May 6, 2009, Maine Governor John Baldacci
John Baldacci
John Elias Baldacci is an American politician who served as the 73rd Governor of the U.S. state of Maine from 2003 until 2011. A Democrat, he also served as a member of the United States House of Representatives from 1995 to 2003....
signed a law legalizing same-sex marriage, becoming the first state governor to do so. However, the legislation was stayed pending a vote and never went into effect. It was repealed by referendum in November 2009.
On June 3, 2009, New Hampshire became the sixth state to legalize same-sex marriage.
On December 18, 2009, a same-sex marriage bill was signed into law by the Mayor of the District of Columbia; same-sex marriage licenses became available in Washington, D.C. on March 3, 2010.
California, Colorado
Recognition of same-sex unions in Colorado
Recognition of same-sex unions in Colorado occurs within the framework of designated beneficiary agreements, effectual since July 1, 2009. These agreements grant limited rights, such as funeral arrangements and death benefits for same-sex partners...
, Hawaii
Recognition of same-sex unions in Hawaii
The U.S. state of Hawaii currently recognizes same-sex couples in reciprocal beneficiary relationships, which provide limited rights and benefits. Civil unions that provide benefits similar to marriage were legalized in 2011, and will become available in 2012...
, Maine
Domestic partnership in Maine
Domestic partnerships were established in the state of Maine by statute in April 2004, taking effect on 30 July 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage...
, Maryland, Nevada
Recognition of same-sex unions in Nevada
Same-sex marriage in Nevada was banned in 2002 through Question 2, an amendment to the Constitution of Nevada, which passed with almost 67 percent of the vote. In 2009, the Nevada Legislature passed a bill to create legal recognition of same-sex unions in Nevada...
, Oregon
Domestic partnership in Oregon
In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded to married couples available to same-sex couples. The new status will be referred to in Oregon law as a domestic partnership, avoiding the use...
, Rhode Island
Same-sex marriage in Rhode Island
Recognition of same-sex unions in Rhode Island is legal in the form of civil unions in that state as of July 1, 2011. Since 2002, Rhode Island has allowed for unregistered domestic partnerships that provide some of the rights and benefits of marriage Recognition of same-sex unions in Rhode Island...
, Wisconsin
Recognition of same-sex unions in Wisconsin
Domestic partnerships for same-sex couples have been recognized in Wisconsin since August 3, 2009 despite same-sex marriage and "a legal status identical or substantially similar to that of marriage for unmarried individuals" being banned by Wisconsin statutes and a constitutional amendment in...
, Illinois and Washington
Domestic partnership in Washington
State Registered Domestic Partnerships in Washington were created in the aftermath of the Andersen v. King County decision. Subsequent legislation has made a SRDP the equivalent of marriage under state law.-Beginnings:...
have created legal unions for same-sex couples that offer varying subsets of the rights and responsibilities of marriage under the laws of those jurisdictions. , New Jersey has created legal unions that, while not called marriages, are explicitly defined as offering all the rights and responsibilities of marriage under state (though not federal) law to same-sex couples.
Maryland recognizes same-sex marriages formed in other jurisdictions, but does not allow forming such marriages within their own borders. New York had been in a similar situation as its courts had held that same-sex marriages conducted in states where they are legal must be recognized by those states, but that the state statutes did not allow the issuance of same-sex marriage licenses, a situation which changed when its legislature legalized granting licenses to same-sex couples in 2011.
The laws of New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
are largely silent on the subject of same-sex marriage, as they do not specifically allow nor prohibit same-sex marriages or other types of same-sex unions.
Debate
President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
has stated that he supports the idea of legalizing same-sex marriage although at a personal level his beliefs place him in opposition to it; he has recently stated that his current position is "evolving." Obama remains sympathetic to the rights of individuals who identify as gay or lesbian. In a 1996 newspaper interview, Obama stated "I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages." However, during the 2008 presidential campaign, Obama stated, "I believe that marriage is the union between a man and a woman. For me as a Christian, it is a sacred union. You know, God is in the mix." One report indicates that Obama may have made comments in support of same-sex marriage during his Illinois Senate race in the 1990s. The president "supports full civil unions and federal rights for LGBT couples and opposes a constitutional ban on same-sex marriage," but stated in December 2010 that these civil unions from the perspective of same-sex couples are "not enough." Obama opposes a federal mandate for same-sex marriage, and also opposes the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, stating that individual states should decide the issue. Obama opposed Proposition 8—-California's constitutional ban on same-sex marriage-—in 2008. He has stated that he continues to personally wrestle with the issue of same-sex marriage.
Many high-profile politicians and commentators have expressed their views on same-sex marriage. Glenn Beck and Rush Limbaugh are two of the most prominent conservative commentators based on recent listenership ratings. In an O'Reilly Factor interview in August 2010, when Beck was asked if he "believe(s) that gay marriage is a threat to [this] country in any way", he stated, "No I don't…I believe that Thomas Jefferson said: 'If it neither breaks my leg nor picks my pocket what difference is it to me?'"
On his radio show in August 2010, Rush Limbaugh
Rush Limbaugh
Rush Hudson Limbaugh III is an American radio talk show host, conservative political commentator, and an opinion leader in American conservatism. He hosts The Rush Limbaugh Show which is aired throughout the U.S. on Premiere Radio Networks and is the highest-rated talk-radio program in the United...
