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Same-sex marriage in the United States

January 01, 1970

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

Jack Baker and Michael McConnell (r), the first same-sex couple ever legally married in the United States (in 1971), at their Minneapolis home, 1970

Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s.[1] In 1972, the now overturned Baker v. Nelson saw the Supreme Court of the United States decline to become involved.[2] The issue became prominent from around 1993, when the Supreme Court of Hawaii ruled in Baehr v. Lewin that it was unconstitutional under the Constitution of Hawaii for the state to abridge marriage on the basis of sex. That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized by law, the most prominent of which was the 1996 federal Defense of Marriage Act (DOMA). In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional under the Constitution of Massachusetts for the state to abridge marriage on the basis of sex. From 2004 through to 2015, as the tide of public opinion continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (referendums and initiatives), and federal court rulings established same-sex marriage in thirty-six of the fifty states.

The most prominent supporters of same-sex marriage are human rights and civil rights organizations, while the most prominent opponents are religious groups, though some religious organizations support marriage equality.[3] The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in the civil rights movement, including Coretta Scott King, John Lewis, Julian Bond, and Mildred Loving.[4] In May 2012, the NAACP, the leading African-American civil rights organization, declared its support for same-sex marriage and stated that it is a civil right.[5]

In June 2013, the Supreme Court of the United States struck down DOMA for violating the Fifth Amendment to the United States Constitution in the landmark civil rights case of United States v. Windsor, leading to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. In June 2015, the Supreme Court ruled in the landmark civil rights case of Obergefell v. Hodges that the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. On December 13, 2022, DOMA was repealed and replaced by the Respect for Marriage Act, which recognizes and protects same-sex and interracial marriages under federal law and in interstate relations.

Gallup found that nationwide public support for same-sex marriage reached 50% in 2011,[6] 60% in 2015,[7] and 70% in 2021.[8] In the 2020 United States census, same-sex married couples accounted for 0.5% of all U.S. households while unmarried same-sex couples accounted for 0.4% of all U.S. households.[9]

A study of nationwide data from January 1999 to December 2015 revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among teens, with the effect being concentrated among teens of a minority sexual orientation, resulting in approximately 134,000 fewer teens attempting suicide each year in the United States.

History edit

Main article: History of same-sex marriage in the United States
For a chronological guide, see Timeline of same-sex marriage in the United States.
 
A newlywed same-sex couple celebrate their marriage in New Orleans in 2017.

The history of same-sex marriage in the United States dates from the early 1970s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention, though they proved unsuccessful.[10] The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act (DOMA).

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

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

The June 2013 decision of the U.S. Supreme Court in United States v. Windsor striking down the law barring federal recognition of same-sex marriage gave significant impetus to the progress of lawsuits that challenged state bans on same-sex marriage in federal court.[11] Since that decision, with only a few exceptions, U.S. District Courts and Courts of Appeals have found state bans on same-sex marriage unconstitutional, as have several state courts. The exceptions have been a state court in Tennessee, U.S. district courts in Louisiana and Puerto Rico, and the U.S. Court of Appeals for the Sixth Circuit. The U.S. Supreme Court agreed to hear appeals from that circuit's decision.

On June 26, 2015, the U.S. Supreme Court struck down all state bans on same-sex marriage, legalized it in all fifty states, and required states to honor out-of-state same-sex marriage licenses in the case Obergefell v. Hodges.[12] The United States was the seventeenth country in the world and the second in North America after Canada, to allow same-sex couples to marry nationwide.[13]

Legal issues edit

See also: Same-sex marriage legislation in the United States
 
The wedding of a same-sex couple being performed in San Francisco City Hall in June 2008.

The legal issues surrounding same-sex marriage in the United States are determined by the nation's federal system of government, in which the status of a person, including marital status, is determined in large measure by the individual states. Prior to 1996, the federal government did not define marriage; any marriage recognized by a state was recognized, even if that marriage was not recognized by one or more states, as was the case until 1967 with interracial marriage, which some states banned by statute.

Prior to 2004, same-sex marriage was not performed or recognized in any U.S. jurisdiction, but subsequently began to be performed and recognized by law in different jurisdictions through legislation, court rulings,[14] tribal council rulings,[15] and popular referendums.[16][17][18]

The Supreme Court's ruling in Obergefell v. Hodges ended all inter-state legal complications surrounding same-sex marriage, as it orders states to both perform the marriages of same-sex couples and to recognize the marriages of same-sex couples performed in other states.[19]

Federal law edit

 
Status of same-sex marriage in the United States
  Performed and recognized
  Recognized when performed elsewhere
  Recognized by state and federal governments, but not by tribal government
  (mixed jurisdiction; not performed by tribal government)
  (mixed jurisdiction; not performed or recognized by tribal government)

According to the Government Accountability Office (GAO) in 2004, 1,138 federal rights and protections are conferred to U.S. citizens upon marriage; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration law.[20]

Since July 9, 2015, married same-sex couples throughout the United States have had equal access to all the federal benefits that married opposite-sex couples have.[21]

The Defense of Marriage Act (DOMA) was enacted in 1996. DOMA's Section 2 says that no state needs to recognize the legal validity of a same-sex relationship even if recognized as marriage by another state. It purports to relieve a state of its reciprocal obligation to honor the laws of other states as required by the Constitution's Full Faith and Credit Clause.[22] Even before DOMA, however, states sometimes refused to recognize a marriage from another jurisdiction if it was counter to its "strongly held public policies".[23] Most lawsuits that sought to require a state to recognize a marriage established in another jurisdiction argue on the basis of equal protection and due process, not the Full Faith and Credit Clause.[a]

DOMA's Section 3 defined marriage for the purposes of federal law as a union of one man and one woman.[26] It was challenged in the federal courts. 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 is unconstitutional under the Equal Protection Clause of the U.S. Constitution.[27] Beginning in 2010, eight federal courts found DOMA Section 3 unconstitutional in cases involving bankruptcy, public employee benefits, estate taxes, and immigration.[28][29][30] On October 18, 2012, the Second Circuit Court of Appeals became the first court to hold sexual orientation to be a quasi-suspect classification and applied intermediate scrutiny to strike down Section 3 of DOMA as unconstitutional in Windsor v. United States.[31] The U.S. Supreme Court ruled in Windsor on June 26, 2013, that Section 3 violated the Fifth Amendment.[32][b]

As a result of the Windsor decision, married same-sex couples—regardless of domicile—have federal tax benefits (including the ability to file joint federal income tax returns), military benefits, federal employment benefits, and immigration benefits.[33][34][35][36] In February 2014, the Justice Department expanded federal recognition of same-sex marriages to include bankruptcies, prison visits, survivor benefits and refusing to testify against a spouse.[37] Likewise in June 2014, family medical leave benefits under the Family Medical Leave Act 1975 were extended to married same-sex couples.[38] With respect to social security and veterans benefits, same-sex married couples are eligible for full benefits from the Veterans Affairs (VA) and the Social Security Administration (SSA). Prior to the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, the VA and SSA could provide only limited benefits to married same-sex couples living in states where same-sex marriage was not legal.[39][40] Effective March 27, 2015, the definition of spouse under the Family and Medical Leave Act of 1993 includes employees in a same-sex marriage regardless of state of residence.[41][42] Following the Obergefell decision, the Justice Department extended all federal marriage benefits to married same-sex couples nationwide.[21]

The federal government recognizes the marriages of same-sex couples who married in certain states in which same-sex marriage was legal for brief periods between the time a court order allowed such couples to marry and that court order was stayed, including Michigan. It also recognized marriages performed in Utah from December 20, 2013, to January 6, 2014, even while the state didn't. Under similar circumstances, it never took a position on Indiana or Wisconsin's marriages performed in brief periods, though it did recognize them once the respective states announced they would do so. It had not taken a position with respect to similar marriages in Arkansas prior to the Obergefell decision legalizing and recognizing same-sex marriages in all fifty states.[43] The State Marriage Defense Act was proposed in Congress to force the federal government to follow individual state laws regarding same-sex marriage although it never passed either chamber.[44]

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 restrict marriage to heterosexual unions. In 2006, the Federal Marriage Amendment, which would have prohibited states from recognizing same-sex marriages, was approved by the Senate Judiciary Committee on a party-line vote and was debated by the full Senate, but was ultimately defeated in both houses of Congress.[45] On April 2, 2014, the Alabama House of Representatives adopted a resolution calling for a constitutional convention to propose an amendment to ban same-sex marriage nationwide.[46]

In 2022, Justice Clarence Thomas named Obergefell v. Hodges as a case that should be revisited in his concurrence of Dobbs v. Jackson Women's Health Organization, which had overturned Roe v. Wade and Planned Parenthood v. Casey on the basis that abortion protection was not a "deeply rooted" right in the Constitution. To prevent the loss of the right to same-sex marriage, the House of Representatives passed the Respect for Marriage Act which would nullify DOMA and protect both same-sex and interracial marriages. In July, the bill passed 267–157, with 47 Republican representatives joining the Democrats.[47] In December, the Senate passed the bill 61–36, and the House again voted 258–169 to pass it.[48] President Joe Biden signed it into law on December 13, 2022.[49]

State and territorial recognition edit

Further information: Same-sex marriage law in the United States by state

Same-sex marriages are licensed in and recognized by all U.S. states and the District of Columbia, as well as all U.S. territories except American Samoa.[50] However, under the Respect for Marriage Act, American Samoa must recognize all marriages between two people that were legally performed in another jurisdiction.

On January 6, 2016, Alabama's Chief Justice, Roy Moore, issued a ruling forbidding state officials from issuing marriage licenses to same-sex couples.[51] The ruling had no effect as all Alabama counties continued either issuing marriage licenses to all couples or not issuing licenses at all. In May 2016, Moore was charged with ethics violations by the state Judicial Inquiry Commission for the ruling,[52] subsequently being suspended from the bench for the remainder of his term on September 30 of that year.[53]

Counties not issuing marriage licenses edit

As of 2020, there are apparently no counties in the United States that do not (or would not) register the marriages of same-sex couple.

  • Officials of one Texas county, Irion, issued marriage licenses, but claimed they would refuse same-sex couples.[54] Starting in 2017, they refused to comment on what they would do if a same-sex couple were to apply for license.[55] However, as of March 2020, the Irion County clerk stated she would issue marriage licenses to same-sex couples and the form available on the office's website was not gender specific and stated no restrictions as to the genders of the applicants.[56]
  • Officials in several Alabama counties initially stopped issuing any marriage licenses rather than issue them to same-sex couples. By 2017, the number of counties doing this to avoid issuing them to same-sex couples dropped to eight.[57][58] This was in accordance with a state law, which was passed in 1961 to preserve racial segregation by making it optional for county clerks to issue marriage licenses.[59] The Alabama Legislature passed a bill replacing marriage licenses with marriage certificates in May 2019.[60] These final eight counties resumed allowing couples to marry on August 29, 2019.
  • Several Kentucky counties initially refused to marry same-sex couples. In response, Kentucky reformed its marriage license forms and removed the name of the county clerk from the licenses. As of June 2016, Chris Hartmann, director of the Kentucky-based Fairness Campaign, said that to his knowledge "there are no counties where marriage licenses are being denied" in his state.[61]

Parental rights edit

Main article: LGBT adoption in the United States

Post-Obergefell, six states have, on occasion, attempted to deny same-sex couples full adoption rights to varying degrees. In Arkansas, Florida, Indiana, and Wisconsin, same-sex couples have been met with rejection when trying to get both parents' names listed on the birth certificate. In V.L. v. E.L., Alabama's highest court attempted to void an adoption decree obtained by a same-sex couple in Georgia, but the U.S. Supreme Court reversed, restoring joint custody to the adoptive mother on March 7, 2016. Mississippi had once banned same-sex couples from adopting, but the law requiring this was ruled unconstitutional by the United States District Court for the Southern District of Mississippi on March 31, 2016. With that ruling, adoption by same-sex couples became legal in all fifty states.[62][63]

On June 26, 2017, the Supreme Court ruled by a 6–3 vote in the case of Pavan v. Smith that under their decision in Obergefell, same-sex couples must be treated equally to opposite-sex couples in the issuance of birth certificates. In December 2016, the Supreme Court of Arkansas upheld a state law only allowing opposite-sex couples to be automatically listed as parents on their children's birth certificates, while prohibiting same-sex couples from being allowed the same on an equal basis. The Supreme Court summarily reversed the Arkansas Supreme Court, finding that the disparity in treatment violated their decision in Obergefell.[64]

Tribal law edit

Main article: Same-sex marriage in tribal nations in the United States

The Supreme Court decision legalizing same-sex marriage in the states and territories did not legalize same-sex marriage in Native American tribal nations. In the United States, Congress (not the federal courts) has legal authority over Native reservations. Thus, unless Congress passes a law regarding same-sex marriage on such reservations, federally recognized Native American tribes have the legal right to form their own marriage laws.[65] As of the time of the Obergefell ruling, 25 tribal nations legally recognized same-sex marriage. Some tribes have passed legislation specifically addressing same-sex relationships and some specify that state law and jurisdiction govern tribal marriages. As of April 2022, same-sex marriage is legally recognized in at least 47 tribal nations.[66]

Local laws prior to Obergefell v. Hodges edit

 
State laws regarding same-sex marriage in the United States prior to Obergefell v. Hodges1
  Same-sex marriage legal
  Same-sex marriage ban overturned, decision stayed indefinitely
  Same-sex marriage banned where federal circuit court has found similar bans unconstitutional
  Same-sex marriage banned
  Same-sex marriage legality complicated
1 Native American tribal nations have laws pertaining to same-sex marriage independent of state law. The federal government recognizes same-sex marriages, regardless of the current state of residence.

Prior to Obergefell, same-sex marriage was legal to at least some degree in thirty-eight states, one territory (Guam) and the District of Columbia; of the states, Missouri, Kansas, and Alabama had restrictions. Until United States v. Windsor, it was only legal in 12 states and the District of Columbia. Beginning in July 2013, over forty federal and state courts cited Windsor to strike down state bans on the licensing or recognition of same-sex marriage. Missouri recognized same-sex marriages from out of state and same-sex marriages licensed by the City of St. Louis under two separate state court orders; two other jurisdictions issued such licenses as well. In Kansas, marriage licenses were available to same-sex couples in most counties, but the state did not recognize their validity. Some counties in Alabama issued marriage licenses to same-sex couples for three weeks until the state Supreme Court ordered probate judges to stop doing so. That court's ruling did not address the recognition of same-sex marriages already licensed in Alabama, but referred to them as "purported 'marriage licenses'".[67] In two additional states, same-sex marriages were previously legal between the time their bans were struck down and then stayed. Michigan recognized the validity of more than 300 marriage licenses issued to same-sex couples and those marriages. Arkansas recognized the more than 500 marriage licenses issued to same-sex couples there,[68] and the Federal Government had not taken a position on Arkansas's marriage licenses.

