Gay Marriage States: History of Same Sex Marriage in US
Feb 15, · Same-sex marriage has been legally recognized in the U.S. state of New York since July 24, under the Marriage Equality Act. The Act does not have a residency restriction, as some similar laws in other states do. It allows religious organizations Estimated Reading Time: 8 mins. The Defense of Marriage Act (DOMA) is a United States federal law passed by the th United States Congress and signed into law by President Bill elvalladolid.com defines marriage for federal purposes as the union of one man and one woman, and allows states to refuse to recognize same-sex marriages granted under the laws of other states. The act's provisions were ruled unconstitutional or left.
On June 26, the United States Supreme Court issued a landmark ruling that all gay couples nationwide have the constitutional right to marry in every state! And with marriage equality for all, that means that all 13 states that previously upheld bans on what made hurricane katrina happen marriage have now been legally enforced to reverse them.
It's been a little more than sttates years since Massachusetts became the first state to legalize gay how to pick my career quiz. And before today, 36 reognize states as well as the District of Columbia followed suit, striking down bans on same-sex marriage and awarding gay couples the same rights as heterosexual ones.
So we've put together a comprehensive state-by-state list detailing the history of gay marriage in our country, some noteworthy facts about same-sex marriage in the US, plus a geographical history map of gay marriage states.
Alabama is technically one of the states that allows gay marriage, but until the Supreme Court ruling, same-sex couples couldn't get hitched there. Less than a month after the federal court overturned Alabama's gay marriage ban, the state's Supreme Court ordered judges to stop issuing marriage 0211 to same-sex couples.
The federal judge who overturned the ban has since reaffirmed her initial ruling, but she also put enforcement of her decision on hold until the US Supreme Court's gay marriage ruling was delivered. Now that gay marriage is legal in all states, new marriage licenses can be issued to gay couples in Alabama. In NovemberAlaska became the first of two states to ban same-sex marriage in the US with a constitutional amendment.
The law shates the definition of marriage to a union between a man and a woman only. Sixteen years later, on October 17, stayes, a federal judge overturned that ban and declared it unconstitutional, making Alaska the 30th state with gay marriage. Gay marriage became legal in Arizona on October 17,when the state's mxrriage on same-sex nuptials, which was approved by voters inwas deemed unconstitutional by a federal judge.
The Arizona attorney general choose not to qhat the ruling, which meant that same-sex marriages could be performed that very statew day. How to crochet a poncho for adults a ruling issued in MayCalifornia's Supreme Court called marriage a "basic civil right" and legalized it between same-sex couples in the state.
The law went into effect on June 16 redognize was halted five months later due to the passage of Proposition 8, an amendment that upheld California's how to change your picture on youtube marriage whta by defining marriage as a union between a recognkze and a women. Same-sex couples were not permitted to marry until June 16,when the Supreme Court finally nullified the amendment in a decision.
In MayColorado legalized civil unions for both heterosexual and same-sex couples. While civil unions do provide many of the same rights awarded to married couples, those rights are only recognized at a state level; federal protections, such as tax and social security benefits, are not allowed.
It would be more than a year before Colorado finally became a gay marriage state, which happened on October 7, Same-sex couples in Connecticut were given the right to enter into civil unions in Three years later, the state's Supreme Court statss that those unions did not provide privileges equal to those awarded in marriage and struck down the state's gay marriage ban as a result.
All existing civil unions between same-sex couples were converted into marriages, and Connecticut became the third state to legalize gay marriage. Gay Marriage State Since: July 1, Delaware was another state to legalize gay marriage after ruling that civil unions did how to remove petrol from diesel tank provide gay couples with adequate benefits.
When the law went into effect in the summer ofState Senator Karen Peterson and her partner were the first same-sex couple in the state to have their civil union converted into a marriage. The law banned stares marriage in the US by defining the institution of marriage as "a legal union between one man and one woman rwcognize husband and wife.
Sgates voter-approved ban on same-sex nuptials was found unconstitutional by a US district court in August But because of a stay placed on the rceognize by the state, it martiage not end up how to create a modeling portfolio into effect until January 6, On that day, more than 1, gay marriages were performed.
Hawaii became a state where gay marriage is legal thanks to the Hawaii Marriage Equality Act, which was passed on October 28,and went staes effect on December 2. After the ruling was announced, the state's attorney general said that the bill "unequivocally affirmed the right of people to marry the person they love without regard to gender.