made the following comments on the then-recent decision by U.S. District Court Judge Vaughn Walker regarding Proposition 8 in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
: "Marriage? There's a definition of it, for it. It means something. Marriage is a union of a man and woman. It's always been that. If you want to get married and you're a man, marry a woman. Nobody's stopping you. This is about tearing apart an institution." Commenting on the same court decision, former Speaker of the House Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
issued a statement in opposition to same-sex marriage, which read, in part, as follows: "Judge Walker's ruling overturning Prop 8 is an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife... Congress now has the responsibility to act immediately to reaffirm marriage as a union of one man and one woman as our national policy." Then-Speaker of the House of Representatives
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
Nancy Pelosi
Nancy Pelosi
Nancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
expressed her support for Judge Walker's decision: "I am extremely encouraged by the ruling today, which found that Proposition 8 violated both the due process and equal protection clauses of the U.S. Constitution. Proposition 8 has taken away individual rights and freedoms, and is a stain upon the California Constitution. We must continue to fight against discriminatory marriage amendments and work toward the day when all American families are treated equally." In 2009, Pelosi described the difficulty in repealing the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
: "I would like to get rid of all of it. But the fact is we have to make decisions on what we can pass at a given time. It doesn't mean the other issues are not important. It is a matter of getting the votes and the legislative floor time to do it." Openly gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
Congressman Barney Frank
Barney Frank
Barney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
voiced his concern in September 2009 with regard to the ability to obtain sufficient votes to overturn the Defense of Marriage Act: "If we had a chance to pass that, it would be a different story, but I don't think it's a good idea to rekindle that debate when there's no chance of passage in the near term."
During the 2008 presidential election campaign, then-Vice Presidential candidate Sarah Palin
Sarah Palin
Sarah Louise Palin is an American politician, commentator and author. As the Republican Party nominee for Vice President in the 2008 presidential election, she was the first Alaskan on the national ticket of a major party and first Republican woman nominated for the vice-presidency.She was...
stated: "I have voted along with the vast majority of Alaskans who had the opportunity to vote to amend our Constitution defining marriage as between one man and one woman. I wish on a federal level that that's where we would go because I don't support gay marriage."
Rachel Maddow
Rachel Maddow
Rachel Anne Maddow is an American television host and political commentator. Maddow hosts a nightly television show, The Rachel Maddow Show, on MSNBC. Her syndicated talk radio program, The Rachel Maddow Show, aired on Air America Radio...
, an openly gay commentator on MSNBC, expressed her frustration with the Obama Administration position on same-sex marriage in August 2010. In response to Senior White House Advisor David Axelrod's statement on President Obama's position: "The president does oppose same-sex marriage but he supports equality for gay and lesbian couples in benefits and other issues", Maddow said, "Got that? So the line from the administration is that Barack Obama does not want gay people to be allowed to be married, but when gay people can be married and other people are trying to take away that right like in California, he doesn't want the right to be taken away. But, he's not in favor of that right in the first place. You got it? The president is against gay marriage but he is also against constitutional amendments to ban gay marriage, which means that he'd apparently prefer that gay marriage be banned through flimsier tactical means? That's the president's position. Clear as mud. Ripe for criticism much?"
Advocacy groups have entered the same-sex marriage debate in recent years, including the National Organization for Marriage
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
(NOM) and the Family Research Council
Family Research Council
The Family Research Council is a conservative or right-wing Christian group and lobbying organization formed in the United States in 1981 by James Dobson. It was fully incorporated in 1983...
(FRC), which has been designated a hate group by the Southern Poverty Law Center
Southern Poverty Law Center
The Southern Poverty Law Center is an American nonprofit civil rights organization noted for its legal victories against white supremacist groups; legal representation for victims of hate groups; monitoring of alleged hate groups, militias and extremist organizations; and educational programs that...
. NOM lists strategies on its website for supporters to use, including the following statement: "Strong majorities of Americans oppose gay marriage. Supporters of SSM therefore seek to change the subject to just about anything: discrimination, benefits, homosexuality, gay rights, federalism, our sacred constitution. Our goal is simple: Shift the conversation rapidly back to marriage. Don't get sidetracked. Marriage is the issue. Marriage is what we care about. Marriage really matters. It's just common sense." According to its website, the FRC opposes "the vigorous efforts of homosexual activists to demand that homosexuality be accepted as equivalent to heterosexuality in law, in the media, and in schools. Attempts to join two men or two women in 'marriage' constitute a radical redefinition and falsification of the institution, and FRC supports state and federal constitutional amendments to prevent such redefinition by courts or legislatures." The Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
(HRC) is one of the leading advocacy groups in support of same-sex marriage. According to the HRC's website, "Many same-sex couples want the right to legally marry because they are in love – many, in fact, have spent the last 10, 20 or 50 years with that person – and they want to honor their relationship in the greatest way our society has to offer, by making a public commitment to stand together in good times and bad, through all the joys and challenges family life brings."
Support
Mark Mathabane
Mark Mathabane is an author, lecturer, and a former collegiate tennis player and college professor.- Early life in South Africa :...
likens prohibitions on same-sex marriage to past U.S. prohibitions on interracial marriage. Fernando Espuelas argues that same-sex marriage should be allowed because same-sex marriage extends a civil right to a minority group. According to an American history scholar Nancy Cott "there really is no comparison, because there is nothing that is like marriage except marriage."
Several mainstream social science organizations in the United States take the view that the stigma created by policies that they believe constitute differential treatment of gay men and women has severe psychological and social impacts; those organizations aver that defining marriage as an opposite-sex institution invites the public to discriminate against individuals who identify as gay or lesbian and has adverse effects on children raised by same-sex partners.
Opposition
United States Conference of Catholic Bishops
The United States Conference of Catholic Bishops is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops and United States Catholic Conference, it is composed of all active and retired members of the Catholic...
, the Southern Baptist Convention
Southern Baptist Convention
The Southern Baptist Convention is a United States-based Christian denomination. It is the world's largest Baptist denomination and the largest Protestant body in the United States, with over 16 million members...
, and National Organization for Marriage
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
argue that children do best when raised by a mother and father, and that legalizing same-sex marriage is, therefore, contrary to the best interests of children. Maggie Gallagher
Maggie Gallagher
Margaret Gallagher Srivastav , better known by her working name Maggie Gallagher, is an American writer, commentator, and opponent of same-sex marriage. She has written a syndicated column for Universal Press Syndicate since 1995, and has published five books...
of the National Organization for Marriage has raised concerns about the impact of same-sex marriage upon religious liberty and upon faith-based charities in the United States.
