It seems that the judicial decisions and legislative acts coming down in favor of marriage equality lately have come at an extremely rapid pace. So, I thought it would be good to pause for just a moment and take stock of where we are with regard to marriage equality issues. Let's go below the fold and take a look. And, perhaps celebrate a bit.
Which states are recognizing and currently allowing additional same-sex marriages? There are nineteen now (not including the District of Columbia). They are (in no particular order):
Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, Rhode Island, Maine, New York, New Jersey, Minnesota, Illinois, California, Washington, Oregon, Hawaii, New Mexico, Delaware, Pennsylvania, and Maryland
There are a number of other states in which judges have struck down same-sex marriage bans, but those rulings are on hold because of appeals and stays issued. They are:
Utah, Oklahoma, Virginia, Texas, Idaho, Michigan, and Arkansas
There are a number of other states where judges have issued partial marriage equality rulings (for out of state marriages or for the marriages of certain couples). Those rulings have been appealed and are stayed pending appeal. They are:
Ohio, Tennessee, Kentucky, and Indiana
A District Court Judge in Nevada upheld that state's marriage ban in Nov. 2012, and it has been appealed to the Ninth Circuit. Nevada officials have decided not to defend the ban in the Ninth Circuit after a panel in that appeals court ruled that laws that single out gays and lesbians were subject to heightened scrutiny in the SmithKline case. At least one judge wants an en banc hearing regarding that ruling in SmithKline, and we should learn the results of that request fairly soon.
There are pending marriage equality appeals in the Fourth, Fifth, Sixth, Seventh, Ninth, and Tenth Circuits. Hearings have occurred in the Tenth and Fourth Circuits so far.
The states where we have full marriage equality just since the SCOTUS issued its rulings in the Windsor and Hollingsworth cases last June are:
New Jersey, New Mexico, Hawaii, Illinois, Pennsylvania, and Oregon.
From Law Professor Ari Ezra Waldman Writing For
Towleroad:
The unbroken string of courtroom victories over the last year is indebted to Justice Kennedy's decision in United States v. Windsor. And the opinions, for the most part, rely on similar substantive grounds. Granted, some judges analyze both due process and equal protection arguments, while others stop after one or the other; some call for heightened scrutiny, while others decide not to touch it. But there is remarkable overlap and, as I've argued before, a new normal is emerging.
But let's see an even broader picture. We know that nationwide support for same-sex marriage rights is at an all time high. We also know that gay legal advocates have won an unbroken string of victories since Windsor, and have been winning victories since Mary Bonauto and the Gay and Lesbian Advocates and Defenders represented Nancy Gill in the District of Massachusetts. The two are likely correlated. Legal victories provide legitimacy to seemingly controversial opinions, and piling on victory after victory makes those on the fence realize that what seemed so foreign to them at one time is pretty mainstream.
And, there are marriage equality lawsuits in progress in all the rest of the other states not mentioned above except North Dakota and South Dakota. A new lawsuit was filed in Montana on May 21.
Some of the states with full marriage equality gained equality through the federal courts (such as California and Oregon). Some states have gained equality through the state courts (such as Massachusetts, Connecticut, and New Mexico). Some have gained equality though their state legislatures (such as Minnesota, New York, and Delaware). And, others have achieved equality through state ballot measures (such as Maine, Maryland, and Washington).
According to Freedom to Marry, forty-four percent of Americans live in states with marriage equality. And, there are seventy (continuing) marriage equality cases in thirty states/territories.
It's been quite a race for equality so far. Keep it up, and let's win marriage equality nationwide!