In May ofa US district court found Idaho's nine-year ban on same-sex marriage to be unconstitutional. After two stays delayed the ruling from going into effect many months, the conservative state finally allowed gay marriage on October 15, More than same-sex couples were married that day. Gay Marriage Fact: On June 26,18 years after DOMA banned same-sex marriage in the US, the Supreme Court struck a key part of it down, asserting that Section 3—which defined marriage as a union between a man and a women only—was unconstitutional.
As a result of this landmark ruling, legally married same-sex couples became entitled to the same federal benefits as married how to make your own audiobook couples.
On November 20,the Illinois Religious Stares and Marriage Fairness Act wjat signed into law, clearing the way for Illinois to become a gay marriage state. President Obama, who served in the Illinois General Assembly, was extremely pleased with the decision and said, "Michelle and I are overjoyed for all the committed couples in Illinois whose love will now be as legal as statss for their friends and family who have long wanted nothing more marriage to see stattes loved ones treated fairly and equally under the law.
Iowa became the first state in the Midwest to allow gay marriage on April 3, The Iowa Supreme Court unanimously struck down the state's gay marriage ban, citing it as unconstitutional. Marriage licenses began being issued to same-sex couples three weeks later. In doing so, the high court gecognize lifted gay marriage bans in those five states and cleared the way for six statfs to swiftly follow suit. Indiana first banned same-sex marriage way ,arriage in The ban whar overturned until nearly 30 years later, when the US Supreme Court made its impactful October 6 decision, immediately making Indiana a state where gay marriage is legal.
Like Alabama, Kansas was a gay marriage state in theory: The US Supreme Court's October what do rich people want decision set precedent for Kansas courts, and two what states recognize gay marriage 2011 later a judge ordered Johnson County—the most populous county in the state—to begin issuing marriage licenses to same-sex couples.
But many other counties refused to do so until they were forced by court action, which means the state's unified same-sex marriage status remained in limbo until the US Supreme Court's gay marriage ruling today.
Maine made history when it became one of the statss of three states to legalize gay marriage by popular vote. The legislation was approved by voters on November 6,and the win was regarded as a watershed moment for marriage equality, reflecting a major shift in public opinion on same-sex marriage in the US. The law took effect on December 29, Along with Maine, gay couples in Maryland also won the right to marry via popular vote in November Prior to these historic election night victories, same-sex marriage had been continually struck down by every state in the US that held a vote for it.
Maryland's state ban on gay marriage was also the country's first—it had been in effect since Gay Marriage Fact: InBarack Obama became the first sitting president in history to openly declare support for gay marriage. Massachusetts led the way: It was the first state to legalize gay marriage. It was also the sixth jurisdiction in the world behind the Netherlands, Belgium, British Columbia, Ontario and Quebec to allow same-sex marriage. According to data reviewed by the Associated Press, nearly 25, same-sex marriages have been performed in the state between and In NovemberMinnesota voters became the wat in the country to reject a constitutional amendment to ban same-sex marriage.
Stayes marriage-equality bill was passed soon thereafter and signed into law during the spring of Behind Iowa, Minnesota was the second gay marriage state in the Midwest. Before becoming the 34 th state to allow gay marriage, Montana denied marriage rights to gay couples with a statute and a amendment recpgnize the state constitution.
It was that amendment, called Initiative 96, that was overturned by a federal judge inenabling Montana to become a gay marriage state. Two days after the US Court of Appeals for the 9th Circuit a federal court with jurisdiction over numerous western states, including Nevada issued a ruling in favor of the freedom to marry, the Silver State overturned its ban on gay whhat, which had been in place since Nevada became the 26 th gay marriage state, creating a nationwide majority of states allowing same-sex marriage.
New Hampshire became one of the states in which gay marriage is legal as a result of legislation signed by the state's governor in June In addition to awarding full rights to same-sex couples, the law, which went into effect on January 1,also converted all existing same-sex civil unions into marriages.
After two same-sex marriage bills failed to become law the first was defeated by the senate in ; the second was vetoed by the governor insame-sex marriage finally became legal in the Garden State in the fall of New Mexico became the 17 th state in the US—and the first in the Southwest—to officially legalize gay marriage when the state's Supreme Court unanimously ruled in favor of freedom to marry.