Other arguments against same-sex marriage are based upon concerns about a "slippery slope" toward other redefinitions of the institution. Stanley Kurtz of the Weekly Standard has written that same-sex marriage would eventually lead to the legalization of polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
and polyamory
Polyamory
Polyamory is the practice, desire, or acceptance of having more than one intimate relationship at a time with the knowledge and consent of everyone involved....
, or group marriage
Group marriage
Group marriage, also known as multi-lateral marriage, is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental...
, in the United States.
Marriage privatization
A libertarian argument for marriage privatizationMarriage privatization
Marriage privatization is the concept that the state should have no authority to define the terms of personal relationships such as marriage. Proponents of marriage privatization, including certain minarchists, anarchists, libertarians, and opponents of government interventionism, claim that such...
holds that government has no role in defining the terms whereby individuals contract to arrange their personal relationships, regardless of sexual orientation. People holding this viewpoint argue that government should have a limited role or no role in defining marriage, only in enforcing those contracts people construct themselves and willfully enter. The rights granted to a married couple exceed those that can be mutually granted by two people to each other contractually, and also involve rights granted by government.
Public opinion
Public support for same-sex marriage has grown since the 1990s. In 1996, just 25% of Americans supported legalization. Polling trends in 2010 and 2011 show support for same-sex marriage outstripping opposition, although the difference is within the error limit of the analysis. On May 20, 2011, Gallup reported majority support for gay marriage by a margin that exceeded the poll's margin of error. In June 2011, two prominent polling organizations released an analysis of the changing trend in public opinion about same-sex marriage in the United States, concluding that "public support for the freedom to marry has increased, at an accelerating rate, with most polls showing that a majority of Americans now support full marriage rights for all Americans".Economic impact on same-sex couples
Dr. M. V. Lee Badgett, an economist and associate professor at the University of Massachusetts AmherstUniversity of Massachusetts Amherst
The University of Massachusetts Amherst is a public research and land-grant university in Amherst, Massachusetts, United States and the flagship of the University of Massachusetts system...
, has studied the impact of same-sex legal marriage on same-sex couples. According to a 1997 General Accounting Office study requested by Rep. Henry Hyde
Henry Hyde
Henry John Hyde , an American politician, was a Republican member of the United States House of Representatives from 1975 to 2007, representing the 6th District of Illinois, an area of Chicago's northwestern suburbs which included O'Hare International Airport...
(R), at least 1,049 U.S. Federal laws and regulations include reference to marital status. A later 2004 study by the Congressional Budget Office
Congressional Budget Office
The Congressional Budget Office is a federal agency within the legislative branch of the United States government that provides economic data to Congress....
finds 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'" Many of these laws govern property rights, benefits, and taxation. Same-sex couples, whose marriages are not recognized by the state, are ineligible for spousal and survivor Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...
benefits. Badgett's research finds the resulting difference in Social Security income for same-sex couples compared to opposite-sex married couples is US$5,588 per year. The federal ban on same-sex marriage and benefits through the 1996 Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA) extends to federal government employee benefits. According to Badgett's work, same-sex couples face other financial challenges against which legal marriage at least partially shields opposite-sex couples.
- potential loss of couple's home from medical expenses of one partner caring for another gravely ill one
- costs of supporting two households, travel, or emigration out of the U.S. for an American citizen unable to legally marry a non-U.S. citizen
- higher cost of purchasing private insurance for partner and children if company is not one of 18% that offer domestic partner benefits
- higher taxes: unlike a company's contribution to an employee's spouse's health insurance, domestic partner benefits are taxed as additional compensation
- legal costs associated with obtaining domestic partner documents to gain some of the power of attorney, health care decision-making, and inheritance rights granted through legal marriage
- higher health costs associated with lack of insurance and preventative care: 20% of same-sex couples have a member who is uninsured compared to 10% of married opposite-sex couples
- current tax law allows a spouse to inherit an unlimited amount from the deceased without incurring an estate tax but an unmarried partner would have to pay the estate tax on the inheritance from her/his partner
- same-sex couples are not eligible to file jointly or separately as a married couple and thus cannot take the advantages of lower tax rates when the individual income of the partners differs significantly
While state laws grant full marriage rights (Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
and Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
) or some or all of the benefits under another name (New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, Washington, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, etc.), these state laws do not extend the benefits of marriage on the Federal level, and most states do not currently recognize same-sex marriages, domestic partnerships, or civil unions from other states.
Potential economic disadvantages to same-sex married couples
While the legal benefits of marriage are numerous, same-sex couples could face the same financial constraints of legal marriage as opposite-sex married couples. Such potential effects include the marriage penaltyMarriage penalty
The marriage penalty in the United States refers to the higher taxes required from some married couples, where spouses are making approximately the same taxable income, filing one tax return than for the same two people filing two separate tax returns if they were unmarried...
in taxation (if the federal government were to recognize same-sex marriage). Similarly, while social service providers usually do not count one partner's assets toward the income means test for welfare and disability assistance for the other partner, a legally married couple's joint assets are normally used in calculating whether a married individual qualifies for assistance.
Economic impact on the federal government
The 2004 Congressional Budget Office study, working from an assumption "that about 0.6 percent of adults would enter into same-sex marriages if they had the opportunity" (an assumption in which they admitted "significant uncertainty") estimated that legalizing same-sex marriage throughout the United States "would improve the budget's bottom line to a small extent: by less than $1 billion in each of the next 10 years". This result reflects an increase in net government revenues (increased income taxes due to marriage penalties more than offsetting decreased tax revenues arising from postponed estate taxes). Marriage recognition would increase the government expenses for Social Security and Federal Employee Health Benefits but that increase would be more than made up for by decreased expenses for Medicaid, Medicare, and Supplemental Security Income.Mental health
Based in part on empirical research that has been conducted on the adverse effects of stigmatization, numerous prominent social science organizations have issued position statements supporting same-sex marriage and opposing discrimination on the basis of sexual orientation; these organizations include the American Psychoanalytic Association and the American Psychological Association.Several psychological studies have shown that an increase in exposure to negative conversations and media messages about same-sex marriage creates a harmful environment for the LGBT population that may affect their health and well-being.