States and territories with same-sex marriage before Obergefell v. Hodges
State or territory Population[69] Date of Enactment/Ruling Date Effective Legalization method Details
  Alaska 736,732 October 12, 2014 October 17, 2014 Federal court decision U.S. District Court for the District of Alaska ruling in Hamby v. Parnell.[70]
  Arizona 6,731,484 October 17, 2014 October 17, 2014 Federal court decision U.S. District Court for the District of Arizona ruling in Connolly v. Jeanes and in Majors v. Horne.[71]
  California 38,802,500 May 15, 2008 June 16, 2008 State court decision → overturned by constitutional ban California Supreme Court ruling in In re Marriage Cases. Ceased via state constitutional amendment after Proposition 8 passed on November 5, 2008.
August 4, 2010 June 28, 2013 Federal court decision → legislative statute U.S. District Court for the Northern District of California ruling in Perry v. Schwarzenegger, finding Proposition 8 unconstitutional. Stayed during appeal, affirmed by the Ninth Circuit Court of Appeals as Perry v. Brown. Certiorari granted and appealed as Hollingsworth v. Perry to the U.S. Supreme Court; the high court dismissed Hollingsworth for lack of standing and vacated the Ninth Circuit decision below, resulting with the original decision in Perry left intact.[72] Gender-neutral marriage bill passed by the California State Legislature and signed into law by the Governor of California took effect on January 1, 2015.[73]
  Colorado 5,355,866 July 9, 2014 October 7, 2014 State court decision Colorado district court ruling in Brinkman v. Long
July 23, 2014 Federal court decision U.S. District Court for the District of Colorado ruling in Burns v. Hickenlooper
  Connecticut 3,596,677 October 10, 2008 November 12, 2008 State court decision → legislative statute Connecticut Supreme Court ruling in Kerrigan v. Commissioner of Public Health; incorporated into state statutes in April 2009.
  Delaware 935,614 May 7, 2013 July 1, 2013 Legislative statute Passed by the Delaware General Assembly and signed into law by the Governor of Delaware.
  District of Columbia 658,893 December 18, 2009 March 9, 2010 Legislative statute Passed by the Council of the District of Columbia.
  Florida 19,893,297 August 21, 2014 January 6, 2015 Federal court decision U.S. District Court for the Northern District of Florida ruling in Brenner v. Scott.
  Guam 165,124 (not included in population total) June 5, 2015 June 9, 2015 Binding federal court precedent → actions of territorial officials → federal court decision → legislative statute Attorney General Elizabeth Barrett-Anderson deferred to the controlling precedent set by the Ninth Circuit Court of Appeals in Latta v. Otter, ordering that marriage licenses for same-sex couples be processed immediately beginning on April 15, 2015.[74] District Court of Guam ruling in Aguero v. Calvo upholding the earlier decision by the Ninth Circuit.[75] Marriage Equality Act, incorporating the decision, passed by the Guam Legislature went into effect on August 27, 2015.[76]
  Hawaii 1,419,561 November 13, 2013 December 2, 2013 Legislative statute Hawaii Marriage Equality Act passed by the Hawaii State Legislature and signed into law by the Governor of Hawaii.
  Idaho 1,634,464 October 7, 2014 October 15, 2014 Federal court decision U.S. District Court for the District of Idaho ruling in Latta v. Otter,[77] upheld by the Ninth Circuit.[78]
  Illinois 12,880,580 November 20, 2013 June 1, 2014 Legislative statute Passed by the Illinois General Assembly and signed into law by the Governor of Illinois.
  Indiana 6,596,855 September 4, 2014 October 6, 2014 Federal court decision U.S. District Court for the Southern District of Indiana ruling in Baskin v. Bogan. The Seventh Circuit Court of Appeals affirmed the district court's ruling.[79]
  Iowa 3,107,126 April 3, 2009 April 27, 2009 State court decision Iowa Supreme Court ruling in Varnum v. Brien. One same-sex couple obtained a marriage licensed and married before initial ruling was stayed.[80]
  Maine 1,330,089 November 6, 2012 December 29, 2012 Initiative statute Proposed by initiative as referendum Question 1, approved.
  Maryland 5,976,407 November 6, 2012 January 1, 2013 Legislative statute → referendum Civil Marriage Protection Act passed by the Maryland General Assembly; petitioned to referendum Question 6, upheld.
  Massachusetts 6,745,408 November 18, 2003 May 17, 2004 State court decision Massachusetts Supreme Judicial Court ruling in Goodridge v. Department of Public Health.
  Minnesota 5,457,173 May 14, 2013 August 1, 2013 Legislative statute Passed by the Minnesota Legislature and signed into law by the Governor of Minnesota.
  Montana 1,023,579 November 19, 2014 November 19, 2014 Federal court decision U.S. District Court for the District of Montana ruling in Rolando v. Fox.[81]
  Nevada 2,839,099 October 7, 2014 October 9, 2014 Federal court decision → legislative statute Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. The Ninth Circuit Court of Appeals overturned the U.S. District Court for the District of Nevada's ruling.[82] Gender-neutral marriage bill passed by the Nevada Legislature and signed into law by the Governor of Nevada went into effect on July 1, 2017.[83][84]
  New Hampshire 1,326,813 June 3, 2009 January 1, 2010 Legislative statute Passed by the New Hampshire General Court and signed into law by the Governor of New Hampshire.
  New Jersey 8,938,175 September 27, 2013 October 21, 2013 State court decision New Jersey Superior Court ruling in Garden State Equality v. Dow.
  New Mexico 2,085,572 December 19, 2013 December 19, 2013 State court decision → legislative statute New Mexico Supreme Court ruling in Griego v. Oliver. Gender-neutral marriage bill passed by the New Mexico Legislature and signed into law by the Governor of New Mexico went into effect on July 1, 2019.[85]
  New York 19,746,227 June 24, 2011 July 24, 2011 Legislative statute Marriage Equality Act passed by the New York State Legislature and signed into law by the Governor of New York.
  North Carolina 9,943,964 October 10, 2014 October 10, 2014 Federal court decision U.S. District Court for the Western District of North Carolina ruling in General Synod of the United Church of Christ v. Cooper.[86]
  Oklahoma 3,878,051 July 18, 2014 October 6, 2014 Federal court decision U.S. District Court for the Northern District of Oklahoma ruling in Bishop v. Oklahoma. The Tenth Circuit affirmed the ruling in Bishop v. Smith.[87]
  Oregon 3,970,239 May 19, 2014 May 19, 2014 Federal court decision → legislative statute U.S. District Court for the District of Oregon ruling in Geiger v. Kitzhaber. Gender-neutral marriage bill passed by the Oregon Legislature and signed into law by the Governor of Oregon went into effect on January 1, 2016.[88]
  Pennsylvania 12,787,209 May 20, 2014 May 20, 2014 Federal court decision U.S. District Court for the Middle District of Pennsylvania ruling in Whitewood v. Wolf.
  Rhode Island 1,055,173 May 2, 2013 August 1, 2013 Legislative statute Passed by the Rhode Island General Assembly and signed into law by the Governor of Rhode Island.
  South Carolina 4,832,482 November 12, 2014 November 20, 2014 Federal court decision U.S. District Court for the District of South Carolina ruling in Condon v. Haley.[89]
  Utah 2,942,902 June 25, 2014 October 6, 2014 Federal court decision U.S. District Court for the District of Utah ruling in Kitchen v. Herbert. Marriages licensed between December 20, 2013, and January 6, 2014. The Tenth Circuit Court of Appeals affirmed the district court ruling in Kitchen v. Herbert.
  Vermont 626,562 April 7, 2009 September 1, 2009 Legislative statute Passed by the Vermont General Assembly, overriding Governor Jim Douglas' veto.
  Virginia 8,326,289 July 28, 2014 October 6, 2014 Federal court decision → Legislative statute U.S. District Court for the Eastern District of Virginia ruling in Bostic v. Rainey.[90] The Fourth Circuit Court of Appeals affirmed the U.S. district court ruling in Bostic v. Schaefer.[91] Bill repealing the ban on same-sex marriage and civil unions passed by the Virginia General Assembly and signed into law by the Governor of Virginia will take effect on July 1, 2020.[92]
  Washington 7,061,530 November 6, 2012 December 6, 2012 Legislative statute → referendum Passed by the Washington State Legislature; suspended by petition and referred to Referendum 74, approved.
  West Virginia 1,850,326 October 9, 2014 October 9, 2014 Binding federal court precedent → actions of state officials → federal court decision Governor Earl Ray Tomblin and state Attorney General Patrick Morrisey, recognizing the precedent established by the Fourth Circuit ruling in Bostic v. Schaefer, dropped their defense of the state's same-sex marriage ban.[93] The U.S. District Court for the Southern District of West Virginia in McGee v. Cole overturned West Virginia's statutory ban on same-sex marriage on November 7, 2014.[94]
  Wisconsin 5,757,564 September 4, 2014 October 6, 2014 Federal court decision U.S. District Court for the Western District of Wisconsin ruling in Wolf v. Walker. The Seventh Circuit Court of Appeals affirmed the district court's ruling.[95]
  Wyoming 584,153 October 17, 2014 October 21, 2014 Federal court decision U.S. District Court for the District of Wyoming ruling in Guzzo v. Mead.[96]
Total 221,434,635 (69.4% of the U.S. population)

Note: This table shows only states that licensed and recognized same-sex marriages or had legalized them, before Obergefell v. Hodges. It does not include states that recognized same-sex marriages from other jurisdictions but did not license them.

Debate edit

Support edit

 
2011 protest in New Jersey by Garden State Equality in support of same-sex marriage and against deportation of LGBT spouses.

In the United States and Canada, professional organizations including the American Anthropological Association, the American Counseling Association, the American Academy of Pediatrics, the American Medical Association, the American Academy of Nursing, the American Psychological Association, the American Psychiatric Association, the Canadian Psychological Association, the American Sociological Association, the National Association of Social Workers, the American Psychoanalytic Association, the American Association for Marriage and Family Therapy, and the American Academy of Family Physicians have stated that the scientific evidence supports the following conclusions: homosexuality is a natural and normal human sexuality, sexual orientation is not a choice, gay people form stable and committed relationships that are essentially equivalent to the relationships of heterosexuals, same-sex parents are no less capable than opposite-sex parents to raise children, no civilization or viable social order depends on restricting marriage to heterosexuals, and the children of same-sex couples fare just as well or even better than the children of opposite-sex couples.[97]

Prominent figures in the civil rights movement have expressed their support for same-sex marriage. In 2004, Coretta Scott King, a leader of the civil rights movement and the widow of Martin Luther King Jr., expressed her support for same-sex marriage and publicly denounced attempts to define marriage as the "union of a man and a woman" as a form of "gay bashing".[98] In 2007, Mildred Loving, the joint plaintiff alongside her husband Richard Loving in the landmark civil rights case of Loving v. Virginia in 1967, in which the Supreme Court of the United States struck down all state bans on inter-racial marriage, issued a statement on the 40th anniversary of the ruling in which she expressed her support for same-sex marriage and described it as a civil right akin to inter-racial marriage, stating that "I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry".[99] In 2009, Julian Bond, a leader of the civil rights movement and a chairman of the NAACP, expressed his support for same-sex marriage and stated that "gay rights are civil rights".[100] In 2015, John Lewis, a leader of the civil rights movement and a chairman of the SNCC, welcomed the outcome of the landmark civil rights case of Obergefell v. Hodges in which the Supreme Court of the United States struck down all state bans on same-sex marriage, stating that "races don't fall in love, genders don't fall in love—people fall in love".[101]

The NAACP, the leading African-American civil rights organization, has pledged its support for gay rights and same-sex marriage, stating that they "support marriage equality consistent with equal protection under the law provided under the Fourteenth Amendment of the United States Constitution", and has declared that same-sex marriage is a civil right.[5]

The Human Rights Campaign, the largest LGBT rights organization in the United States, states that "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."[102]

Journalist Gail Mathabane likens prohibitions on same-sex marriage to past prohibitions on interracial marriage in the United States.[103] Author Fernando Espuelas argues that same-sex marriage should be allowed because it recognizes the civil right of a minority.[104] Historian Nancy Cott rejects alternatives to same-sex marriage (such as civil unions), reasoning that "there really is no comparison, because there is nothing that is like marriage except marriage."[105]

Role of social media edit

Supporters of same-sex marriage successfully utilized social media websites such as Facebook to help achieve their aims.[106] Some have argued that the successful use of social media by LGBT rights organizations played a key role in the defeat of religion-based opposition.[107]

One of the largest scale uses of social media to mobilize support for same-sex marriage preceded and coincided with the arrival at the U.S. Supreme Court of high-profile legal cases for Proposition 8 and DOMA in March 2013. The "red equal sign" project started by the Human Rights Campaign was an electronic campaign primarily based on Facebook that encouraged users to change their profile images to a red equal sign to express support for same-sex marriage.[108] At the time of the court hearings, an estimated 2.5 million Facebook users changed their profile images to a red equal sign.[109]

Opposition edit

Opposition to same-sex marriage is based on claims such as the beliefs that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples.[110] While some researchers question the definitiveness of the evidence,[111] others assert that science has shown that homosexuality is a natural and normal human sexuality, that sexual orientation cannot be chosen, and that the children of same-sex couples fare just as well or even better than the children of opposite-sex couples.[97]

Others argue that the word "marriage" has always had a very specific meaning, i.e. the union of a man and a woman. By this argument, calling same-sex unions "marriages" is not a question of law but an example of Newspeak: same-sex unions are an inherently different entity than a marriage, and that entity has only gained legitimacy through Orwellian brainwashing.[112] Critics of this position counter that historical changes in marriage traditions negate any fixed definition, so the word "marriage" can be infinitely redefined according to the needs of the culture.[113]

Some of the opponents of same-sex marriage are religious groups such as the Catholic Church and the Southern Baptist Convention which desire for marriage to remain restricted to opposite-sex marriages.[114] However, there are faith-based supporters of same-sex marriage, and homosexual people of faith, within every faith group.[115] The Church of Jesus Christ of Latter-day Saints opposed the legalization of same-sex marriage[116] but in 2022, endorsed a federal bill[117] requiring states and territories to honor same-sex marriages solemnized in other states (though it reiterated that church doctrine would not change).[118]

Political donations in opposition of same-sex marriage have been an issue of great dispute. Both judges and the IRS have ruled that it is either questionable or illegal for campaign contributions to be shielded by anonymity.[119][120][121]

Politicians and media figures edit

 
President Barack Obama interviewed by Robin Roberts of ABC's Good Morning America, at the White House, May 9, 2012.
 