Prior to this decision, the state had no specific statute or constitutional amendment addressing same-sex marriage, which meant it was left up to each county to decide if gay marriage would be permitted. The law fully grants marriage to same-sex couples while also protecting religious institutions or clergy from being penalized if they choose not to participate in a same-sex marriage ceremony.
Gay Marriage Fact: From until when Reckgnize re-legalized marriage for same-sex couplesNew York was the most populous gay marriage state in the union. North Carolina began legally recognizing gay marriage in the narriage ofwhen a US district court judge ruled that the state's year ban on same-sex marriage was unconstitutional. In Junestate legislators passed a law similar to New York's Marriage Equality Act, keeping gay marriage intact but mafriage officials the right to refuse performing same-sex unions due to religious beliefs.
Much to the dismay of the state's largely conservative lawmakers, Oklahoma's ban on same-sex marriage was lifted by the US Supreme Court's pivotal October decision. In March of the following year, state Republicans passed a law karriage county clerks from issuing marriage licenses, a move intended to make gay magriage more difficult to obtain.
The plan backfired, however, after a wave of same-sex-marriage supporters applied to become ministers so they could perform state weddings themselves. Oregon was already primed to legalize gay marriage when the state's ban was struck down by a federal district court in May Prior to that ruling, equal rights organization Oregon United for Marriage 2101 a state constitutional amendment legalizing same-sex marriage and had gathered enough signatures to put the proposal on the November 4 ballot which became unnecessary after gay marriage was legalized.
Additionally, a May poll conducted by DHM Marriags found that 58 percent of Oregon voters favored the amendment, 44 percent of which supported it strongly. Pennsylvania was the last state in the Northeast to allow gay marriage. The state's year ban on same-sex marriage was declared unconstitutional and overturned by a federal judge on Recotnize 20,who stated in his ruling that "all couples staes equal dignity in etates realm of civil marriage. InRhode Island lawmakers voted recognlze favor of becoming a gay marriage state, and the law went into effect on August 1.
Prior to signing the bill, the governor, a longtime proponent of gay marriage, wrote an op-ed for The New York Times in which he outlined his support for marriage equality and explained why the legalization of same-sex marriage in Rhode Island was critical from both a moral and an economic standpoint. South Carolina became the 35 th state to legalize gay marriage after a US district court struck down the state's constitutional ban in November According to a poll conducted by Winthrop Universityless than half of South Carolina residents A long-standing supporter of same-sex unions, Vermont was the first state to legalize staets marriage through legislation rather than a court order.
It was also the first state to offer limited benefits to same-sex couples via civil unions, which were mmarriage in the summer of And back inthe Vermont Supreme Court issued a landmark ruling which allowed women to adopt the biological children of their lesbian partners.
Along with four other statesVirginia's ban on same-sex marriage was lifted on October 6,when the US Supreme Court opted not to hear appeals on numerous same-sex marriage 20111. The ruling also paved the way for another recognizw gay rights victory in the state: Just a few days later, the Virginia Department of Social Service announced that as a result of the new law, same-sex couples would be able to legally adopt children together.
The Supreme Court's October 6 decision also legalized gay marriage in Utah. Prior to the ruling, the Beehive State had banned same-sex marriage sincefirst with a statutory law, then by a constitutional amendment passed by the state senate in According to a poll conducted by Policy.
Only 24 percent say they completely support it. Gay Marriage Fact: Inthe Netherlands whay the first country to legalize gay marriage. Along with Maine and Maryland, Washington made history when it legalized gay marriage via popular vote during the general elections. Voters weighed in on a referendum and chose to uphold a February law legalizing same-sex marriage.
The law passed by a 7. Marriage equality arrived in the Mountain State following the US Supreme Court's ruling that Virginia's ban on same-sex gqy was unconstitutional.
States That Historically Allowed Gay Marriage
The history of same-sex marriage in the United States dates from the early s, 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. The subject became increasingly prominent in U.S. politics following the Hawaii Supreme Court. Apr 25, · Whether the Defense of Marriage Act violates equal protection by denying married gay couples recognition under federal law. On June 26, , the U.S. Supreme Court ruled that section three of the so-called "Defense of Marriage Act" (DOMA) is unconstitutional and that the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal. Jun 26, · On June 26, the U.S. Supreme Court rules all state bans on same-sex marriage unconstitutional – thus allowing gay and lesbian couples to marry in all 50 states. In the months preceding that ruling, same-sex marriage becomes legal in Florida and Alabama after federal courts strike down those states’ same-sex marriage bans.