One study surveyed more than 1,500 lesbian, gay and bisexual adults across the nation and found that respondents from the 25 states that have outlawed same-sex marriage had the highest reports of "minority stress
Minority stress
Minority stress describes chronically high levels of stress faced by members of stigmatized minority groups. It may be caused by a number of factors, including poor social support and low socioeconomic status, but the most well understood causes of minority stress are interpersonal prejudice and...
" — the chronic social stress that results from minority-group stigmatization — as well as general psychological distress. According to the study, the negative campaigning that comes with a ban is directly responsible for the increased stress. Past research has shown that minority stress
Minority stress
Minority stress describes chronically high levels of stress faced by members of stigmatized minority groups. It may be caused by a number of factors, including poor social support and low socioeconomic status, but the most well understood causes of minority stress are interpersonal prejudice and...
is linked to health risks such as risky sexual behavior and substance abuse.
Two other studies examined personal reports from LGBT adults and their families living in Memphis, Tennessee
Memphis, Tennessee
Memphis is a city in the southwestern corner of the U.S. state of Tennessee, and the county seat of Shelby County. The city is located on the 4th Chickasaw Bluff, south of the confluence of the Wolf and Mississippi rivers....
, immediately after a successful 2006 ballot campaign banned same-sex marriage. Most respondents reported feeling alienated from their communities, afraid that they would lose custody of their children and that they might become victims of violence. The studies also found that families experienced a kind of secondary minority stress
Minority stress
Minority stress describes chronically high levels of stress faced by members of stigmatized minority groups. It may be caused by a number of factors, including poor social support and low socioeconomic status, but the most well understood causes of minority stress are interpersonal prejudice and...
, says Jennifer Arm, a counseling graduate student at the University of Memphis
University of Memphis
The University of Memphis is an American public research university located in the Normal Station neighborhood of Memphis, Tennessee and is the flagship public research university of the Tennessee Board of Regents system....
.
Physical health
In 2009, a pair of economists at Emory UniversityEmory University
Emory University is a private research university in metropolitan Atlanta, located in the Druid Hills section of unincorporated DeKalb County, Georgia, United States. The university was founded as Emory College in 1836 in Oxford, Georgia by a small group of Methodists and was named in honor of...
tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
infection. The study linked the passage of same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.
Timeline of major events
- October 10, 1972: The United States Supreme Court dismisses appeal in Baker v. NelsonBaker v. NelsonRichard John Baker v. Gerald R. Nelson was a case in which the Minnesota Supreme Court ruled that Minnesota law limited marriage to different-sex couples and that this limitation did not violate the United States Constitution...
"for want of a substantial federal question". - May 5, 1993: The Supreme Court of Hawaii rules that statute limiting marriage to opposite-sex couples is presumed to be unconstitutional unless the state can show that it is (1) justified by compelling state interests and (2) narrowly drawn to avoid unnecessary abridgements of rights under the Hawaii ConstitutionConstitution of HawaiiThe Constitution of the State of Hawaiʻi refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. Numerous constitutions have been promulgated for the Kingdom of Hawaii,...
. The case is sent back to the lower courts for a trial on these two issues. - September 21, 1996: President Bill ClintonBill ClintonWilliam Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
signs into law the Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, denying federal recognition of same-sex marriages. - December 3, 1996: A Hawaii trial court judge holds that no compelling interests support Hawaii's statute limiting marriage to opposite-sex couples. He stays the decision pending review by the Supreme Court of Hawaii.
- November 3, 1998: Hawaii voters pass a constitutional amendmentHawaii Constitutional Amendment 2 (1998)Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted...
to give the Hawaii State Legislature the power to reserve marriage to opposite-sex couples. Voters in AlaskaAlaskaAlaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
approve a state constitutional amendment defining marriage as the union of one man and one woman. - December 9, 1999: In light of the constitutional amendment, the Supreme Court of Hawaii in Baehr v. MiikeBaehr v. MiikeBaehr v. Miike is a 1993 Supreme Court of Hawaii case in which three same-sex couples argued that the state's prohibition of same-sex marriage violated the state constitution...
reverses the decision of the trial court and remands the case with instructions to enter judgment for the state. - December 20, 1999: The Vermont Supreme CourtVermont Supreme CourtThe Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont and is one of seven state courts of Vermont.The Court consists of a chief justice and four associate justices; the Court mostly hears appeals of cases that have been decided by other courts...
holds that exclusion of same-sex couples from benefits and protections incident to marriage under state law violated the common-benefits clause of the Vermont ConstitutionConstitution of VermontThe Constitution of the State of Vermont is the fundamental body of law of the U.S. State of Vermont. It was adopted in 1793 following Vermont's admission to the Union in 1791 and is largely based upon the 1777 Constitution of Vermont which was ratified at Windsor in the Old Constitution House. At...
. - November 2000: Voters in NebraskaNebraskaNebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
approve Nebraska Initiative Measure 416Nebraska Initiative Measure 416 (2000)Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters....
, a state constitutional amendment defining marriage as the union of one man and one woman. - November 2002: Voters in NevadaNevadaNevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
approve a state constitutional amendment defining marriage as the union of one man and one woman. - November 18, 2003: The Massachusetts Supreme Judicial CourtMassachusetts Supreme Judicial CourtThe Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
gives the state legislature 180 days to enact same-sex marriage. - February 11, 2004: The Massachusetts General CourtMassachusetts General CourtThe Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
(legislature) completes the first step in a process that would ban same-sex marriage. The process is not continued. - February 12 – March 11, 2004: San Francisco issues same-sex marriage licensesSan Francisco 2004 same-sex weddingsThe San Francisco 2004 same-sex weddings took place between February 12 and March 11, 2004. Newly-elected San Francisco Mayor Gavin Newsom gained international attention and attracted controversy when he issued a directive to the city-county clerk to issue marriage licenses to same-sex couples...