The White House, illuminated in rainbow colors, on the evening of the Obergefell ruling, June 26, 2015.

President Barack Obama's views on same-sex marriage varied over the course of his political career and became more consistently supportive of it over time. In the 1990s, he had supported same-sex marriage while campaigning for the Illinois Senate.[122][123] During the 2008 presidential campaign, he was opposed to same-sex marriage,[124] but he also opposed the 2008 California referendum that aimed at reversing a court ruling establishing same-sex marriage there.[125] In 2009, he opposed two opposing federal legislative proposals that would have banned or established same-sex marriage nationally, stating that each state had to decide the issue.[126][127] In December 2010, he expressed support for civil unions with rights equivalent to marriage and for federal recognition of same-sex relationships. He opposed a federal constitutional amendment to ban same-sex marriage.[128] He also stated that his position on same-sex marriage was "evolving" and that he recognized that civil unions from the perspective of same-sex couples was "not enough".[129] On May 9, 2012, President Obama became the first sitting president to support same-sex marriage. He still said the legal question belonged to the states.[130] In October 2014, Obama told an interviewer that his view had changed:

Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all fifty states. But, as you know, courts have always been strategic. There have been times where the stars were aligned and the Court, like a thunderbolt, issues a ruling like Brown v. Board of Education, but that's pretty rare. And, given the direction of society, for the Court to have allowed the process to play out the way it has may make the shift less controversial and more lasting.[131]

— President Barack Obama, on the matter of same-sex marriage as a constitutional question

Shortly after winning the 2016 election, President Donald Trump said he's "fine" with same-sex marriage and believes it to be settled law: "It's law. It was settled in the Supreme Court. I mean, it's done."[132] This somewhat contrasted with a previous statement he made in June 2015, after Obergefell v. Hodges, in which he said he's personally for "traditional marriage" and that he believed same-sex marriage should be left to the states.[133] In that same statement, however, Trump admitted that overturning Obergefell is not realistic. Several of his federal appointments have also, subsequently, announced they will uphold same-sex marriage and enforce the Supreme Court ruling, while still being personally against same-sex marriage,[134] namely Attorney General Jeff Sessions and Secretary of Education Betsy DeVos.[135]

Former presidents Bill Clinton,[136] Jimmy Carter,[137] and Barack Obama, former vice presidents Dick Cheney,[138] Al Gore,[139] Walter Mondale,[140] and Joe Biden have voiced their support for same-sex marriage, as have former first ladies Laura Bush,[141] Hillary Clinton,[142] Michelle Obama,[143] and Nancy Reagan.[144] Former President George H. W. Bush and his wife former First Lady Barbara Bush served as witnesses to a same-sex wedding, but neither publicly affirmed support for same-sex marriage in general;[145] George W. Bush reportedly offered to officiate the same wedding,[146] but has similarly not made a public statement regarding his position on the issue (as president, he was opposed). Fifteen U.S. senators announced their support in the spring of 2013.[147] By April 2013, a majority of the Senate had expressed support for same-sex marriage.[148] Senator Rob Portman of Ohio became the first sitting Republican senator to endorse same-sex marriage in March 2013,[149] followed by Senator Mark Kirk of Illinois in April,[150] Senator Lisa Murkowski of Alaska in June,[151] and Senator Susan Collins of Maine a year later.[152]

Politicians who have notably opposed same-sex marriage have included Rick Santorum, Mike Huckabee, and Sarah Palin.

Prominent politicians who have shifted from opposing to supporting same-sex marriage include Republican Senator Rob Portman, and Republican Representative Bob Barr (the author of the 1996 Defense of Marriage Act).

In an interview on The O'Reilly Factor in August 2010, when Glenn 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?'"[153][154]

Studies edit

The overall effects of legal access to same-sex marriage have been summarized by Badgett and co-authors. [155] The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On the health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples in the US, and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities.

Adolescent attempted suicide edit

The establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among teenagers, with the effect being concentrated among teens of a minority sexual orientation. A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among all students in grades 9–12 declined by 7% and the rate of attempted suicide among those of a minority sexual orientation in grades 9–12 declined by 14% in states which established same-sex marriage, resulting in approximately 134,000 fewer teens attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (expanding from one state in 2004 to all fifty states in 2015) to compare the rate of attempted suicide among teens in each state over the time period studied. Once same-sex marriage was established in a particular state, the reduction in the rate of attempted suicide among teens in that state became permanent. No reduction in the rate of attempted suicide among teens occurred in a particular state until that state recognized same-sex marriage. The lead researcher of the study observed that "laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future".[156][157][158][159][160]

Economic impact on same-sex couples edit

Until the Supreme Court's June 2013 ruling in United States v. Windsor required the Federal Government to treat lawfully married same-sex couples on an equal basis with lawfully married opposite-sex couples, same-sex married couples faced severe disadvantages. The Federal Government did not recognize those marriages for any purpose. According to a 1997 General Accounting Office study, at least 1,049 U.S. federal laws and regulations include references to marital status.[161] A 2004 study by the Congressional Budget Office found 1,138 statutory provisions "in which marital status is a factor in determining or receiving 'benefits, rights, and privileges.'"[162] Many of these laws govern property rights, benefits, and taxation. Same-sex couples whose marriages were not recognized by the Federal Government were ineligible for spousal and survivor Social Security benefits and were ineligible for the benefits of the spouse of a federal government employee.[162] One study found that the difference in Social Security income for same-sex couples compared to opposite-sex married couples was US$5,588 per year.[163]

Compared to similarly situated opposite-sex married couples, same-sex couples faced the following financial and legal disadvantages:

  • Legal costs associated with obtaining domestic partner documents to gain legal abilities granted automatically by legal marriage, including power of attorney, health care decision-making, and inheritance[163]
  • A person can inherit an unlimited amount from a deceased spouse without incurring an estate tax, but was subject to taxes if inheriting from a same-sex partner[162]
  • Same-sex couples were not eligible to file jointly as a married couple and thus could not take the advantages of lower tax rates when the individual income of the partners differs significantly[162][c]
  • Employer-provided health insurance coverage for a same-sex partner incurred federal income tax[162]
  • Higher health costs associated with lack of insurance and preventive care: 20% of same-sex couples had a member who was uninsured compared to 10% of married opposite-sex couples[163]
  • Inability to protect jointly owned home from loss due to costs of potential medical catastrophe[163]
  • Inability of a U.S. citizen to sponsor a same-sex spouse for citizenship[163]

Some 7,400 companies were offering spousal benefits to same-sex couples as of 2008. In states that recognized same-sex marriages, same-sex couples could continue to receive those same benefits only if they married.[165] Only 18% of private employers offered domestic partner health care benefits.[163]

Same-sex couples face the same financial constraints of legal marriage as opposite-sex married couples, including the marriage penalty in taxation.[162] 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.[162]

A 2019 study found an increase in employment among same-sex couples after the legalization of same-sex marriage. The author of the study provided additional evidence suggesting that this change in employment was driven by a decline in discrimination.[166]

Economic impact on the state and federal governments edit

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.[162]

According to a study published in May 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, the legalization of same-sex marriage boosted state and local economies by an estimated 3.8 billion dollars. The Williams Institute estimated that the 300,000 same-sex couples who married in the U.S. since 2015 generated about $3.2 billion for local and state economies. In addition, traveling wedding guests spent an additional $544 million, and about 45,000 jobs were supported by same-sex weddings. $244 million was generated in state and local taxes.[167][168]

Mental health edit

Based in part on research that has been conducted on the adverse effects of stigmatization of gays and lesbians, 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.[169]

Several psychological studies have shown that an increase in exposure to negative conversations, media messages, and negative reactions among peers about same-sex marriage creates a harmful environment for LGBT people that may affect their health and well-being, especially among its younger members.[170][171][172]

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.[173]

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. 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.[174]

At the Perry v. Schwarzenegger trial, expert witness Ilan Meyer testified that the mental health outcomes for gays and lesbians would improve if laws such as Proposition 8 did not exist because "when people are exposed to more stress...they are more likely to get sick..." and that particular situation is consistent with laws that say to gay people "you are not welcome here, your relationships are not valued." Such laws have "significant power", he said.[175]

Physical health edit

In 2009, a pair of economists at Emory University tied the passage of state bans on same-sex marriage in the US to an increase in the rates of HIV/AIDS infection.[176][177] 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.

A study by the Columbia Mailman School of Public Health found that gay men in Massachusetts visited health clinics significantly less often following the legalization of same-sex marriage in that state.[178]

In popular culture edit

The Fox sitcom Roc was the first sitcom to feature a same-sex marriage in 1991.[179] Since then, several shows and series have featured same-sex marriages, including amongst others Married...with Children, Roseanne ("December Bride"), Glee, Friends ("The One with the Lesbian Wedding"), Brooklyn Nine-Nine, Modern Family, The Simpsons ("There's Something About Marrying"), The Ellen DeGeneres Show, Brothers & Sisters, Grey's Anatomy, Will & Grace, Conan, Steven Universe, Shameless, The Fosters, etc.[180][181]

The 22nd season premier of the PBS animated-show Arthur featured the marriage of teacher Mr. Ratburn and his male partner.[182] Alabama's public television channel refused to air the episode.[183]

Marriage statistics edit

There is no complete data on the number of same-sex marriages conducted in the United States. Marriages and divorces are recorded by states, counties, and territories, plus New York City and the District of Columbia, but not by the Federal Government. States such as Oregon do not distinguish between opposite-sex and same-sex marriages in their official records. The legal records on marriage and divorce belong to the states.[184] In August 2016, the Treasury Department estimated the number of same-sex marriages by linking the tax returns of same-sex couples who had filed jointly in 2014 with their Social Security records. (Although this method excluded couples who file singly, these are small in number; of all married couples who file taxes, 97.5% file jointly.) This research showed that in 2014 there were about 183,280 married same-sex couples in the country, or "roughly a third of 1 percent of all marriages" according to The New York Times.[185] Numbers from 2015 showed a large increase to 250,450 marriages.[186] According to Census Bureau data, heterosexual marriages still accounted for about 98 percent of marriages for people under 35 in 2021.[187] According to the statistics, female couples were four times more likely to have children than male couples. Additionally, male couples earned a pretax average of $165,960 per year, while lesbian couples earned $118,415 and straight couples earned $115,210. The highest rates of female same-sex marriage were found in Oakland (2.1% of all marriages), Seattle, San Francisco, Springfield (MA) and Portland (OR), whereas gay male marriages were most frequent in San Francisco (3.2%), Washington D.C., New York City, Seattle and Fort Lauderdale.[186]

The United States Census Bureau has collected data on unmarried same-sex households since 2005. Since 2013 following United States v. Windsor, the Bureau began recording married same-sex households in its Same-Sex Couples report. It recorded about 252,000 same-sex spouses in 2013; 335,000 in 2014; 425,000 in 2015; 487,000 in 2016; 555,000 in 2017; 593,000 in 2018. In 2018, the states of California, Texas and New York had the highest total number of same-sex households, whereas Wyoming, Vermont, South Dakota and Connecticut had the most married same-sex households in comparison to unmarried households (92.4% of Wyoming same-sex households were married, followed by Vermont at 79.3%, South Dakota at 77.8% and Connecticut at 70.7%). Nationally, 59.5% of cohabiting same-sex couples were married.[188]

The Population Reference Bureau reported that by October 2015 approximately 486,000 same-sex marriages had taken place in the United States. It estimated that 45% of all same-sex couples in the country were married at that time.[189]

According to Gallup, the percent of cohabiting same-sex couples who are married rose from 38% in 2015 to 49% in 2016 and to 61% in 2017.[190]

Case law edit

See also: Same-sex marriage legislation in the United States § Lawsuits seeking to overturn statutory bans

United States federal and state case law regarding same-sex marriage:

1970s edit

  • Anonymous v. Anonymous, 67 Misc.2d 982 (N.Y. 1971). The law makes no provision for a "marriage" between persons of the same sex.
  • Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971). Upholds a Minnesota law defining marriage as the union of a man and a woman. (Overruled by Obergefell v. Hodges in 2015; see below)
  • Jones v. Hallahan, 501 S.W.2d 588 (Ky. 1973). Upholds the denial of a marriage license to two women in Kentucky based on dictionary definitions of marriage, despite the fact that state statutes do not specify the gender of marriage partners.[191]
  • Frances B. v. Mark B., 78 Misc.2d 112 (1974). Marriage is and always has been a contract between a man and a woman.
  • Singer v. Hara, 522 P.2d 1187 (Wash. Ct. App. 1974). The historical definition of marriage is between one man and one woman, and same-sex couples are inherently ineligible to marry. This ban does not constitute sex discrimination.

1980s edit

  • Adams v. Howerton, 673 F.2d 1036 (9th Cir. 1982), cert. denied, 458 U.S. 1111. A 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 divorce because they cannot form a common law marriage.[192]

1990s edit

  • In re Estate of Cooper, 149 Misc.2d 282 (Sur. Ct. Kings Co. 1990). The state has a compelling interest in fostering the traditional institution of marriage and prohibiting same-sex marriage.
  • Baehr v. Lewin, 852 P.2d 44 (Haw. 1993). A statute limiting marriage to opposite-sex couples violates the Hawaii Constitution's equal protection clause unless the state can show that the statute is both justified by compelling state interests and also narrowly tailored. This ruling prompted the adoption of Hawaii's constitutional amendment allowing the State Legislature to restrict marriage to different-sex couples and the federal Defense of Marriage Act.
  • Dean v. District of Columbia, 653 A.2d 307 (D.C. 1995). DC does not authorise same-sex marriage; denial of a marriage license does not violate the Due Process Clause of the United States Constitution.
  • Storrs v. Holcomb, 645 N.Y.S.2d 286 (App. Div. 1996). New York does not recognize or authorize same-sex marriage. Overturned in part by Martinez v. County of Monroe in 2008.
  • In re Estate of Hall, 707 N.E.2d 201, 206 (Ill. App. Ct. 1998). Illinois does not recognize a same-sex marriage. The petitioner's claim to be in a same-sex marriage was not in a marriage recognized by law.
  • Baker v. Vermont, 170 Vt. 194; 744 A.2d 864 (Vt. 1999). The Common Benefits Clause of the Constitution of Vermont requires that same-sex couples be granted the same legal rights as married persons, though it need not be called marriage.