The history of same-sex marriage in the United States dates from the early s, 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.
Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act. The first legal same-sex marriage ceremony in the United States happened on February 12, , when mayor of San Francisco Gavin Newsom ordered city hall to issue marriage licenses to same-sex couples.
This decision resulted in the celebration of the first gay marriage in the United States, when Del Martin and Phyllis Lyon became the first gay couple to tie the knot and get official recognition of their fifty year relationship Marriage Equality New York. On May 17, , Massachusetts became the first U. Department of Public Health six months earlier. Just as with the Hawaii decision, the legalization of same-sex marriage in Massachusetts provoked a reaction from opponents of same-sex marriage that resulted in further legal restrictions being written into state statutes and constitutions.
The movement to obtain marriage rights for same-sex couples expanded steadily from that time until in late lawsuits had been brought in every state that still denied marriage licenses to same-sex couples.
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, , Maine , Maryland , and Washington became the first states to legalize same-sex marriage through popular vote. Same-sex marriage has been legalized in the District of Columbia and 21 Native American tribal nations as well.
The June decision of the U. Supreme Court in United States v. Windsor striking down the law barring federal recognition of same-sex marriage gave significant impetus to the progress of lawsuits that challenged state bans on same-sex marriage in federal court.
Since that decision, with only a few exceptions, U. 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. Court of Appeals for the Sixth Circuit.
The U. Supreme Court agreed to hear appeals from that circuit's decision. On June 26, , the U. 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.
Historical documents do record numerous examples of same-sex couples living in relationships that functioned as marriages even if they could not be legally sanctified as such. Same-sex marriage was, however, rarely mentioned or recognized as a political issue before the s. In August , officials of the U. The Minnesota Supreme Court ruled in October that Minnesota's laws prohibiting marriages between same-sex partners did not violate the federal constitution. In October , the U. Supreme Court declined to consider the case, Baker v.
Nelson , "for want of a substantial federal question. The next year, the National Coalition of Gay Organizations called for the repeal of all statutes limiting marriage to different-sex couples and for extending the legal benefits of marriage to all cohabiting couples. Several states enacted bans on same-sex marriage in the late s as well, including Virginia in ,  and Florida,  California,  and Wyoming in In the late s, activists debated whether marriage rights should be at the forefront of the broader campaign for LGBT equality.
Some of the oldest groups saw marriage as a contradiction of the radical origins of the gay rights movement in the sexual liberation movement of the s. Others raised the tactical objection that a step-by step campaign that focused on near-term potential victories like anti-discrimination statutes stood a greater chance of long term success. He identified himself as part of a "silent majority" of non-radicals unrepresented in media depictions of gay and lesbian life and criticized the gay community for identifying homosexuality with sexual behavior.
The issue of marriage had enough appeal within the gay and lesbian community that in April , as part of the demonstrations surrounding the gay rights march in Washington, D. The Hawaii case of Baehr v. Miike attracted national attention when the Hawaii Supreme Court on May 5, , ordered a trial court to consider whether the state could demonstrate that denying marriage licenses to same-sex couples "furthers compelling state interests and is narrowly drawn to avoid unnecessary abridgments of constitutional rights.
Congressional reaction to that ruling, partly in anticipation of the approaching presidential election, resulted in the enactment of the Defense of Marriage Act DOMA , which denied federal recognition of same-sex marriages.
President Bill Clinton signed it into law on September 21, In parallel with the campaign for same-sex marriage, LGBT civil rights gained legal recognition. In , the U. Department of Public Health that denying marriage rights to same-sex couples violated the Massachusetts Constitution. In February and March , city officials in San Francisco issued marriage licenses to about same-sex couples before being ordered to stop by the California Supreme Court.
On November 2, , voters in eleven states— Arkansas , Georgia , Kentucky , Michigan , Mississippi , Montana , North Dakota , Ohio , Oklahoma , Oregon , and Utah —approved state constitutional amendments defining marriage as the union of one man and one woman. The adverse reactions continued in Alabama voters approved a state constitutional amendment defining marriage as the union of one man and one woman on June 6.