. - March 3 – April 20, 2004: Several Oregon counties, led by Portland's Multnomah County, issue same-sex marriage licenses.
- May 17, 2004: Same-sex marriage starts in Massachusetts.
- August 12, 2004: The California Supreme Court rules that the San Francisco marriages are void.
- August 3, 2004: Voters in MissouriMissouriMissouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
approve a state constitutional amendment defining marriage as the union of one man and one woman. - September 18, 2004: Voters in LouisianaLouisianaLouisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
approve a state constitutional amendment defining marriage as the union of one man and one woman. - November 2004: Voters in ArkansasArkansasArkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, GeorgiaGeorgia (U.S. state)Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, KentuckyKentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
, MichiganMichiganMichigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, MississippiMississippiMississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, MontanaMontanaMontana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, North DakotaNorth DakotaNorth Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
, OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, OklahomaOklahomaOklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, OregonOregonOregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, and UtahUtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
approve state constitutional amendments defining marriage as the union of one man and one woman. - April 5, 2005: Voters in KansasKansasKansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, by a 70% to 30% margin, approve a state constitutional amendment defining marriage as the union of one man and one woman. - May 12, 2005: Nebraska Initiative Measure 416 overturned by United States District Judge Joseph F. BataillonJoseph F. BataillonJoseph F. Bataillon is a United States federal judge.Born in Omaha, Nebraska, Bataillon received a B.A. from Creighton University in 1971 and a J.D. from Creighton University School of Law in 1974. He was a deputy public defender, Douglas County, Nebraska from 1974 to 1980...
as a unconstitutional violation of the Fourteenth Amendment's Equal Protection clause, and a bill of attainderBill of attainderA bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
in violation of Article IArticle One of the United States ConstitutionArticle One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
's Contract ClauseContract ClauseThe Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
. - September 29, 2005: California Governor Arnold SchwarzeneggerArnold SchwarzeneggerArnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
vetoes a same-sex marriage bill. - November 8, 2005: Voters in TexasTexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
approve a state constitutional amendment defining marriage as the union of one man and one woman. - June 6, 2006: Voters in AlabamaAlabamaAlabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
approve a state constitutional amendment defining marriage as the union of one man and one woman, with 81% of voters voting in favor. - July 6, 2006: The New York Court of Appeals issues its decision in Hernández v. Robles, stating that same-sex partners do not have the right to marry under the New York Constitution.
- July 14, 2006: United States Court of Appeals for the Eighth CircuitUnited States Court of Appeals for the Eighth CircuitThe United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
rules that Nebraska Initiative Measure 416Nebraska Initiative Measure 416 (2000)Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters....
's limiting marriage to one man and one woman does not violate the Fourteenth Amendment's Equal Protection clause, and was not a bill of attainderBill of attainderA bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
in violation of Article IArticle One of the United States ConstitutionArticle One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
's Contract ClauseContract ClauseThe Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
, reversing Judge Joseph F. BataillonJoseph F. BataillonJoseph F. Bataillon is a United States federal judge.Born in Omaha, Nebraska, Bataillon received a B.A. from Creighton University in 1971 and a J.D. from Creighton University School of Law in 1974. He was a deputy public defender, Douglas County, Nebraska from 1974 to 1980...
's 2005 decision. - November 2006: Voters in ColoradoColoradoColorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, IdahoIdahoIdaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, South CarolinaSouth CarolinaSouth Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, South DakotaSouth DakotaSouth Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, TennesseeTennesseeTennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
, VirginiaVirginiaThe Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, and WisconsinWisconsinWisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
approve state constitutional amendments defining marriage as the union of one man and one woman. - October 12, 2007: California Governor Arnold Schwarzenegger vetoes same-sex marriage bill.
- May 15, 2008: The Supreme Court of CaliforniaSupreme Court of CaliforniaThe Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
overturns the state's ban on same-sex marriage. - June 16, 2008: Same-sex marriage starts in California.
- September 10, 2008: HB436, a bill that seeks to "eliminates the exclusion of same gender couples from marriage", is submitted to the New Hampshire House of Representatives.
- October 10, 2008: The Supreme Court of Connecticut orders same-sex marriage legalized.
- November 4, 2008: Voters in ArizonaArizonaArizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, and FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
approve state constitutional amendments defining marriage as the union of one man and one woman. - November 5, 2008: Proposition 8 takes effect in California, stopping new same-sex marriage licenses from being issued after this date.
- November 12, 2008: Same-sex marriage starts in Connecticut.
- March 26, 2009: HB436 supporting same-sex marriage passes the New Hampshire House of Representatives.
- April 3, 2009: The Iowa Supreme CourtIowa Supreme CourtThe Iowa Supreme Court is the highest court in the U.S. state of Iowa. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices....
legalizes same-sex marriage. - April 6, 2009: A same-sex marriage bill is passed by the Vermont General AssemblyVermont General AssemblyThe Vermont General Assembly is the legislative body of the U.S. state of Vermont. The Legislature is formally known as the "General Assembly," but the style of "Legislature" is commonly used, including by the body itself...
and then vetoed by the governor. - April 7, 2009: The Vermont General AssemblyVermont General AssemblyThe Vermont General Assembly is the legislative body of the U.S. state of Vermont. The Legislature is formally known as the "General Assembly," but the style of "Legislature" is commonly used, including by the body itself...
overrides the governor's veto of the same-sex marriage bill. - April 23, 2009: Connecticut governor signs legislation which statutorily legalizes same-sex marriage (see Oct. 10 and Nov. 12, 2008), and also converts any existing civil unions into marriages as of October 1, 2010.
- April 27, 2009: Same-sex marriage starts in Iowa.