2000s edit

  • Frandsen v. County of Brevard, 828 So. 2d 757 (Fla. 2001). The Florida Constitution will not be construed to recognize same-sex marriage; sex classifications not subject to strict scrutiny under the Constitution.
  • Burns v. Burns, 560 S.E.2d 47 (Ga. Ct. App. 2002). Marriage is the union of one man and one woman.
  • In re Estate of Gardiner, 42 P.3d 120 (Kan. 2002). A post-operative male-to-female transsexual is not a woman within the meaning of the statutes and cannot validly marry a man.
  • Rosengarten v. Downes, 806 A.2d 1066 (Conn. Ct. App. 2002). Connecticut will not dissolve a Vermont civil union.
  • Standhardt v. Superior Court ex rel. County of Maricopa, 77 P.3d 451 (Ariz. Ct. App. 2003). The Constitution of Arizona does not provide the right to same-sex marriage.
  • Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003). The denial of marriage licenses to same-sex couples violated provisions of the Massachusetts State Constitution guaranteeing individual liberty and equality, and it was not rationally related to a legitimate state interest.
  • Morrison v. Sadler, 821 N.E.2d 15 (Ind. Super. Ct. 2005). Indiana's Defense of Marriage Act is valid.
  • Langan v. St. Vincent's Hospital, 802 N.Y.S.2d 476 (App. Div. 2005). For the purposes of New York's wrongful death statute, the survivor partner from a Vermont civil union lacks standing as a "spouse".
  • Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006). Nebraska's Initiative Measure 416 does not violate the Fourteenth Amendment's Equal Protection Clause, was not a bill of attainder, and does not violate the First Amendment.[193]
  • Lewis v. Harris, 908 A.2d 196 (N.J. 2006). Prohibiting same-sex marriage does not violate the New Jersey Constitution, but the state must extend all the rights and responsibilities of marriage to same-sex couples. The New Jersey Legislature had 180 days to amend the marriage laws or create a "parallel structure".
  • Andersen v. King County, 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). The New York Constitution does not require that marriage rights be extended to same-sex couples.[194]
  • Conaway v. Deane, 932 A.2d 571 (Md. 2007). Upholds a Maryland law defining marriage as the union of a man and a woman.
  • Martinez v. County of Monroe, 850 N.Y.S.2d 740 (App. Div. 2008). Because New York recognizes the marriages of opposite-sex couples from other jurisdictions, it must do the same for same-sex couples.[195]
  • In re Marriage Cases, 183 P.3d 384 (Cal. 2008). Limiting marriage to opposite-sex couples is invalid under the equal protection clause of the California Constitution. Full marriage rights, not merely domestic partnership, must be offered to same-sex couples.[196]
  • Kerrigan v. Commissioner of Public Health, 957 A.2d 407 (Conn. 2008). The availability of civil unions but not marriage to same-sex partners is a violation of the equality and liberty provisions of the Connecticut Constitution.
  • Strauss v. Horton, 207 P.3d 48 (Cal. 2009). Proposition 8 was validly adopted, and marriages contracted before its adoption remain valid.[197]
  • Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). Barring same-sex couples from marriage 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.

2010s edit

Challenges to DOMA Section 3
California Proposition 8
  • Hollingsworth v. Perry (2009–2013). California's Proposition 8, a voter-endorsed constitutional amendment banning same-sex marriage, is found unconstitutional in U.S. district court in Perry v. Schwarzenegger. The proposition's backers appeal to the Ninth Circuit Court of Appeals, which upholds the district court's finding of unconstitutionality in Perry v. Brown. The U.S. Supreme Court ruled that the proposition's backers lacked standing to appeal and left the district court ruling intact.[199]
Same-sex marriage rights
  • Christiansen v. Christiansen. On June 6, 2011, the Supreme Court of Wyoming grants a divorce to two women who married in Canada, but says its decision does not apply "in any context other than divorce".[200]
  • Port v. Cowan (2010–2012). Maryland must recognize valid out-of-state same-sex marriages under doctrine of comity.[201]
  • Garden State Equality v. Dow (2011–2013), New Jersey's civil unions violate due process guarantees; denying same-sex marriage ruled unconstitutional in state superior court. The N.J. Supreme Court refuses to stay the ruling and the state defendants drop their appeal.
  • Griego v. Oliver, 316 P.3d 865 (N.M. 2013). The New Mexico Supreme Court rules that the State Constitution requires marriage rights to be extended to same-sex couples.
  • Kitchen v. Herbert, 961 F. Supp. 2d 1181 (2013). U.S. district court rules Utah's ban on same-sex marriage unconstitutional. The Tenth Circuit Court of Appeals upholds that ruling on June 25, 2014. All parties support review by the U.S. Supreme Court, and that court denied review on October 6.[202]
  • Whitewood v. Wolf (Pennsylvania). On May 20, 2014, Judge John E. Jones III rules that Pennsylvania's same-sex marriage ban is unconstitutional.[203]
  • Geiger v. Kitzhaber and Rummell v. Kitzhaber (Oregon). On May 19, 2014, district judge Michael J. McShane declares Oregon's same-sex marriage ban unconstitutional.[204]
  • Bostic v. Schaefer (Virginia). The Fourth Circuit on July 28, 2014, in a 2–1 decision, affirms a district court ruling that Virginia's denial of marriage rights to same-sex couples is unconstitutional.[205] The Supreme Court denied review on October 6.[202]
  • Baskin v. Bogan (Indiana) and Wolf v. Walker (Wisconsin). The Seventh Circuit consolidated these cases and on September 4, 2014, upheld two district court rulings that had found Indiana's and Wisconsin's bans on same-sex marriage unconstitutional.[206] The U.S. Supreme Court denied review on October 6.[202]
  • Bishop v. Smith (Oklahoma). On July 18, 2014, the Tenth Circuit upholds the district court ruling that Oklahoma's ban on same-sex marriage is unconstitutional.[207] The Supreme Court denied review on October 6.[202]
  • Barrier v. Vasterling (Missouri). State circuit judge J. Dale Youngs rules on October 3, 2014, that Missouri's refusal to recognize same-sex marriages from other jurisdictions violates the plaintiff same-sex couples' right to equal protection under both the state and federal constitutions.[208]
  • Caspar v. Snyder (Michigan). On January 15, 2015, U.S. district judge Mark A. Goldsmith ruled that the state must recognize the validity of "window marriages" established on March 21 and 22, 2014, before the Sixth Circuit Court of Appeals stayed a district court ruling in DeBoer v. Snyder that found Michigan's ban on same-sex marriage unconstitutional, despite the fact that DeBoer was later reversed.[209] The state chose not to appeal.[210]
  • Obergefell v. Hodges (2013-2015). U.S. Supreme Court case finding state bans on same-sex marriage to be unconstitutional under the 14th Amendment. (Overturned Baker v. Nelson)

Public opinion edit

Main article: Public opinion of same-sex marriage in the United States
 
Degree of public support for same-sex marriage by state in 2023:[211]
   80–81%
   70–79%
   60–69%
   50–59%
   49% (plurality support)

Americans began to be polled occasionally on the topic in the 1980s and more regularly in the 1990s. From 1988 to 2009, support for same-sex marriage increased between 1% and 1.5% per year. In the 2010s, it increased more quickly.[212]

Gallup found that nationwide public support reached 50% in May 2011,[6] 60% in May 2015,[7] and 70% in May 2021.[8]

The Pew Research Center similarly found 40% in 2010, 50% in 2013 and 61% in 2019.[213]

As of 2016, 83% of Americans aged 18–29 supported same-sex marriage.[214]

As of 2021, there is majority support for same-sex marriage in 47 states, ranging from 50% in South Carolina to 85% in Massachusetts. There is plurality support in Alabama, with 49% supporting and 47% opposing. Only Mississippi and Arkansas have majority opposition to same-sex marriage; in Mississippi, 55% oppose and 44% support, while in Arkansas, 52% oppose and 47% support same-sex marriage.[211]

As of 2018, 60% of Americans said they would not mind if their child married someone of the same gender.[215]

Annual polling conducted by Gallup each May in 2017, 2018, 2019 and 2020 has found support for same-sex marriage stable, with two-thirds of Americans indicating that same-sex marriage should be recognized as valid under law (a range of 63% to 67% was recorded).[216][217][218] In 2022, a new record high of 71% of respondents stated that same-sex marriage should be legally recognized as valid under the law.[219]

A Grinnell College National Poll in September 2022 indicated that 74% of Americans thought that same-sex marriage should be a guaranteed right, 13% thought it should be left to elected officials, and 13% were unsure.[220]

See also edit

Legislation edit

Miscellaneous edit

Notes edit

  1. ^ Among many examples: (1) the U.S. District Court ruling in Bourke v. Beshear, which required Kentucky to recognize same-sex marriages from Canada and several U.S. states, was decided on equal protection grounds alone. The plaintiffs claimed that Kentucky's ban violated the Full Faith and Credit Clause, but the court found it unnecessary to address that argument,[24] and (2) the plaintiffs in Robicheaux v. Caldwell, who sought Louisiana's recognition of their out-of-state marriages, argued only on the basis of equal protection and due process. One of the Louisiana statutes they challenged made clear the state's assertion of its right to deny recognition to the legal act of another state: "A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana". (emphasis added).[25]
  2. ^ Other cases that sought review by the U.S. Supreme Court were Golinski v. Office of Personnel Management, Gill v. Office of Personnel Management, Massachusetts v. United States Department of Health and Human Services, and Pedersen v. Office of Personnel Management.
  3. ^ In early 2013, the IRS recognized the community property and income of same-sex partners in community property states.[164]

References edit

  1. ^ "The Same-Sex Couple Who Got a Marriage License in 1971". The New York Times. May 16, 2015. Retrieved April 6, 2018.
  2. ^ Andrew Gumbel. "The Great Undoing?". The Advocate. Retrieved July 9, 2012.
  3. ^ "North Carolina | Freedom to Marry".
  4. ^ Michael Long (January 31, 2013). "Coretta's Big Dream: Coretta Scott King on Gay Rights". HuffPost. Retrieved July 18, 2018.
    Jeanne Theoharis (February 3, 2018). "'I am not a symbol, I am an activist': the untold story of Coretta Scott King". The Guardian. Retrieved July 18, 2018.
    Douglas Martin (June 18, 2007). "Mildred Loving, 40 Years Later". The Atlantic. Retrieved March 11, 2015.
    Douglas Martin (May 6, 2008). "Mildred Loving, Who Battled Ban on Mixed-Race Marriage, Dies at 68". The New York Times. Retrieved July 14, 2018.
    Star-Ledger Editorial Board (December 9, 2009). "Gay marriage: NAACP chairman Julian Bond says gay rights are civil rights". NJ.com. Retrieved December 12, 2018.
    "Civil Rights Community Mourns Death Of Julian Bond". NPR. August 17, 2015. Retrieved December 12, 2018.
    "Georgia Congressman John Lewis reacts to gay marriage ruling". The Atlanta Journal-Constitution. June 26, 2015. Retrieved December 12, 2018.
    Office of Congressman John Lewis. . House.gov. Archived from the original on April 29, 2019. Retrieved December 12, 2018.
  5. ^ a b . NAACP. May 20, 2018. Archived from the original on April 29, 2019. Retrieved April 11, 2018.
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Bibliography edit

External links edit

  •   US Supreme Court declares same-sex marriage legal at Wikinews
  • American Courts on Marriage: Is Marriage Discriminatory? 1998–2008, Joshua Baker, Institute for Marriage and Public Policy, May 2008.
  • Gay rights in the US, state by state The Guardian
  • at the Wayback Machine (archived April 17, 2008)
  • PollingReport.com Law and Civil Rights compendium
  • Same-sex marriage in the United States at Curlie
  • Timeline: Gay marriage, Los Angeles Times, October 6, 2014
  • The Shifting Landscape of State Same-Sex Marriage Laws as of February 26, 2014 by the Bloomberg Visual Data Center showing various charts with respect to the development of same-sex marriage in the United States

