It is common for many of us to think of the modern Marriage Equality movement in the United States as starting in the 90’s but when did the movement really have its beginning? Let’s take a look at the timeline.
*1972 – On October 10, 1972; Baker v Nelson. The US Supreme Court dismisses this case from Minnesota for want of a substantial Federal question.
*1973 – Maryland becomes the first state to pass a statute banning marriage between same sex couples (January) and in November the Kentucky Court of Appeals in Jones v Hallahan ruled that same sex couples could not marry.
*1974 – Washington Court of Appeals denies the case brought by John Singer and Paul Barwick challenging the denial of freedom to marry.
*1975 – Marriage license issued to a same sex couple by County Clerk Clela Rorex in Boulder Colorado who finds nothing in Colorado law against it. The couple applies for an immigrant VISA for Anthony Sullivan from Australia which was denied and the response from the Immigration service was You have failed to establish that a bona fide marital relationship can exist between two faggots. (More on this case)
As you will see from the following timeline this struggle was largely silent for 18 years. Continue reading below the fold for the rest of the timeline.
*1993 – On May 5, the Hawaii Supreme Court rules in Baehr v. Lewin that denying marriage to same sex couples violates the Equal Protection Clause of the Hawaii Constitution. The court turns the case back to the legislature to justify their denial of the right to marry.
*1996 – President Clinton signs DOMA into law.
*1998 – Hawaii voters amends the Hawaii Constitution to deny same sex couples the right to marry and to prevent the state courts from ending the exclusion of same sex couples.
*1999 – On September 22nd, California becomes the first state to create domestic partnership to same sex couples, affording some of the rights of marriage. On December 20th, the Vermont Supreme Court rules in Baker v State that same sex couples must be treated equally to different sex married couples. The Vermont legislature responds by establishing Civil Unions which goes into effect on July 1, 2000.
*2000 – Nebraska voters passes Initiative Measure 416 which amends the Constitution to prohibit any recognition for same sex couples.
*2003 – Evan Wolfson founds Freedom to Marry and begins the official organization to bring a United Front to the cause.
*November 18, 2003 – Massachusetts Supreme Court rules in Goodridge v Department of Public Health that same sex couples must be allowed to marry and that lesser mechanisms such as Civil Union are not good enough.
*2004 – Massachusetts becomes the first state allowing same sex couples to marry, beginning on May 17th.
*November 2, 2004 – Anti-gay forces marshaled by Karl Rove push Constitutional amendments banning all forms of legal recognition for same sex couples in 9 states and denial of marriage in 3 states.
*2005 – Louisiana passes Constitutional amendment banning marriage for same sex couples. Connecticut Governor signs Civil Union bill into law on April 20th, affording only some rights for same sex couples. On September 6 the California legislature becomes the first state legislature to pass freedom to marry bill, but it is vetoed by Governor Schwarzenegger. On November 2, Texas passes Constitutional Amendment to ban marriage for same sex couples.
*2006 – On October 25, the New Jersey Supreme Court issues unanimous ruling that same sex couples are entitled to all state-level spousal rights, however the court defers to the legislature to decide if this will be marriage or some other legal term and in December the legislature opts to implement Civil Union instead.
*2007 – Washington Governor signs Domestic partnership into law.
*2008 – May 15, the California Supreme Court overturns Prop 22 and mandates that same sex couples must be allowed to marry. Marriages began on June 16. However NOM (National Organization for Marriage) came in from out of state and lobbied to put Proposition 8 (commonly called Prop H8) on the ballot. Sadly this was voted into the state Constitution and marriage was once again out of reach for same sex couples. During this year Maryland signs Domestic Partnership bill and the Connecticut Supreme Court rules that same sex couples must be allowed to marry.
*2009 – Iowa Supreme Court rules unanimously that same sex couples must be allowed to marry. Maine Governor signs freedom to marry bill into law. In May the California Supreme Court ruled that marriages predating the passage of Prop H8 must continue to be recognized. In other states, Nevada approves Domestic Partnership bill, New Hampshire Governor passes freedom to marry bill into law and the District of Columbia also passes freedom to marry bill into law. On the downside, anti-gay forces in Maine push through a Constitutional amendment banning marriage for same sex couples.
Now begins the timeframe in which the fight for Marriage Equality starts a dramatic shift forward with wins both at the ballot and through the courts increasing exponentially!
*2010 – Us District court rules that California Prop H8 violates the US Constitution.