California Governor Arnold Schwarzenegger twice vetoed legislation that would have made same-sex marriage legal there, in September  and October On May 15, , the Supreme Court of California issued a decision that legalized same-sex marriage in California, holding that California's existing opposite-sex definition of marriage violated the constitutional rights of same-sex couples.
In two more states, Arizona and Florida, voters approved constitutional amendments defining marriage as the union of one man and one woman. On October 10, , the Connecticut Supreme Court ruled that the state's civil unions statute discriminated against same-sex couples and required the state to recognize same-sex marriages.
In August and September, the national political parties addressed same-sex marriage in their party platforms. The Democratic National Convention adopted a platform that "oppose[s]the Defense of Marriage Act and all attempts to use this issue to divide us" and suggested support for same-sex marriage: "We support the full inclusion of all families, including same-sex couples, in the life of our nation, and support equal responsibility, benefits, and protections. Brien that denying marriage rights to same-sex couples violated the state constitution,  and licenses became available on April On April 7, , Vermont legalized same-sex marriage through legislation.
The Governor of Vermont had previously vetoed the measure, but the veto was overridden by the Legislature. Vermont was the first state in the United States to legalize same-sex marriage through legislative means rather than litigation.
On June 3, , New Hampshire by enacting legislation became the sixth state to legalize same-sex marriage,  effective January 1, On December 18, , the Council of the District of Columbia enacted legislation legalizing same-sex marriage  and same-sex marriage licenses became available on March 3, On May 6, , Maine Governor John Baldacci signed a law legalizing same-sex marriage, becoming the first state governor to do so.
It was repealed by referendum in November Barney Frank opposed the move because he thought its enactment impossible. As of January [update] , 29 states had constitutional provisions restricting marriage to one man and one woman, while 12 others had statutes that did so.
Washington Governor Christine Gregoire signed same-sex marriage legislation into law on February 13, The Republican National Convention approved a platform that asserts the right of the federal government and each state to deny legal recognition to same-sex marriages and endorsed a constitutional amendment defining marriage as the union of one man and one woman. On May 8, , North Carolina voters approved a constitutional amendment banning same-sex marriage as well as all other types of same-sex unions.
In the regular November elections, voters for the first time approved the legalization of same-sex marriage by popular vote in three states: Maine , Maryland , and Washington. Maine's law took effect on December 29, Supreme Court issued a 5—4 decision in United States v.
On August 4, , a decision by a U. District Court in Perry v. Schwarzenegger ruled that California's Proposition 8 was unconstitutional. New Jersey began issuing same-sex marriage licenses on October 21, , following a September 27 state superior court decision that found an equal protection right of same-sex couples to marry.
It reasoned that with the U. Supreme Court's recent action in United States v. Windsor , couples in New Jersey civil unions lacked access to federal benefits they could now receive if married. Eight New Mexico counties, either on the basis of a court decision or their clerks' own volition, began issuing marriage licenses to same-sex couples in August Several jurisdictions enacted same-sex marriage in Rhode Island enacted legislation on May 2, which took effect August 1;  Delaware enacted legislation on May 7, which took effect July 1;  and Minnesota enacted legislation on May 14, which took effect August 1.
The law took effect on December 2, On December 20, , U. District Court Judge Robert J. Shelby found Utah's same-sex marriage ban unconstitutional in Kitchen v.
Supreme Court on January 6, On January 10, U. Attorney General Eric Holder announced that the federal government would recognize the marriages of same-sex couples who married in Utah between December 20, , and January 6, On May 19, , U.
District Judge Michael J. McShane ruled in Geiger v. Kitzhaber that Oregon's voter-approved constitutional amendment banning same-sex marriage was unconstitutional. On May 20, , U. District Judge John E. Supreme Court Justice Samuel Alito , Circuit Justice for the Third Circuit, denied the clerk's application for a stay on July 8, , and the Third Circuit denied the clerk's petition to rehear her case for intervention on August 4, Caldwell , upholding Louisiana's ban on same-sex marriage.
Supreme Court ruling in Windsor in June to uphold the constitutionality of a state ban on same-sex marriage. On October 6, , the U. Supreme Court declined to take action on all five cases it had been asked to consider from appellate courts in the Fourth, Seventh, and Tenth Circuits, allowing the circuit court decisions striking down marriage bans to stand.