January 01, 1970
same, marriage, united, states, availability, legally, recognized, same, marriage, united, states, expanded, from, state, massachusetts, 2004, fifty, states, 2015, through, various, court, rulings, state, legislation, direct, popular, votes, states, each, have. The availability of legally recognized same sex marriage in the United States expanded from one state Massachusetts in 2004 to all fifty states in 2015 through various court rulings state legislation and direct popular votes States each have separate marriage laws which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution as first established in the 1967 landmark civil rights case of Loving v Virginia Jack Baker and Michael McConnell r the first same sex couple ever legally married in the United States in 1971 at their Minneapolis home 1970 Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s 1 In 1972 the now overturned Baker v Nelson saw the Supreme Court of the United States decline to become involved 2 The issue became prominent from around 1993 when the Supreme Court of Hawaii ruled in Baehr v Lewin that it was unconstitutional under the Constitution of Hawaii for the state to abridge marriage on the basis of sex That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same sex couples from being recognized by law the most prominent of which was the 1996 federal Defense of Marriage Act DOMA In 2003 the Massachusetts Supreme Judicial Court ruled in Goodridge v Department of Public Health that it was unconstitutional under the Constitution of Massachusetts for the state to abridge marriage on the basis of sex From 2004 through to 2015 as the tide of public opinion continued to move towards support of same sex marriage various state court rulings state legislation direct popular votes referendums and initiatives and federal court rulings established same sex marriage in thirty six of the fifty states The most prominent supporters of same sex marriage are human rights and civil rights organizations while the most prominent opponents are religious groups though some religious organizations support marriage equality 3 The first two decades of the 21st century saw same sex marriage receive support from prominent figures in the civil rights movement including Coretta Scott King John Lewis Julian Bond and Mildred Loving 4 In May 2012 the NAACP the leading African American civil rights organization declared its support for same sex marriage and stated that it is a civil right 5 In June 2013 the Supreme Court of the United States struck down DOMA for violating the Fifth Amendment to the United States Constitution in the landmark civil rights case of United States v Windsor leading to federal recognition of same sex marriage with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized In June 2015 the Supreme Court ruled in the landmark civil rights case of Obergefell v Hodges that the fundamental right of same sex couples to marry on the same terms and conditions as opposite sex couples with all the accompanying rights and responsibilities is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution On December 13 2022 DOMA was repealed and replaced by the Respect for Marriage Act which recognizes and protects same sex and interracial marriages under federal law and in interstate relations Gallup found that nationwide public support for same sex marriage reached 50 in 2011 6 60 in 2015 7 and 70 in 2021 8 In the 2020 United States census same sex married couples accounted for 0 5 of all U S households while unmarried same sex couples accounted for 0 4 of all U S households 9 A study of nationwide data from January 1999 to December 2015 revealed that the establishment of same sex marriage is associated with a significant reduction in the rate of attempted suicide among teens with the effect being concentrated among teens of a minority sexual orientation resulting in approximately 134 000 fewer teens attempting suicide each year in the United States Contents 1 History 2 Legal issues 2 1 Federal law 2 2 State and territorial recognition 2 2 1 Counties not issuing marriage licenses 2 2 2 Parental rights 2 3 Tribal law 2 4 Local laws prior to Obergefell v Hodges 3 Debate 3 1 Support 3 1 1 Role of social media 3 2 Opposition 3 3 Politicians and media figures 4 Studies 4 1 Adolescent attempted suicide 4 2 Economic impact on same sex couples 4 3 Economic impact on the state and federal governments 4 4 Mental health 4 5 Physical health 5 In popular culture 6 Marriage statistics 7 Case law 7 1 1970s 7 2 1980s 7 3 1990s 7 4 2000s 7 5 2010s 8 Public opinion 9 See also 9 1 Legislation 9 2 Miscellaneous 10 Notes 11 References 12 Bibliography 13 External linksHistory editMain article History of same sex marriage in the United States For a chronological guide see Timeline of same sex marriage in the United States nbsp A newlywed same sex couple celebrate their marriage in New Orleans in 2017 The history of same sex marriage in the United States dates from the early 1970s when the first lawsuits seeking legal recognition of same sex relationships brought the question of civil marriage rights and benefits for same sex couples to public attention though they proved unsuccessful 10 The subject became increasingly prominent in U S politics following the 1993 Hawaii Supreme Court decision in Baehr v Miike that suggested the possibility that the state s prohibition might be unconstitutional That decision was met by actions at both the federal and state level to restrict marriage to male female couples notably the enactment at the federal level of the Defense of Marriage Act DOMA On May 17 2004 Massachusetts became the first U S state and the sixth jurisdiction in the world to legalize same sex marriage following the Supreme Judicial Court s decision in Goodridge v Department of Public Health six months earlier Just as with the Hawaii decision the legalization of same sex marriage in Massachusetts provoked a reaction from opponents that resulted in further legal restrictions being written into state statutes and constitutions The movement to obtain marriage rights for same sex couples expanded steadily from that time until in late 2014 lawsuits had been brought in every state that still denied marriage licenses to same sex couples By late 2014 same sex marriage had become legal in states that contained more than 70 of the United States population In some jurisdictions legalization came through the action of state courts or the enactment of state legislation More frequently it came as the result of the decisions of federal courts On November 6 2012 Maine Maryland and Washington became the first states to legalize same sex marriage through popular vote Same sex marriage had been legalized in the District of Columbia and 21 Native American tribal nations as well The June 2013 decision of the U S Supreme Court in United States v Windsor striking down the law barring federal recognition of same sex marriage gave significant impetus to the progress of lawsuits that challenged state bans on same sex marriage in federal court 11 Since that decision with only a few exceptions U S District Courts and Courts of Appeals have found state bans on same sex marriage unconstitutional as have several state courts The exceptions have been a state court in Tennessee U S district courts in Louisiana and Puerto Rico and the U S Court of Appeals for the Sixth Circuit The U S Supreme Court agreed to hear appeals from that circuit s decision On June 26 2015 the U S Supreme Court struck down all state bans on same sex marriage legalized it in all fifty states and required states to honor out of state same sex marriage licenses in the case Obergefell v Hodges 12 The United States was the seventeenth country in the world and the second in North America after Canada to allow same sex couples to marry nationwide 13 Legal issues editSee also Same sex marriage legislation in the United States nbsp The wedding of a same sex couple being performed in San Francisco City Hall in June 2008 The legal issues surrounding same sex marriage in the United States are determined by the nation s federal system of government in which the status of a person including marital status is determined in large measure by the individual states Prior to 1996 the federal government did not define marriage any marriage recognized by a state was recognized even if that marriage was not recognized by one or more states as was the case until 1967 with interracial marriage which some states banned by statute Prior to 2004 same sex marriage was not performed or recognized in any U S jurisdiction but subsequently began to be performed and recognized by law in different jurisdictions through legislation court rulings 14 tribal council rulings 15 and popular referendums 16 17 18 The Supreme Court s ruling in Obergefell v Hodges ended all inter state legal complications surrounding same sex marriage as it orders states to both perform the marriages of same sex couples and to recognize the marriages of same sex couples performed in other states 19 Federal law edit nbsp Status of same sex marriage in the United States Performed and recognized Recognized when performed elsewhere Recognized by state and federal governments but not by tribal government mixed jurisdiction not performed by tribal government mixed jurisdiction not performed or recognized by tribal government vteAccording to the Government Accountability Office GAO in 2004 1 138 federal rights and protections are conferred to U S citizens upon marriage areas affected include Social Security benefits veterans benefits health insurance Medicaid hospital visitation estate taxes retirement savings pensions family leave and immigration law 20 Since July 9 2015 married same sex couples throughout the United States have had equal access to all the federal benefits that married opposite sex couples have 21 The Defense of Marriage Act DOMA was enacted in 1996 DOMA s Section 2 says that no state needs to recognize the legal validity of a same sex relationship even if recognized as marriage by another state It purports to relieve a state of its reciprocal obligation to honor the laws of other states as required by the Constitution s Full Faith and Credit Clause 22 Even before DOMA however states sometimes refused to recognize a marriage from another jurisdiction if it was counter to its strongly held public policies 23 Most lawsuits that sought to require a state to recognize a marriage established in another jurisdiction argue on the basis of equal protection and due process not the Full Faith and Credit Clause a DOMA s Section 3 defined marriage for the purposes of federal law as a union of one man and one woman 26 It was challenged in the federal courts 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 is unconstitutional under the Equal Protection Clause of the U S Constitution 27 Beginning in 2010 eight federal courts found DOMA Section 3 unconstitutional in cases involving bankruptcy public employee benefits estate taxes and immigration 28 29 30 On October 18 2012 the Second Circuit Court of Appeals became the first court to hold sexual orientation to be a quasi suspect classification and applied intermediate scrutiny to strike down Section 3 of DOMA as unconstitutional in Windsor v United States 31 The U S Supreme Court ruled in Windsor on June 26 2013 that Section 3 violated the Fifth Amendment 32 b As a result of the Windsor decision married same sex couples regardless of domicile have federal tax benefits including the ability to file joint federal income tax returns military benefits federal employment benefits and immigration benefits 33 34 35 36 In February 2014 the Justice Department expanded federal recognition of same sex marriages to include bankruptcies prison visits survivor benefits and refusing to testify against a spouse 37 Likewise in June 2014 family medical leave benefits under the Family Medical Leave Act 1975 were extended to married same sex couples 38 With respect to social security and veterans benefits same sex married couples are eligible for full benefits from the Veterans Affairs VA and the Social Security Administration SSA Prior to the Supreme Court s ruling in Obergefell v Hodges on June 26 2015 the VA and SSA could provide only limited benefits to married same sex couples living in states where same sex marriage was not legal 39 40 Effective March 27 2015 the definition of spouse under the Family and Medical Leave Act of 1993 includes employees in a same sex marriage regardless of state of residence 41 42 Following the Obergefell decision the Justice Department extended all federal marriage benefits to married same sex couples nationwide 21 The federal government recognizes the marriages of same sex couples who married in certain states in which same sex marriage was legal for brief periods between the time a court order allowed such couples to marry and that court order was stayed including Michigan It also recognized marriages performed in Utah from December 20 2013 to January 6 2014 even while the state didn t Under similar circumstances it never took a position on Indiana or Wisconsin s marriages performed in brief periods though it did recognize them once the respective states announced they would do so It had not taken a position with respect to similar marriages in Arkansas prior to the Obergefell decision legalizing and recognizing same sex marriages in all fifty states 43 The State Marriage Defense Act was proposed in Congress to force the federal government to follow individual state laws regarding same sex marriage although it never passed either chamber 44 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 restrict marriage to heterosexual unions In 2006 the Federal Marriage Amendment which would have prohibited states from recognizing same sex marriages was approved by the Senate Judiciary Committee on a party line vote and was debated by the full Senate but was ultimately defeated in both houses of Congress 45 On April 2 2014 the Alabama House of Representatives adopted a resolution calling for a constitutional convention to propose an amendment to ban same sex marriage nationwide 46 In 2022 Justice Clarence Thomas named Obergefell v Hodges as a case that should be revisited in his concurrence of Dobbs v Jackson Women s Health Organization which had overturned Roe v Wade and Planned Parenthood v Casey on the basis that abortion protection was not a deeply rooted right in the Constitution To prevent the loss of the right to same sex marriage the House of Representatives passed the Respect for Marriage Act which would nullify DOMA and protect both same sex and interracial marriages In July the bill passed 267 157 with 47 Republican representatives joining the Democrats 47 In December the Senate passed the bill 61 36 and the House again voted 258 169 to pass it 48 President Joe Biden signed it into law on December 13 2022 49 State and territorial recognition edit Further information Same sex marriage law in the United States by state Same sex marriages are licensed in and recognized by all U S states and the District of Columbia as well as all U S territories except American Samoa 50 However under the Respect for Marriage Act American Samoa must recognize all marriages between two people that were legally performed in another jurisdiction On January 6 2016 Alabama s Chief Justice Roy Moore issued a ruling forbidding state officials from issuing marriage licenses to same sex couples 51 The ruling had no effect as all Alabama counties continued either issuing marriage licenses to all couples or not issuing licenses at all In May 2016 Moore was charged with ethics violations by the state Judicial Inquiry Commission for the ruling 52 subsequently being suspended from the bench for the remainder of his term on September 30 of that year 53 Counties not issuing marriage licenses edit As of 2020 there are apparently no counties in the United States that do not or would not register the marriages of same sex couple Officials of one Texas county Irion issued marriage licenses but claimed they would refuse same sex couples 54 Starting in 2017 they refused to comment on what they would do if a same sex couple were to apply for license 55 However as of March 2020 the Irion County clerk stated she would issue marriage licenses to same sex couples and the form available on the office s website was not gender specific and stated no restrictions as to the genders of the applicants 56 Officials in several Alabama counties initially stopped issuing any marriage licenses rather than issue them to same sex couples By 2017 the number of counties doing this to avoid issuing them to same sex couples dropped to eight 57 58 This was in accordance with a state law which was passed in 1961 to preserve racial segregation by making it optional for county clerks to issue marriage licenses 59 The Alabama Legislature passed a bill replacing marriage licenses with marriage certificates in May 2019 60 These final eight counties resumed allowing couples to marry on August 29 2019 Several Kentucky counties initially refused to marry same sex couples In response Kentucky reformed its marriage license forms and removed the name of the county clerk from the licenses As of June 2016 Chris Hartmann director of the Kentucky based Fairness Campaign said that to his knowledge there are no counties where marriage licenses are being denied in his state 61 Parental rights edit Main article LGBT adoption in the United States Post Obergefell six states have on occasion attempted to deny same sex couples full adoption rights to varying degrees In Arkansas Florida Indiana and Wisconsin same sex couples have been met with rejection when trying to get both parents names listed on the birth certificate In V L v E L Alabama s highest court attempted to void an adoption decree obtained by a same sex couple in Georgia but the U S Supreme Court reversed restoring joint custody to the adoptive