*2011 – Illinois Governor signs Civil Union bill into law. On February 23, President Obama and the AG announce they will no longer defend DOMA. On June 24, New York Governor signs freedom to marry bill into law. On March 16, the Respect for Marriage Act which would overturn DOMA was introduced in Congress.
*2012 Positive Developments – 1. Maine introduces a ballot initiative to allow same sex couples to marry. (It should be noted that this initiative was only 3 years after voters passed a Constitutional amendment banning marriage) 2. February 7, the US Appeals Court upholds the earlier District court ruling that California Prop H8 is unconstitutional. On June 28, 2012 marriage equality once again comes back to California after the Supreme Court declines to rule on the merits of Hollingsworth v. Perry based on lack of standing. 3. US District court rules that DOMA, section 3 is unconstitutional. 4. Maryland Governor signs freedom to marry bill into law. 5. President Obama comes on board supporting Marriage Equality. 6. US Court of Appeals finds DOMA unconstitutional in certain cases. 7. US District Court finds DOMA, section 3 unconstitutional. 8. US District judge in Connecticut finds DOMA unconstitutional. 9. The Democratic Party adds Marriage Equality to their official platform. 10. Pivotal win at the ballot box: in 4 states (Maine, Maryland, Minnesota and Washington) Marriage Equality wins at the ballot!
*2012 Negative Developments – 1. Washington Governor signs freedom to marry bill into law but it was put on hold pending an anti-gay ballot initiative. 2. New Jersey legislature approves freedom to marry but the Governor vetoed it. 3. North Carolina passes Constitutional amendment banning all recognition for same sex couples.
*2013 – National poll shows majority support for Marriage Equality for the first time. Rhode Island Governor signs freedom to marry bill into law as does Delaware, Minnesota and Illinois. New Mexico Supreme Court extends marriage to same sex couples. Huge win: The US Supreme Court overturns DOMA, section 3 on June 26th, thereby forcing the Federal Government to recognize marriages of same sex couples.
*2014 A Big year –As of October 6th, in all through various Federal Appeals court rulings and the denial of review by the Supreme Court the following states win Marriage Equality: Utah, Oklahoma, Virginia, Indiana, Wisconsin, Colorado, Kansas (note), North Carolina, West Virginia and Wyoming. By my count this brings the number of marriage equality states to 30!
There is some uncertainty in Kansas with questions as to whether the US Judges ruling applies to all counties or only some.
*2014 October 7 through end of year - US Court of Appeals for the 9th circuit rules in favor of marriage equality and soon after Arizona and Alaska support marriage for same sex couples. However, on November 6th, the US Court of Appeals for the 6th circuit reverses the lower court marriage equality ruling affecting Kentucky, Michigan, Ohio and Tennessee. On November 25, US District judge in Arkansas rules in favor of marriage equality, put on hold pending appeal.
*2015 – A temporary stay on a previous ruling in Florida expires and same sex couples begin marrying on January 6, 2015. US District judge in South Dakota overturns state marriage ban, put on hold pending appeal. On January 16, US Supreme Court grants review of the out-of-step ruling from the 6th Circuit and oral arguments were heard on April 28th. US District judge overturns Alabama’s marriage ban and marriage equality comes to the state on February 9th. (Note)
Due to Alabama Chief Justice Moore the status of marriages in Alabama is in limbo. Moore directed state officials not to issue marriage licenses to same sex couples, in contravention to the Federal Court ruling.
Sometimes I am truly amazed at how fast the fight for Marriage Equality has progressed. Prior to about 10 years ago I never believed I would live to see the day that we would secure the right to Marriage Nationwide! But for about the last 7 years I have been confident that I will see this day and that day is coming sooner than most people would have realized. In fact for the last 3 or 4 years I have predicted that late 2014 or 2015 would be the year that we would finally achieve Nationwide Marriage Equality.
With the Supreme Court hearing oral arguments on April 28th, their ruling is expected to be announced by the end of June (2015) and all signs indicate that they will rule for Nationwide Marriage Equality! I think at this point that virtually all Constitutional scholars and legal experts agree on this. See: Likely Supreme Court Ruling
At current count, 37 states and approximately 72% of American citizens live in states which have Marriage Equality! Yoo hoo!! :) Now it is time to make it the law of the land!
The long battle for Marriage Equality is winding to a close and I feel confident it will be an historical and positive close to this debate once and for all.
Sources:
freedomtomarry.org
Various Wikpedia and other online sources.
Corrections: a reader alerted me to an incorrect date regarding marriages in Florida. I originally mistakenly cited December, 2014 when it was in fact January 6th, 2015. Thank you for catching this.