- April 29, 2009: HB436 supporting same-sex marriage passes the New Hampshire SenateNew Hampshire SenateThe New Hampshire Senate has been meeting since 1784. It is the upper house of the New Hampshire General Court. It consists of 24 members representing Senate districts based on population...
with minor amendments. - May 6, 2009: Maine Governor Baldacci signs the Marriage Equality Bill. The New Hampshire House of RepresentativesNew Hampshire House of RepresentativesThe New Hampshire House of Representatives is the lower house in the New Hampshire General Court. The House of Representatives consists of 400 members coming from 103 districts across the state, created from divisions of the state's counties. On average, each legislator represents about 3,300...
concurs with the Senate's amendments to HB436, and the bill supporting same-sex marriage advances to Governor John Lynch. - May 12, 2009: A same-sex marriage bill passes in the lower house New York Assembly.
- May 26, 2009: The California Supreme Court upholds Proposition 8California Proposition 8 (2008)Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections...
, but also upholds the marriage rights of the 18,000 same-sex couples married while same-sex marriage had been briefly legalized. - June 3, 2009: The New Hampshire General CourtNew Hampshire General CourtThe General Court of New Hampshire is the bicameral state legislature of the U.S. state of New Hampshire. The lower house is the New Hampshire House of Representatives with 400 members. The upper house is the New Hampshire Senate with 24 members...
passes new HB73, which includes protections for religious institutions, as required by Gov. John Lynch to secure his signature on HB436, a bill legalizing same-sex marriage. Gov. Lynch signs both bills the same day. - September 1, 2009: Same-sex marriage starts in Vermont.
- September 11, 2009: Same-sex marriage was supposed to start on this day in Maine, but is subject to a People's Veto.
- October 2, 2009: A Texas judge rules the state's same-sex marriage ban unconstitutional while presiding over the divorce proceedings for two gay Texans married in Massachusetts, clearing the way for both Texas's first same-sex divorce and a legal challenge to the same-sex marriage ban.
- October 11, 2009: California Governor Arnold Schwarzenegger signs into law recognition of out-of-state same-sex marriage.
- November 3, 2009: The same-sex marriage law passed in Maine is repealed through a popular referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, with 53% in favor of repeal. - December 1, 2009: The Council of the District of ColumbiaCouncil of the District of ColumbiaThe Council of the District of Columbia is the legislative branch of the local government of the District of Columbia. As permitted in the United States Constitution, the District is not part of any U.S. state and is instead overseen directly by the federal government...
passes same-sex marriage bill 11-2 in its first vote. The bill must pass a second vote on December 15 before it can go to Mayor Adrian Fenty for signature. Barring interference by the United States Congress within thirty legislative days after Mayor Fenty signs the bill, DC will allow same-sex marriage. - December 2, 2009: Same-sex marriage legislation is defeated 38–24 in the New York State SenateNew York State SenateThe New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
. - December 15, 2009: District of Columbia City Council passes same-sex marriage bill 11-2 in its second vote. The bill was signed by Mayor Fenty on December 18, 2009.
- January 1, 2010: Same-sex marriage starts in New Hampshire and all out-of-state same-sex marriages are given the benefits of marriage under California law, although only those performed before November 5, 2008 are granted the designation "marriage".
- February 24, 2010: Maryland's attorney general issues an opinion requiring the state to recognize same-sex marriages performed in other states.
- March 3, 2010: Same-sex marriage starts in Washington, D.C.
- July 8, 2010: Judge Joseph TauroJoseph Louis TauroJoseph Louis Tauro is a United States federal judge. He is the son of the late Massachusetts Chief Justice G. Joseph Tauro.Born in Winchester, Massachusetts, Tauro received an A.B. from Brown University in 1953 and an LL.B. from Cornell Law School in 1956. He was a First Lieutenant in the United...
of the District Court of MassachusettsUnited States District Court for the District of MassachusettsThe United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
held in two related cases (Gill v. Office of Personnel ManagementGill v. Office of Personnel ManagementGill et al. v. Office of Personnel Management 699 F.Supp.2d 374 is a lawsuit filed in the United States District Court for the District of Massachusetts...
and Massachusetts v. United States Department of Health and Human ServicesMassachusetts v. United States Department of Health and Human ServicesCommonwealth of Massachusetts v. United States Department of Health and Human Services 698 F.Supp.2d 234 is a lawsuit filed in the United States District Court for the District of Massachusetts...
) that the denial of federal rights and benefits to lawfully married same-sex couples in Massachusetts under the Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
is unconstitutional under the FifthFifth Amendment to the United States ConstitutionThe Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and Tenth AmendmentsTenth Amendment to the United States ConstitutionThe Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
to the U.S. ConstitutionUnited States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. - August 4, 2010: California's Proposition 8 is overturned by United States District Judge Vaughn R. WalkerVaughn R. WalkerVaughn R. Walker served as a district judge of the United States District Court for the Northern District of California from 1989 to 2011.-Biography:Walker was born in Watseka, Illinois, in 1944...
as an unconstitutional violation of the Fourteenth Amendment's Due ProcessDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and Equal Protection clauses. - August 31, 2010: The Fifth Court of AppealsTexas Courts of AppealsThe Texas Courts of Appeals are part of the Texas judicial system. In Texas, all cases appealed from the district level, both criminal and civil, may be heard by one of the fourteen Texas Courts of Appeals. The exception is for cases where the death penalty is a factor; these cases go directly to...
in Dallas, TexasDallas, TexasDallas is the third-largest city in Texas and the ninth-largest in the United States. The Dallas-Fort Worth Metroplex is the largest metropolitan area in the South and fourth-largest metropolitan area in the United States...
reverses a 2009 ruling in a same-sex divorce case, ruling that the Texas constitutional ban on same-sex marriage does not violate the Equal Protection ClauseEqual Protection ClauseThe Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth AmendmentFourteenth Amendment to the United States ConstitutionThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The court further rules that district courts in Texas do not have subject-matter jurisdictionSubject-matter jurisdictionSubject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
to hear a same-sex divorce case. - October 12, 2010: The Department of Justice appealed against Tauro's July 8 decision (see above).
- February 23, 2011: The Obama Administration announced its determination that discrimination based on sexual orientation is subject to heightened scrutiny and when judged by that standard is unconstitutional. It will continue to enforce DOMA's provisions, will no longer defend challenges to the constitutionality of section 3 of DOMA in court, and will cooperate with the courts if Congress decides to assert its right to defend DOMA's constitutionality in court.