mother on March 7 2016 Mississippi had once banned same sex couples from adopting but the law requiring this was ruled unconstitutional by the United States District Court for the Southern District of Mississippi on March 31 2016 With that ruling adoption by same sex couples became legal in all fifty states 62 63 On June 26 2017 the Supreme Court ruled by a 6 3 vote in the case of Pavan v Smith that under their decision in Obergefell same sex couples must be treated equally to opposite sex couples in the issuance of birth certificates In December 2016 the Supreme Court of Arkansas upheld a state law only allowing opposite sex couples to be automatically listed as parents on their children s birth certificates while prohibiting same sex couples from being allowed the same on an equal basis The Supreme Court summarily reversed the Arkansas Supreme Court finding that the disparity in treatment violated their decision in Obergefell 64 Tribal law edit Main article Same sex marriage in tribal nations in the United States The Supreme Court decision legalizing same sex marriage in the states and territories did not legalize same sex marriage in Native American tribal nations In the United States Congress not the federal courts has legal authority over Native reservations Thus unless Congress passes a law regarding same sex marriage on such reservations federally recognized Native American tribes have the legal right to form their own marriage laws 65 As of the time of the Obergefell ruling 25 tribal nations legally recognized same sex marriage Some tribes have passed legislation specifically addressing same sex relationships and some specify that state law and jurisdiction govern tribal marriages As of April 2022 same sex marriage is legally recognized in at least 47 tribal nations 66 Local laws prior to Obergefell v Hodges edit nbsp State laws regarding same sex marriage in the United States prior to Obergefell v Hodges1 Same sex marriage legal Same sex marriage ban overturned decision stayed indefinitely Same sex marriage banned where federal circuit court has found similar bans unconstitutional Same sex marriage banned Same sex marriage legality complicated 1 Native American tribal nations have laws pertaining to same sex marriage independent of state law The federal government recognizes same sex marriages regardless of the current state of residence vte Prior to Obergefell same sex marriage was legal to at least some degree in thirty eight states one territory Guam and the District of Columbia of the states Missouri Kansas and Alabama had restrictions Until United States v Windsor it was only legal in 12 states and the District of Columbia Beginning in July 2013 over forty federal and state courts cited Windsor to strike down state bans on the licensing or recognition of same sex marriage Missouri recognized same sex marriages from out of state and same sex marriages licensed by the City of St Louis under two separate state court orders two other jurisdictions issued such licenses as well In Kansas marriage licenses were available to same sex couples in most counties but the state did not recognize their validity Some counties in Alabama issued marriage licenses to same sex couples for three weeks until the state Supreme Court ordered probate judges to stop doing so That court s ruling did not address the recognition of same sex marriages already licensed in Alabama but referred to them as purported marriage licenses 67 In two additional states same sex marriages were previously legal between the time their bans were struck down and then stayed Michigan recognized the validity of more than 300 marriage licenses issued to same sex couples and those marriages Arkansas recognized the more than 500 marriage licenses issued to same sex couples there 68 and the Federal Government had not taken a position on Arkansas s marriage licenses States and territories with same sex marriage before Obergefell v Hodges State or territory Population 69 Date of Enactment Ruling Date Effective Legalization method Details nbsp Alaska 736 732 October 12 2014 October 17 2014 Federal court decision U S District Court for the District of Alaska ruling in Hamby v Parnell 70 nbsp Arizona 6 731 484 October 17 2014 October 17 2014 Federal court decision U S District Court for the District of Arizona ruling in Connolly v Jeanes and in Majors v Horne 71 nbsp California 38 802 500 May 15 2008 June 16 2008 State court decision overturned by constitutional ban California Supreme Court ruling in In re Marriage Cases Ceased via state constitutional amendment after Proposition 8 passed on November 5 2008 August 4 2010 June 28 2013 Federal court decision legislative statute U S District Court for the Northern District of California ruling in Perry v Schwarzenegger finding Proposition 8 unconstitutional Stayed during appeal affirmed by the Ninth Circuit Court of Appeals as Perry v Brown Certiorari granted and appealed as Hollingsworth v Perry to the U S Supreme Court the high court dismissed Hollingsworth for lack of standing and vacated the Ninth Circuit decision below resulting with the original decision in Perry left intact 72 Gender neutral marriage bill passed by the California State Legislature and signed into law by the Governor of California took effect on January 1 2015 73 nbsp Colorado 5 355 866 July 9 2014 October 7 2014 State court decision Colorado district court ruling in Brinkman v Long July 23 2014 Federal court decision U S District Court for the District of Colorado ruling in Burns v Hickenlooper nbsp Connecticut 3 596 677 October 10 2008 November 12 2008 State court decision legislative statute Connecticut Supreme Court ruling in Kerrigan v Commissioner of Public Health incorporated into state statutes in April 2009 nbsp Delaware 935 614 May 7 2013 July 1 2013 Legislative statute Passed by the Delaware General Assembly and signed into law by the Governor of Delaware nbsp District of Columbia 658 893 December 18 2009 March 9 2010 Legislative statute Passed by the Council of the District of Columbia nbsp Florida 19 893 297 August 21 2014 January 6 2015 Federal court decision U S District Court for the Northern District of Florida ruling in Brenner v Scott nbsp Guam 165 124 not included in population total June 5 2015 June 9 2015 Binding federal court precedent actions of territorial officials federal court decision legislative statute Attorney General Elizabeth Barrett Anderson deferred to the controlling precedent set by the Ninth Circuit Court of Appeals in Latta v Otter ordering that marriage licenses for same sex couples be processed immediately beginning on April 15 2015 74 District Court of Guam ruling in Aguero v Calvo upholding the earlier decision by the Ninth Circuit 75 Marriage Equality Act incorporating the decision passed by the Guam Legislature went into effect on August 27 2015 76 nbsp Hawaii 1 419 561 November 13 2013 December 2 2013 Legislative statute Hawaii Marriage Equality Act passed by the Hawaii State Legislature and signed into law by the Governor of Hawaii nbsp Idaho 1 634 464 October 7 2014 October 15 2014 Federal court decision U S District Court for the District of Idaho ruling in Latta v Otter 77 upheld by the Ninth Circuit 78 nbsp Illinois 12 880 580 November 20 2013 June 1 2014 Legislative statute Passed by the Illinois General Assembly and signed into law by the Governor of Illinois nbsp Indiana 6 596 855 September 4 2014 October 6 2014 Federal court decision U S District Court for the Southern District of Indiana ruling in Baskin v Bogan The Seventh Circuit Court of Appeals affirmed the district court s ruling 79 nbsp Iowa 3 107 126 April 3 2009 April 27 2009 State court decision Iowa Supreme Court ruling in Varnum v Brien One same sex couple obtained a marriage licensed and married before initial ruling was stayed 80 nbsp Maine 1 330 089 November 6 2012 December 29 2012 Initiative statute Proposed by initiative as referendum Question 1 approved nbsp Maryland 5 976 407 November 6 2012 January 1 2013 Legislative statute referendum Civil Marriage Protection Act passed by the Maryland General Assembly petitioned to referendum Question 6 upheld nbsp Massachusetts 6 745 408 November 18 2003 May 17 2004 State court decision Massachusetts Supreme Judicial Court ruling in Goodridge v Department of Public Health nbsp Minnesota 5 457 173 May 14 2013 August 1 2013 Legislative statute Passed by the Minnesota Legislature and signed into law by the Governor of Minnesota nbsp Montana 1 023 579 November 19 2014 November 19 2014 Federal court decision U S District Court for the District of Montana ruling in Rolando v Fox 81 nbsp Nevada 2 839 099 October 7 2014 October 9 2014 Federal court decision legislative statute Ninth Circuit Court of Appeals ruling in Sevcik v Sandoval The Ninth Circuit Court of Appeals overturned the U S District Court for the District of Nevada s ruling 82 Gender neutral marriage bill passed by the Nevada Legislature and signed into law by the Governor of Nevada went into effect on July 1 2017 83 84 nbsp New Hampshire 1 326 813 June 3 2009 January 1 2010 Legislative statute Passed by the New Hampshire General Court and signed into law by the Governor of New Hampshire nbsp New Jersey 8 938 175 September 27 2013 October 21 2013 State court decision New Jersey Superior Court ruling in Garden State Equality v Dow nbsp New Mexico 2 085 572 December 19 2013 December 19 2013 State court decision legislative statute New Mexico Supreme Court ruling in Griego v Oliver Gender neutral marriage bill passed by the New Mexico Legislature and signed into law by the Governor of New Mexico went into effect on July 1 2019 85 nbsp New York 19 746 227 June 24 2011 July 24 2011 Legislative statute Marriage Equality Act passed by the New York State Legislature and signed into law by the Governor of New York nbsp North Carolina 9 943 964 October 10 2014 October 10 2014 Federal court decision U S District Court for the Western District of North Carolina ruling in General Synod of the United Church of Christ v Cooper 86 nbsp Oklahoma 3 878 051 July 18 2014 October 6 2014 Federal court decision U S District Court for the Northern District of Oklahoma ruling in Bishop v Oklahoma The Tenth Circuit affirmed the ruling in Bishop v Smith 87 nbsp Oregon 3 970 239 May 19 2014 May 19 2014 Federal court decision legislative statute U S District Court for the District of Oregon ruling in Geiger v Kitzhaber Gender neutral marriage bill passed by the Oregon Legislature and signed into law by the Governor of Oregon went into effect on January 1 2016 88 nbsp Pennsylvania 12 787 209 May 20 2014 May 20 2014 Federal court decision U S District Court for the Middle District of Pennsylvania ruling in Whitewood v Wolf nbsp Rhode Island 1 055 173 May 2 2013 August 1 2013 Legislative statute Passed by the Rhode Island General Assembly and signed into law by the Governor of Rhode Island nbsp South Carolina 4 832 482 November 12 2014 November 20 2014 Federal court decision U S District Court for the District of South Carolina ruling in Condon v Haley 89 nbsp Utah 2 942 902 June 25 2014 October 6 2014 Federal court decision U S District Court for the District of Utah ruling in Kitchen v Herbert Marriages licensed between December 20 2013 and January 6 2014 The Tenth Circuit Court of Appeals affirmed the district court ruling in Kitchen v Herbert nbsp Vermont 626 562 April 7 2009 September 1 2009 Legislative statute Passed by the Vermont General Assembly overriding Governor Jim Douglas veto nbsp Virginia 8 326 289 July 28 2014 October 6 2014 Federal court decision Legislative statute U S District Court for the Eastern District of Virginia ruling in Bostic v Rainey 90 The Fourth Circuit Court of Appeals affirmed the U S district court ruling in Bostic v Schaefer 91 Bill repealing the ban on same sex marriage and civil unions passed by the Virginia General Assembly and signed into law by the Governor of Virginia will take effect on July 1 2020 92 nbsp Washington 7 061 530 November 6 2012 December 6 2012 Legislative statute referendum Passed by the Washington State Legislature suspended by petition and referred to Referendum 74 approved nbsp West Virginia 1 850 326 October 9 2014 October 9 2014 Binding federal court precedent actions of state officials federal court decision Governor Earl Ray Tomblin and state Attorney General Patrick Morrisey recognizing the precedent established by the Fourth Circuit ruling in Bostic v Schaefer dropped their defense of the state s same sex marriage ban 93 The U S District Court for the Southern District of West Virginia in McGee v Cole overturned West Virginia s statutory ban on same sex marriage on November 7 2014 94 nbsp Wisconsin 5 757 564 September 4 2014 October 6 2014 Federal court decision U S District Court for the Western District of Wisconsin ruling in Wolf v Walker The Seventh Circuit Court of Appeals affirmed the district court s ruling 95 nbsp Wyoming 584 153 October 17 2014 October 21 2014 Federal court decision U S District Court for the District of Wyoming ruling in Guzzo v Mead 96 Total 221 434 635 69 4 of the U S population Note This table shows only states that licensed and recognized same sex marriages or had legalized them before Obergefell v Hodges It does not include states that recognized same sex marriages from other jurisdictions but did not license them Debate editSupport edit nbsp 2011 protest in New Jersey by Garden State Equality in support of same sex marriage and against deportation of LGBT spouses In the United States and Canada professional organizations including the American Anthropological Association the American Counseling Association the American Academy of Pediatrics the American Medical Association the American Academy of Nursing the American Psychological Association the American Psychiatric Association the Canadian Psychological Association the American Sociological Association the National Association of Social Workers the American Psychoanalytic Association the American Association for Marriage and Family Therapy and the American Academy of Family Physicians have stated that the scientific evidence supports the following conclusions homosexuality is a natural and normal human sexuality sexual orientation is not a choice gay people form stable and committed relationships that are essentially equivalent to the relationships of heterosexuals same sex parents are no less capable than opposite sex parents to raise children no civilization or viable social order depends on restricting marriage to heterosexuals and the children of same sex couples fare just as well or even better than the children of opposite sex couples 97 Prominent figures in the civil rights movement have expressed their support for same sex marriage In 2004 Coretta Scott King a leader of the civil rights movement and the widow of Martin Luther King Jr expressed her support for same sex marriage and publicly denounced attempts to define marriage as the union of a man and a woman as a form of gay bashing 98 In 2007 Mildred Loving the joint plaintiff alongside her husband Richard Loving in the landmark civil rights case of Loving v Virginia in 1967 in which the Supreme Court of the United States struck down all state bans on inter racial marriage issued a statement on the 40th anniversary of the ruling in which she expressed her support for same sex marriage and described it as a civil right akin to inter racial marriage stating that I believe all Americans no matter their race no matter their sex no matter their sexual orientation should have that same freedom to marry 99 In 2009 Julian Bond a leader of the civil rights movement and a chairman of the NAACP expressed his support for same sex marriage and stated that gay rights are civil rights 100 In 2015 John Lewis a leader of the civil rights movement and a chairman of the SNCC welcomed the outcome of the landmark civil rights case of Obergefell v Hodges in which the Supreme Court of the United States struck down all state bans on same sex marriage stating that races don t fall in love genders don t fall in love people fall in love 101 The NAACP the leading African American civil rights organization has pledged its support for gay rights and same sex marriage stating that they support marriage equality consistent with equal protection under the law provided under the Fourteenth Amendment of the United States Constitution and has declared that same sex marriage is a civil right 5 The Human Rights Campaign the largest LGBT rights organization in the United States states that 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 102 Journalist Gail Mathabane likens prohibitions on same sex marriage to past prohibitions on interracial marriage in the United States 103 Author Fernando Espuelas argues that same sex marriage should be allowed because it recognizes the civil right of a minority 104 Historian Nancy Cott rejects alternatives to same sex marriage such as civil unions reasoning that there really is no comparison because there is nothing that is like marriage except marriage 105 Role of social media edit Supporters of same sex marriage successfully utilized social media websites such as Facebook to help achieve their aims 106 Some have argued that the successful use of social media by LGBT rights organizations played a key role in the defeat of religion based opposition 107 One of the largest scale uses of social media to mobilize support for same sex marriage preceded and coincided with the arrival at the U S Supreme Court of high profile legal cases for Proposition 8 and DOMA in March 2013 The red equal sign project started by the Human Rights Campaign was an electronic campaign primarily based on Facebook that encouraged users to change their profile images to a red equal sign to express support for same sex marriage 108 At the time of the court hearings an estimated 2 5 million Facebook users changed their profile images to a red equal sign 109 Opposition edit Opposition to same sex marriage is based on claims such as the beliefs that homosexuality is unnatural and abnormal that the recognition of same sex unions will promote homosexuality in society and that children are better off when raised by opposite sex couples 110 While some researchers question the definitiveness of the evidence 111 others assert that science has shown that homosexuality is a natural and normal human sexuality that sexual orientation cannot be chosen and that the children of same sex couples fare just as well or even better than the children of opposite sex couples 97 Others argue that the word marriage has always had a very specific meaning i e the union of a man and a woman By this argument calling same sex unions marriages is not a question of law but an example of Newspeak same sex unions are an inherently different entity than a marriage and that entity has only gained legitimacy through Orwellian brainwashing 112 Critics of this position counter that historical changes in marriage traditions negate any fixed definition so the word marriage can be infinitely redefined according to the needs of the culture 113 Some of the opponents of same sex marriage are religious groups such as the Catholic Church and the Southern Baptist Convention which desire for marriage to remain restricted to opposite sex marriages 114 However there are faith based supporters of same sex marriage and homosexual people of faith within every faith group 115 The Church of Jesus Christ of Latter day Saints opposed the legalization of same sex marriage 116 but in 2022 endorsed a federal bill 117 requiring states and territories to honor same sex marriages solemnized in other states though it reiterated that church doctrine would not change 118 Political donations in opposition of same sex marriage have been an issue of great dispute Both judges and the IRS have ruled that it is either questionable or illegal for campaign contributions to be shielded by anonymity 119 120 121 Politicians and media figures edit nbsp President Barack Obama interviewed by Robin Roberts of ABC s Good Morning America at the White House May 9 2012 nbsp The White House illuminated in rainbow colors on the evening of the Obergefell ruling June 26 2015 President Barack Obama s views on same sex marriage varied over the course of his political career and became more consistently supportive of it over time In the 1990s he had supported same sex marriage while campaigning for the Illinois Senate 122 123 During the 2008 presidential campaign he was opposed to same sex marriage 124 but he also opposed the 2008 California referendum that aimed at reversing a court ruling establishing same sex marriage there 125 In 2009 he opposed two opposing federal legislative proposals that would have banned or established same sex marriage nationally stating that each state had to decide the issue 126 127 In December 2010 he expressed support for civil unions with rights equivalent to marriage and for federal recognition of same sex relationships He opposed a federal constitutional amendment to ban same sex marriage 128 He also stated that his position on same sex marriage was evolving and that he recognized that civil unions from the perspective of same sex couples was not enough 129 On May 9 2012 President Obama became the first sitting president to support same sex marriage He still said the legal question belonged to the states 130 In October 2014 Obama told an interviewer that his view had changed Ultimately I think the Equal Protection Clause does guarantee same sex marriage in all fifty states But as you know courts have always been strategic There have been times where the stars were aligned and the Court like a thunderbolt issues a ruling like Brown v Board of Education but that s pretty rare And given the direction of society for the Court to have allowed the process to play out the way it has may make the shift less controversial and more lasting 131 President Barack Obama on the matter of same sex marriage as a constitutional question Shortly after winning the 2016 election President Donald Trump said he s fine with same sex marriage and believes it to be settled law It s law It was settled in the Supreme Court I mean it s done 132 This somewhat contrasted with a previous statement he made in June 2015 after Obergefell v Hodges in which he said he s personally for traditional marriage and that he believed same sex marriage should be left to the states 133 In that same statement however Trump admitted that overturning Obergefell is not realistic Several of his federal appointments have also subsequently announced they will uphold same sex marriage and enforce the Supreme Court ruling while still being personally against same sex marriage 134 namely Attorney General Jeff Sessions and Secretary of Education Betsy DeVos 135 Former presidents Bill Clinton 136 Jimmy Carter 137 and Barack Obama former vice presidents Dick Cheney 138 Al Gore 139 Walter Mondale 140 and Joe Biden have voiced their support for same sex marriage as have former first ladies Laura Bush 141 Hillary Clinton 142 Michelle Obama 143 and Nancy Reagan 144 Former President George H W Bush and his wife former First Lady Barbara Bush served as witnesses to a same sex wedding but neither publicly affirmed support for same sex marriage in general 145 George W Bush reportedly offered to officiate the same wedding 146 but has similarly not made a public statement regarding his position on the issue as president he was opposed Fifteen U S senators announced their support in the spring of 2013 147 By April 2013 a majority of the Senate had expressed support for same sex marriage 148 Senator Rob Portman of Ohio became the first sitting Republican senator to endorse same sex marriage in March 2013 149 followed by Senator Mark Kirk of Illinois in April 150 Senator Lisa Murkowski of Alaska in June 151 and Senator Susan Collins of Maine a year later 152 Politicians who have notably opposed same sex marriage have included Rick Santorum Mike Huckabee and Sarah Palin Prominent politicians who have shifted from opposing to supporting same sex marriage include Republican Senator Rob Portman and Republican Representative Bob Barr the author of the 1996 Defense of Marriage Act In an interview on The O Reilly Factor in August 2010 when Glenn 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 153 154 Studies editThe overall effects of legal access to same sex marriage have been summarized by Badgett and co authors 155 The review found that sexual minority individuals took up legal marriage when it became available to them but at lower rates than different sex couples There is instead no evidence that same sex marriage legalization affected different sex marriages On the health side same sex marriage legalization increased health insurance coverage for individuals in same sex couples in the US and it led to improvements in sexual health among men who have sex with men while there is mixed evidence on mental health effects among sexual minorities In addition the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ people and employment choices of sexual minorities Adolescent attempted suicide edit The establishment of same sex marriage is associated with a significant reduction in the rate of attempted suicide among teenagers with the effect being concentrated among teens of a minority sexual orientation A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among all students in grades 9 12 declined by 7 and the rate of attempted suicide among those of a minority sexual orientation in grades 9 12 declined by 14 in states which established same sex marriage resulting in approximately 134 000 fewer teens attempting suicide each year in the United States The researchers took advantage of the gradual manner in which same sex marriage was established in the United States expanding from one state in 2004 to all fifty states in 2015 to compare the rate of attempted suicide among teens in each state over the time period studied Once same sex marriage was established in a particular state the reduction in the rate of attempted suicide among teens in that state became permanent No reduction in the rate of attempted suicide among teens occurred in a particular state until that state recognized same sex marriage The lead researcher of the study observed that laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future 156 157 158 159 160 Economic impact on same sex couples edit Until the Supreme Court s June 2013 ruling in United States v Windsor required the Federal Government to treat lawfully married same sex couples on an equal basis with lawfully married opposite sex couples same sex married couples faced severe disadvantages The Federal Government did not recognize those marriages for any purpose According to a 1997 General Accounting Office study at least 1 049 U S federal laws and regulations include references to marital status 161 A 2004 study by the Congressional Budget Office found 1 138 statutory provisions in which marital status is a factor in determining or receiving benefits rights and privileges 162 Many of these laws govern property rights benefits and taxation Same sex couples whose marriages were not recognized by the Federal Government were ineligible for spousal and survivor Social Security benefits and were ineligible for the benefits of the spouse of a federal government employee 162 One study found that the difference in Social Security income for same sex couples compared to opposite sex married couples was US 5 588 per year 163 Compared to similarly situated opposite sex married couples same sex couples faced the following financial and legal disadvantages Legal costs associated with obtaining domestic partner documents to gain legal abilities granted automatically by legal marriage including power of attorney health care decision making and inheritance 163 A person can inherit an unlimited amount from a deceased spouse without incurring an estate tax but was subject to taxes if inheriting from a same sex partner 162 Same sex couples were not eligible to file jointly as a married couple and thus could not take the advantages of lower tax rates when the individual income of the partners differs significantly 162 c Employer provided health insurance coverage for a same sex partner incurred federal income tax 162 Higher health costs associated with lack of insurance and preventive care 20 of same sex couples had a member who was uninsured compared to 10 of married opposite sex couples 163 Inability to protect jointly owned home from loss due to costs of potential medical catastrophe 163 Inability of a U S citizen to sponsor a same sex spouse for citizenship 163 Some 7 400 companies were offering spousal benefits to same sex couples as of 2008 In states that recognized same sex marriages same sex couples could continue to receive those same benefits only if they married 165 Only 18 of private employers offered domestic partner health care benefits 163 Same sex couples face the same financial constraints of legal marriage as opposite sex married couples including the marriage penalty in taxation 162 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 162 A 2019 study found an increase in employment among same sex couples after the legalization of same sex marriage The author of the study provided additional evidence suggesting that this change in employment was driven by a decline in discrimination 166 Economic impact on the state and federal governments edit 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 162 According to a study published in May 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy the legalization of same sex marriage boosted state and local economies by an estimated 3 8 billion dollars The Williams Institute estimated that the 300 000 same sex couples who married in the U S since 2015 generated about 3 2 billion for local and state economies In addition traveling wedding guests spent an additional 544 million and about 45 000 jobs were supported by same sex weddings 244 million was generated in state and local taxes 167 168 Mental health edit Based in part on research that has been conducted on the adverse effects of stigmatization of gays and lesbians 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 169 Several psychological studies have shown that an increase in exposure to negative conversations media messages and negative reactions among peers about same sex marriage creates a harmful environment for LGBT people that may affect their health and well being especially among its younger members 170 171 172 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 173 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 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 174 At the Perry v Schwarzenegger trial expert witness Ilan Meyer testified that the mental health outcomes for gays and lesbians would improve if laws such as Proposition 8 did not exist because when people are exposed to more stress they are more likely to get sick and that particular situation is consistent with laws that say to gay people you are not welcome here your relationships are not valued Such laws have significant power he said 175 Physical health edit In 2009 a pair of economists at Emory University tied the passage of state bans on same sex marriage in the US to an increase in the rates of HIV AIDS infection 176 177 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 A study by the Columbia Mailman School of Public Health found that gay men in Massachusetts visited health clinics significantly less often following the legalization of same sex marriage in that state 178 In popular culture editThe Fox sitcom Roc was the first sitcom to feature a same sex marriage in 1991 179 Since then several shows and series have featured same sex marriages including amongst others Married with Children Roseanne December Bride Glee Friends The One with the Lesbian Wedding Brooklyn Nine Nine Modern Family The Simpsons There s Something About Marrying The Ellen DeGeneres Show Brothers amp Sisters Grey s Anatomy Will amp Grace Conan Steven Universe Shameless The Fosters etc 180 181 The 22nd season premier of the PBS animated show Arthur featured the marriage of teacher Mr Ratburn and his male partner 182 Alabama s public television channel refused to air the episode 183 Marriage statistics editThere is no complete data on the number of same sex marriages conducted in the United States Marriages and divorces are recorded by states counties and territories plus New York City and the District of Columbia but not by the Federal Government States such as Oregon do not distinguish between opposite sex and same sex marriages in their official records The legal records on marriage and divorce belong to the states 184 In August 2016 the Treasury Department estimated the number of same sex marriages by linking the tax returns of same sex couples who had filed jointly in 2014 with their Social Security records Although this method excluded couples who file singly these are small in number of all married couples who file taxes 97 5 file jointly This research showed that in 2014 there were about 183 280 married same sex couples in the country or roughly a third of 1 percent of all marriages according to The New York Times 185 Numbers from 2015 showed a large increase to 250 450 marriages 186 According to Census Bureau data heterosexual marriages still accounted for about 98 percent of marriages for people under 35 in 2021 187 According to the statistics female couples were four times more likely to have children than male couples Additionally male couples earned a pretax average of 165 960 per year while lesbian couples earned 118 415 and straight couples earned 115 210 The highest rates of female same sex marriage were found in Oakland 2 1 of all marriages Seattle San Francisco Springfield MA and Portland OR whereas gay male marriages were most frequent in San Francisco 3 2 Washington D C New York City Seattle and Fort Lauderdale 186 The United States Census Bureau has collected data on unmarried same sex households since 2005 Since 2013 following United States v Windsor the Bureau began recording married same sex households in its Same Sex Couples report It recorded about 252 000 same sex spouses in 2013 335 000 in 2014 425 000 in 2015 487 000 in 2016 555 000 in 2017 593 000 in 2018 In 2018 the states of California Texas and New York had the highest total number of same sex households whereas Wyoming Vermont South Dakota and Connecticut had the most married same sex households in comparison to unmarried households 92 4 of Wyoming same sex households were married followed by Vermont at 79 3 South Dakota at 77 8 and Connecticut at 70 7 Nationally 59 5 of cohabiting same sex couples were married 188 The Population Reference Bureau reported that by October 2015 approximately 486 000 same sex marriages had taken place in the United States It estimated that 45 of all same sex couples in the country were married at that time 189 According to Gallup the percent of cohabiting same sex couples who are married rose from 38 in 2015 to 49 in 2016 and to 61 in 2017 190 Case law editSee also Same sex marriage legislation in the United States Lawsuits seeking to overturn statutory bans United States federal and state case law regarding same sex marriage 1970s edit Anonymous v Anonymous 67 Misc 2d 982 N Y 1971 The law makes no provision for a marriage between persons of the same sex Baker v Nelson 191 N W 2d 185 Minn 1971 Upholds a Minnesota law defining marriage as the union of a man and a woman Overruled by Obergefell v Hodges in 2015 see below Jones v Hallahan 501 S W 2d 588 Ky 1973 Upholds the denial of a marriage license to two women in Kentucky based on dictionary definitions of marriage despite the fact that state statutes do not specify the gender of marriage partners 191 Frances B v Mark B 78 Misc 2d 112 1974 Marriage is and always has been a