- March 4, 2011: Speaker of the HouseSpeaker of the United States House of RepresentativesThe Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
John BoehnerJohn BoehnerJohn Andrew Boehner is the 61st and current Speaker of the United States House of Representatives. A member of the Republican Party, he is the U.S. Representative from , serving since 1991...
announced he would exercise Congress's right to defend DOMA's constitutionality in court by convening a bipartisan legal advisory group tasked with "initiating action by the House to defend this law." - June 24, 2011: The New York State SenateNew York State SenateThe New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
passed a bill legalizing same-sex marriage by a vote of 33-29. The bill was signed by Governor Andrew CuomoAndrew CuomoAndrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
and became law. - July 24, 2011: Granting of same-sex marriages begins in New York.
- August 1, 2011: Washington state's Native American Suquamish tribe approves granting same-sex marriages.
Case law
United States case law regarding same-sex marriage:- Baker v. NelsonBaker v. NelsonRichard John Baker v. Gerald R. Nelson was a case in which the Minnesota Supreme Court ruled that Minnesota law limited marriage to different-sex couples and that this limitation did not violate the United States Constitution...
, 191 N.W.2d 185 (Minn. 1971) (upholding a Minnesota law defining marriage) - Jones v. Hallahan, 501 S.W.2d 588 (Ky. 1973) (upholding a Kentucky law defining marriage)
- Singer v. Hara, 522 P.2d 1187 (Wash. App. 1974) (ban on same-sex marriage was constitutional on the basis of gender discrimination; because the historical definition of marriage is between one man and one woman, same-sex couples are inherently ineligible to marry)
- Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982), cert. denied, 458 U.S. 1111 (affirming that same-sex marriage does not make one a "spouse" under the Immigration and Nationality Act)
- De Santo v. Barnsley, 476 A.2d 952 (Pa. Super. Ct. 1984)(same-sex couples cannot undergo divorce proceedings because they cannot enter a common law marriage)
- In re Estate of Cooper, 564 N.Y.S.2d 684 (N.Y. Fam. Ct. 1990)
- Baehr v. Lewin, 852 P.2d 44 (Haw. 1993) (holding that statute limiting marriage to opposite-sex couples violates the Hawaii constitution's equal-protection clause unless the state can show that the statute is (1) justified by compelling state interests and (2) narrowly tailored, prompting a state constitutional amendmentHawaii Constitutional Amendment 2 (1998)Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted...
and the federal Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
) - Dean v. District of Columbia, 653 A.2d 307 (D.C. 1995)
- Storrs v. Holcomb, 645 N.Y.S.2d 286 (N.Y. App. Div. 1996) (New York does not recognize or authorize same-sex marriage) (this ruling would later be changed, and New York did recognize same-sex marriages performed in other states before legalizing granting marriage licenses to such couples)
- In re Estate of Hall, 707 N.E.2d 201, 206 (Ill. App. Ct. 1998) (no same-sex marriage will be recognized; petitioner claiming existing same-sex marriage was not in a marriage recognized by law)
- Baker v. State, 170 Vt. 194; 744 A.2d 864 (Vt. 1999) (Common Benefits Clause of the state constitution requires that same-sex couples be granted the same legal rights as married persons)
- Rosengarten v. Downes, 806 A.2d 1066 (Conn. Ct. App. 2002) (Vermont civil union cannot be dissolved in Connecticut)
- Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App. 2002) (recognizing marriage as between one man and one woman)
- Frandsen v. County of Brevard, 828 So. 2d 386 (Fla. 2002) (State constitution will not be construed to recognize same-sex marriage; sex classifications not subject to strict scrutiny under Florida constitution)
- In re Estate of Gardiner, 42 P.3d 120 (Kan. 2002) (a post-op male-to-female transgendered person may not marry a male, because this person is still a male in the eyes of the law, and marriage in Kansas is recognized only between a man and a woman)
- Standhardt v. Superior Court ex rel. County of Maricopa, 77 P.3d 451 (Ariz. Ct. App. 2003) (no state constitution right to same-sex marriage)
- Morrison v. Sadler, 2003 WL 23119998 (Ind. Super. Ct. 2003) (Indiana's Defense of Marriage Act is found valid)
- Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003) (denial of marriage licenses to same-sex couples violated provisions of the state constitution guaranteeing individual liberty and equality, and was not rationally related to a legitimate state interest)
- Citizens for Equal Protection v. BruningCitizens for Equal Protection v. BruningCitizens for Equal Protection v. Bruning, 455 F.3d 859 , was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit challenging the federal constitutionality of Nebraska Initiative...
, 455 F.3d 859 (8th Cir. 2006) (reversing 368 F. Supp. 2d 980 (D. Neb. 2005)) (Nebraska's Initiative Measure 416Nebraska Initiative Measure 416 (2000)Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters....
does not violate Fourteenth Amendment's Equal Protection Clause, was not a bill of attainder, and does not violate the First Amendment; "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States") - Lewis v. HarrisLewis v. HarrisLewis v. Harris, 188 N.J. 415; 908 A.2d 196 , is a New Jersey Supreme Court case that held that same-sex couples are entitled to the same equal protection as heterosexual couples under the state constitution....
, 908 A.2d 196 (N.J. 2006) (New Jersey is required to extend all rights and responsibilities of marriage to same-sex couples, but prohibiting same-sex marriage does not violate the state constitution; legislature given 180 days from October 25, 2006 to amend the marriage laws or create a "parallel structure") - Andersen v. King CountyAndersen v. King CountyAndersen v. King County, 138 P.3d 963 — formerly Andersen v. Sims — is a case filed by eight Washingtonian lesbian and gay couples, who sued King County and the state of Washington for denying them marriage licenses under the state’s 1998 Defense of Marriage Act, which defined marriage as between...