contract between a man and a woman Singer v Hara 522 P 2d 1187 Wash Ct App 1974 The historical definition of marriage is between one man and one woman and same sex couples are inherently ineligible to marry This ban does not constitute sex discrimination 1980s edit Adams v Howerton 673 F 2d 1036 9th Cir 1982 cert denied 458 U S 1111 A 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 divorce because they cannot form a common law marriage 192 1990s edit In re Estate of Cooper 149 Misc 2d 282 Sur Ct Kings Co 1990 The state has a compelling interest in fostering the traditional institution of marriage and prohibiting same sex marriage Baehr v Lewin 852 P 2d 44 Haw 1993 A statute limiting marriage to opposite sex couples violates the Hawaii Constitution s equal protection clause unless the state can show that the statute is both justified by compelling state interests and also narrowly tailored This ruling prompted the adoption of Hawaii s constitutional amendment allowing the State Legislature to restrict marriage to different sex couples and the federal Defense of Marriage Act Dean v District of Columbia 653 A 2d 307 D C 1995 DC does not authorise same sex marriage denial of a marriage license does not violate the Due Process Clause of the United States Constitution Storrs v Holcomb 645 N Y S 2d 286 App Div 1996 New York does not recognize or authorize same sex marriage Overturned in part by Martinez v County of Monroe in 2008 In re Estate of Hall 707 N E 2d 201 206 Ill App Ct 1998 Illinois does not recognize a same sex marriage The petitioner s claim to be in a same sex marriage was not in a marriage recognized by law Baker v Vermont 170 Vt 194 744 A 2d 864 Vt 1999 The Common Benefits Clause of the Constitution of Vermont requires that same sex couples be granted the same legal rights as married persons though it need not be called marriage 2000s edit Frandsen v County of Brevard 828 So 2d 757 Fla 2001 The Florida Constitution will not be construed to recognize same sex marriage sex classifications not subject to strict scrutiny under the Constitution Burns v Burns 560 S E 2d 47 Ga Ct App 2002 Marriage is the union of one man and one woman In re Estate of Gardiner 42 P 3d 120 Kan 2002 A post operative male to female transsexual is not a woman within the meaning of the statutes and cannot validly marry a man Rosengarten v Downes 806 A 2d 1066 Conn Ct App 2002 Connecticut will not dissolve a Vermont civil union Standhardt v Superior Court ex rel County of Maricopa 77 P 3d 451 Ariz Ct App 2003 The Constitution of Arizona does not provide the right to same sex marriage Goodridge v Dept of Public Health 798 N E 2d 941 Mass 2003 The denial of marriage licenses to same sex couples violated provisions of the Massachusetts State Constitution guaranteeing individual liberty and equality and it was not rationally related to a legitimate state interest Morrison v Sadler 821 N E 2d 15 Ind Super Ct 2005 Indiana s Defense of Marriage Act is valid Langan v St Vincent s Hospital 802 N Y S 2d 476 App Div 2005 For the purposes of New York s wrongful death statute the survivor partner from a Vermont civil union lacks standing as a spouse Citizens for Equal Protection v Bruning 455 F 3d 859 8th Cir 2006 Nebraska s Initiative Measure 416 does not violate the Fourteenth Amendment s Equal Protection Clause was not a bill of attainder and does not violate the First Amendment 193 Lewis v Harris 908 A 2d 196 N J 2006 Prohibiting same sex marriage does not violate the New Jersey Constitution but the state must extend all the rights and responsibilities of marriage to same sex couples The New Jersey Legislature had 180 days to amend the marriage laws or create a parallel structure Andersen v King County 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 The New York Constitution does not require that marriage rights be extended to same sex couples 194 Conaway v Deane 932 A 2d 571 Md 2007 Upholds a Maryland law defining marriage as the union of a man and a woman Martinez v County of Monroe 850 N Y S 2d 740 App Div 2008 Because New York recognizes the marriages of opposite sex couples from other jurisdictions it must do the same for same sex couples 195 In re Marriage Cases 183 P 3d 384 Cal 2008 Limiting marriage to opposite sex couples is invalid under the equal protection clause of the California Constitution Full marriage rights not merely domestic partnership must be offered to same sex couples 196 Kerrigan v Commissioner of Public Health 957 A 2d 407 Conn 2008 The availability of civil unions but not marriage to same sex partners is a violation of the equality and liberty provisions of the Connecticut Constitution Strauss v Horton 207 P 3d 48 Cal 2009 Proposition 8 was validly adopted and marriages contracted before its adoption remain valid 197 Varnum v Brien 763 N W 2d 862 Iowa 2009 Barring same sex couples from marriage 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 2010s edit Challenges to DOMA Section 3 Gill v Office of Personnel Management 2009 2013 Section 3 of the federal Defense of Marriage Act is found unconstitutional in U S district court The First Circuit Court of Appeals affirms that ruling and stays implementation pending appeal Windsor finds Section 3 unconstitutional and appeal of Gill is denied by the Supreme Court Massachusetts v United States Department of Health and Human Services 2009 2013 Decided alongside Gill with the same outcome Golinski v Office of Personnel Management 2010 2013 Section 3 of the federal Defense of Marriage Act is found unconstitutional in U S district court which determines that sexual orientation is a quasi suspect classification requiring the court to apply intermediate scrutiny that is to determine whether Section 3 relates to an important government interest On appeal the case is held in abeyance pending the decision of the U S Supreme Court in Windsor which settles the issues raised in Golinski the appeal of which to the Supreme Court is then denied United States v Windsor 2010 2013 Section 3 of the federal Defense of Marriage Act is found unconstitutional in U S district court The Second Circuit Court of Appeals affirms that ruling as does the U S Supreme Court The U S Government began implementing the decision the same week 198 California Proposition 8 Hollingsworth v Perry 2009 2013 California s Proposition 8 a voter endorsed constitutional amendment banning same sex marriage is found unconstitutional in U S district court in Perry v Schwarzenegger The proposition s backers appeal to the Ninth Circuit Court of Appeals which upholds the district court s finding of unconstitutionality in Perry v Brown The U S Supreme Court ruled that the proposition s backers lacked standing to appeal and left the district court ruling intact 199 Same sex marriage rights Christiansen v Christiansen On June 6 2011 the Supreme Court of Wyoming grants a divorce to two women who married in Canada but says its decision does not apply in any context other than divorce 200 Port v Cowan 2010 2012 Maryland must recognize valid out of state same sex marriages under doctrine of comity 201 Garden State Equality v Dow 2011 2013 New Jersey s civil unions violate due process guarantees denying same sex marriage ruled unconstitutional in state superior court The N J Supreme Court refuses to stay the ruling and the state defendants drop their appeal Griego v Oliver 316 P 3d 865 N M 2013 The New Mexico Supreme Court rules that the State Constitution requires marriage rights to be extended to same sex couples Kitchen v Herbert 961 F Supp 2d 1181 2013 U S district court rules Utah s ban on same sex marriage unconstitutional The Tenth Circuit Court of Appeals upholds that ruling on June 25 2014 All parties support review by the U S Supreme Court and that court denied review on October 6 202 Whitewood v Wolf Pennsylvania On May 20 2014 Judge John E Jones III rules that Pennsylvania s same sex marriage ban is unconstitutional 203 Geiger v Kitzhaber and Rummell v Kitzhaber Oregon On May 19 2014 district judge Michael J McShane declares Oregon s same sex marriage ban unconstitutional 204 Bostic v Schaefer Virginia The Fourth Circuit on July 28 2014 in a 2 1 decision affirms a district court ruling that Virginia s denial of marriage rights to same sex couples is unconstitutional 205 The Supreme Court denied review on October 6 202 Baskin v Bogan Indiana and Wolf v Walker Wisconsin The Seventh Circuit consolidated these cases and on September 4 2014 upheld two district court rulings that had found Indiana s and Wisconsin s bans on same sex marriage unconstitutional 206 The U S Supreme Court denied review on October 6 202 Bishop v Smith Oklahoma On July 18 2014 the Tenth Circuit upholds the district court ruling that Oklahoma s ban on same sex marriage is unconstitutional 207 The Supreme Court denied review on October 6 202 Barrier v Vasterling Missouri State circuit judge J Dale Youngs rules on October 3 2014 that Missouri s refusal to recognize same sex marriages from other jurisdictions violates the plaintiff same sex couples right to equal protection under both the state and federal constitutions 208 Caspar v Snyder Michigan On January 15 2015 U S district judge Mark A Goldsmith ruled that the state must recognize the validity of window marriages established on March 21 and 22 2014 before the Sixth Circuit Court of Appeals stayed a district court ruling in DeBoer v Snyder that found Michigan s ban on same sex marriage unconstitutional despite the fact that DeBoer was later reversed 209 The state chose not to appeal 210 Obergefell v Hodges 2013 2015 U S Supreme Court case finding state bans on same sex marriage to be unconstitutional under the 14th Amendment Overturned Baker v Nelson Public opinion editMain article Public opinion of same sex marriage in the United States nbsp Degree of public support for same sex marriage by state in 2023 211 80 81 70 79 60 69 50 59 49 plurality support Americans began to be polled occasionally on the topic in the 1980s and more regularly in the 1990s From 1988 to 2009 support for same sex marriage increased between 1 and 1 5 per year In the 2010s it increased more quickly 212 Gallup found that nationwide public support reached 50 in May 2011 6 60 in May 2015 7 and 70 in May 2021 8 The Pew Research Center similarly found 40 in 2010 50 in 2013 and 61 in 2019 213 As of 2016 update 83 of Americans aged 18 29 supported same sex marriage 214 As of 2021 update there is majority support for same sex marriage in 47 states ranging from 50 in South Carolina to 85 in Massachusetts There is plurality support in Alabama with 49 supporting and 47 opposing Only Mississippi and Arkansas have majority opposition to same sex marriage in Mississippi 55 oppose and 44 support while in Arkansas 52 oppose and 47 support same sex marriage 211 As of 2018 update 60 of Americans said they would not mind if their child married someone of the same gender 215 Annual polling conducted by Gallup each May in 2017 2018 2019 and 2020 has found support for same sex marriage stable with two thirds of Americans indicating that same sex marriage should be recognized as valid under law a range of 63 to 67 was recorded 216 217 218 In 2022 a new record high of 71 of respondents stated that same sex marriage should be legally recognized as valid under the law 219 A Grinnell College National Poll in September 2022 indicated that 74 of Americans thought that same sex marriage should be a guaranteed right 13 thought it should be left to elected officials and 13 were unsure 220 See also edit nbsp LGBT portal nbsp United States portal Divorce of same sex couples History of same sex marriage in the United States LGBT employment discrimination in the United States LGBT rights in the United States Recognition of same sex unions in the Americas Same sex unions and military policy United States Status of same sex marriage Timeline of same sex marriage in the United States Timeline of same sex marriage Legislation edit Domestic partnership in the United States Federal Marriage Amendment Respect for Marriage Act Former U S state constitutional amendments banning same sex unions Same sex marriage law in the United States by state Same sex marriage legislation in the United States Same sex marriage status in the United States by state Same sex unions in the United States Miscellaneous edit A Union in Wait documentary film Notes edit Among many examples 1 the U S District Court ruling in Bourke v Beshear which required Kentucky to recognize same sex marriages from Canada and several U S states was decided on equal protection grounds alone The plaintiffs claimed that Kentucky s ban violated the Full Faith and Credit Clause but the court found it unnecessary to address that argument 24 and 2 the plaintiffs in Robicheaux v Caldwell who sought Louisiana s recognition of their out of state marriages argued only on the basis of equal protection and due process One of the Louisiana statutes they challenged made clear the state s assertion of its right to deny recognition to the legal act of another state A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana emphasis added 25 Other cases that sought review by the U S Supreme Court were Golinski v Office of Personnel Management Gill v Office of Personnel Management Massachusetts v United States Department of Health and Human Services and Pedersen v Office of Personnel Management In early 2013 the IRS recognized the community property and income of same sex partners in community property states 164 References edit The Same Sex Couple Who Got a Marriage License in 1971 The New York Times May 16 2015 Retrieved April 6 2018 Andrew Gumbel The Great Undoing The Advocate Retrieved July 9 2012 North Carolina Freedom to Marry Michael Long January 31 2013 Coretta s Big Dream Coretta Scott King on Gay Rights HuffPost Retrieved July 18 2018 Jeanne Theoharis February 3 2018 I am not a symbol I am an activist the untold story of Coretta Scott King The Guardian Retrieved July 18 2018 Douglas Martin June 18 2007 Mildred Loving 40 Years Later The Atlantic Retrieved March 11 2015 Douglas Martin May 6 2008 Mildred Loving Who Battled Ban on Mixed Race Marriage Dies at 68 The New York Times Retrieved July 14 2018 Star Ledger Editorial Board December 9 2009 Gay marriage NAACP chairman Julian Bond says gay rights are civil rights NJ com Retrieved December 12 2018 Civil Rights Community Mourns Death Of Julian Bond NPR August 17 2015 Retrieved December 12 2018 Georgia Congressman John Lewis reacts to gay marriage ruling The Atlanta Journal Constitution June 26 2015 Retrieved December 12 2018 Office of Congressman John Lewis LGBT RIGHTS House gov Archived from the original on April 29 2019 Retrieved December 12 2018 a b NAACP Passes Resolution In Support Of Marriage Equality NAACP May 20 2018 Archived from the original on April 29 2019 Retrieved April 11 2018 NAACP Speaks Out For Marriage Equality NAACP April 2 2013 Archived from the original on April 29 2019 Retrieved July 14 2018 Michael Barbaro May 19 2012 In Largely Symbolic Move N A A C P Votes to Endorse Same Sex Marriage The New York Times Retrieved July 14 2018 a b Newport Frank May 20 2011 For First Time Majority of Americans Favor Legal Gay Marriage Gallup Retrieved July 20 2022 a b McCarthy Justin May 19 2015 Record High 60 of Americans Support Same Sex Marriage Gallup Retrieved July 20 2022 a b McCarthy Justin June 8 2021 Record High 70 in U S Support Same Sex Marriage Gallup com Retrieved July 19 2022 Overberg Paul DeBarros Anthony May 25 2023 Same Sex Couples Accounted for 1 of Households in 2020 Census Shows The Wall Street Journal News Corp Retrieved September 5 2023 Gumbel Andrew June 20 2009 The Great Undoing The Advocate Retrieved July 9 2012 UNITED STATES v WINDSOR PDF supremecourt gov October 2012 Retrieved August 28 2022 OBERGEFELL v HODGES LII Legal Information Institute Retrieved August 29 2022 Same Sex Marriage Around the World Pew Research Center May 17 2019 Archived from the original on June 30 2017 Retrieved May 23 2019 Glenn Adams and David Crary Maine voters reject gay marriage law November 4 2009 Houston Sonya March 17 2013 Tribe marries same sex couple but state won t recognize it CNN Retrieved March 18 2013 For first time voters back gay marriage in statewide votes NBC News Retrieved November 7 2012 Washington State Senate approves same sex marriage MSNBC February 1 2012 Archived from the original on February 2 2012 KBIC Council Shake Up Casino Plan Rejected The Keweenaw Report December 14 2014 Retrieved December 14 2014 Supreme Court gay marriage decision Full text of Obergefell ruling Politico June 26 2015 2004 updated report of the GAO PDF GAO January 23 2004 Retrieved December 20 2011 a b Loretta Lynch July 9 2015 Attorney General Lynch Announces Federal Marriage Benefits Available to Same Sex Couples Nationwide Department of Justice Archived from the original on 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New York Oxford University Press ISBN 978 0 19 975631 5 Dobson James C 2004 Marriage under Fire Why We Must Win This War Sisters OR Multnomah ISBN 1 59052 431 4 Murdoch Joyce Price Deb 2001 Courting Justice Gay Men and Lesbians v the Supreme Court New York Basic Books ISBN 0 465 01513 1 NeJaime Douglas October 2012 Marriage Inequality Same Sex Relationships Religious Exemptions and the Production of Sexual Orientation Discrimination California Law Review 100 5 1169 1238 JSTOR 23408736 Rauch Jonathan 2004 Gay Marriage Why It Is Good for Gays Good for Straights and Good for America New York Times Books ISBN 0805076336 Sullivan Andrew November 9 2012 1989 The New Republic Here Comes the Groom A Conservative Case for Gay Marriage Slate Sullivan Andrew ed 2004 Same Sex Marriage Pro amp Con A Reader 2nd ed Vintage ISBN 1 4000 7866 0 Wolfson Evan 2004 Why Marriage Matters America Equality and Gay People s Right to Marry New York Simon amp Schuster ISBN 0 7432 6459 2 External links edit nbsp 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