, 138 P.3d 963 (Wash. 2006) (Washington's Defense of Marriage Act does not violate the state constitution) - Hernandez v. Robles, 855 N.E.2d 1 (N.Y. 2006) (New York State Constitution does not require that marriage be extended to same-sex couples)
- Langan v. St. Vincent's HospitalLangan v. St. Vincent's HospitalIn 2000, New York residents John Langan and Neil Conrad Spicehandler traveled to Vermont where they affirmed their commitment under Vermont's Civil Union laws. They were planning to adopt a child, and had purchased a house in Massapequa. Just hours after the closing of their house, Spicehandler was...
, 25 A.D.3d 90, 802 N.Y.S.2d 476 (N.Y. App. Div. 2005), review denied, 850 N.E.2d 672 (N.Y. 2006) (denying survivor partner in Vermont officiated Civil Union standing as a "spouse" for purposes of New York's wrongful death statute) - Conaway v. Deane, 932 A.2d 571 (Md. 2007) (upholding state law defining marriage as between a "man" and a "woman")
- Martinez v. County of MonroeMartinez v. County of MonroeMartinez v. County of Monroe is a judgment of the Supreme Court of the State of New York which established that a same-sex marriage performed in another state must be recognized by the state of New York. It was decided on February 1, 2008...
, 850 N.Y.S.2d 740 (N.Y. App. Div. 2008) (The court ruled unanimously that because New York legally recognizes out-of-state marriages of opposite-sex couples, it must do the same for same-sex couples. The county was refused leave to appeal on a technicality.) - In re Marriage CasesIn re Marriage CasesIn re Marriage Cases 43 Cal.4th 757 [76 Cal.Rptr.3d 683, 183 P.3d 384], was a California Supreme Court case with the dual holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and...
, 183 P.3d 384 (Cal. 2008) (The court ruled that limiting marriage to opposite-sex couples is invalid under the equal protection clause of the California Constitution, and that full marriage rights, not merely domestic partnership, must be offered to same-sex couples.); overruled by Strauss v. Horton, 207 P.3d 48 (Cal. 2009) (holding that same-sex couples have all the rights of heterosexual couples, except the right to the "designation" of marriage and that such a holding does not violate California's privacy, equal protection, or due process laws) For a review see: Thomas Kupka, Names and Designations in Law, in: The Journal Jurisprudence 6 (2010) 121-130. - Varnum v. BrienVarnum v. BrienVarnum v. Brien, 763 N.W.2d 862 , is an Iowa court case in which six same-sex couples filed suit against Timothy Brien, Polk County Recorder, for refusing to grant marriage licenses to them...
, 763 N.W.2d 862, (Ia. 2009) (Barring same-sex couples from marriage, the court unanimously ruled, violates the equal protection provisions of the Iowa Constitution. Equal protection requires full marriage, rather than civil unions or some other substitute, for same-sex couples) - Perry v. SchwarzeneggerPerry v. SchwarzeneggerPerry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
, 704 F. Supp. 2d 921 (N.D. Cal. 2010), (California's Proposition 8 (2008) violates fundamental right to marry under Loving v. Virginia, violates Due Process and Equal Protection Causes of the Fourteenth Amendment, and illegally discriminates on the basis of sexual orientation. Proposition 8 is driven only by animus against same-sex couples; therefore, does not survive rational basis reviewRational basis reviewRational basis review, in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. Rational basis is the lowest level of scrutiny that a...
. Permanently enjoins CA from enforcing Prop 8; order stayed pending appeal to the US Ninth Circuit Court of Appeals)
See also
- A Union In WaitA Union In WaitA Union in Wait is the name of a 2001 documentary film about same-sex marriage, directed by Ryan Butler. A Union In Wait was the first documentary about same-sex marriage to air on national television in the United States.-Location:...
(documentary) - Same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
- Timeline of same-sex marriageTimeline of same-sex marriageThis page contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide in modern history, followed by a timeline of notable same-sex marriages and unions. Also, events concerning same-sex marriages are listed in bold.-2011:* October 25: ...
- Status of same-sex marriageStatus of same-sex marriageThe status of same-sex marriage changes frequently as legislation and legal action takes place around the world. Summarized in this article are the current trends and consensus of political authorities and religions throughout the world.-Civil recognition:...
- Public opinion of same-sex marriage in the United States
- Same-sex marriage under United States tribal jurisdictionsSame-sex marriage under United States tribal jurisdictionsThe individual laws of the various United States federally-recognized Native Americans tribes set the limits on same-sex marriage under United States tribal jurisdictions. Most, but not all, Native American jurisdictions have no special regulation for marriages between people of the same sex or...
- Minority StressMinority stressMinority stress describes chronically high levels of stress faced by members of stigmatized minority groups. It may be caused by a number of factors, including poor social support and low socioeconomic status, but the most well understood causes of minority stress are interpersonal prejudice and...
Legislation
- Same-sex marriage status in the United States by stateSame-sex marriage status in the United States by stateSame-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts became the first state to legalize...
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage law in the United States by state
- Same-sex unions in the United StatesSame-sex unions in the United StatesSame-sex unions in the United States are legally recognized in some states and municipalities in various forms. These are same-sex marriage, civil unions, domestic partnerships, and reciprocal beneficiary relationships. Legally recognized same-sex unions can be formed in thirteen states and the...
- Rights and responsibilities of marriages in the United StatesRights and responsibilities of marriages in the United StatesAccording to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection Act of 2007
- U.S. state constitutional amendments banning same-sex unions
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnership in the United States
External links
- Where Can Gays Wed? Newsweek's Interactive Map on same-sex marriage legislation in the United States, June 2008 by Marc Bain, Alicia Parlapiano and Xaquín G.V.
- LA Weekly feature, "California Supreme Court Set to Consider Gay Marriage," Feb. 2008 by Matthew Fleischer
- PollingReport.com Law and Civil Rights compendium
- American Courts on Marriage: Is Marriage Discriminatory? 1998–2008, Joshua Baker, Institute for Marriage and Public Policy, May 2008.