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

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.

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

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 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,[13] tribal council rulings,[14] and popular referendums.[15][16][17]

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.[18]

Federal law

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.[19]

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.[20]

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.[21] Even before DOMA, however, states sometimes refused to recognize a marriage from another jurisdiction if it was counter to its "strongly held public policies".[22] 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.[lower-alpha 1]

DOMA's Section 3 defined marriage for the purposes of federal law as a union of one man and one woman.[25] 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.[26] Beginning in 2010, eight federal courts found DOMA Section 3 unconstitutional in cases involving bankruptcy, public employee benefits, estate taxes, and immigration.[27][28][29] 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.[30] The U.S. Supreme Court ruled in Windsor on June 26, 2013, that Section 3 violated the Fifth Amendment.[31][lower-alpha 2]

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.[32][33][34][35] 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.[36] Likewise in June 2014, family medical leave benefits under the Family Medical Leave Act 1975 were extended to married same-sex couples.[37] 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.[38][39] 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.[40][41] Following the Obergefell decision, the Justice Department extended all federal marriage benefits to married same-sex couples nationwide.[20]

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.[42] 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.[43]

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.[44] 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.[45]

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.[46] In December, the Senate passed the bill 61–36, and the House again voted 258–169 to pass it.[47] President Joe Biden signed it into law on December 13, 2022.[48]

State and territorial recognition

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.[49] 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.[50] 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,[51] subsequently being suspended from the bench for the remainder of his term on September 30 of that year.[52]

Counties not issuing marriage licenses

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.[53] Starting in 2017, they refused to comment on what they would do if a same-sex couple were to apply for license.[54] 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.[55]
  • 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.[56][57] 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.[58] The Alabama Legislature passed a bill replacing marriage licenses with marriage certificates in May 2019.[59] 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.[60]

Parental rights

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.[61][62]

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.[63]

Tribal law

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.[64] 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.[65]

Local laws prior to Obergefell v. Hodges

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'".[66] 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,[67] 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 territoryPopulation[68]Date of Enactment/RulingDate EffectiveLegalization methodDetails
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.[69]
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.[70]
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.[71] 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.[72]
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.[73] District Court of Guam ruling in Aguero v. Calvo upholding the earlier decision by the Ninth Circuit.[74] Marriage Equality Act, incorporating the decision, passed by the Guam Legislature went into effect on August 27, 2015.[75]
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,[76] upheld by the Ninth Circuit.[77]
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.[78]
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.[79]
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.[80]
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.[81] 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.[82][83]
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.[84]
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.[85]
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.[86]
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.[87]
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.[88]
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.[89] The Fourth Circuit Court of Appeals affirmed the U.S. district court ruling in Bostic v. Schaefer.[90] 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.[91]
Washington (state) 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.[92] 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.[93]
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.[94]
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.[95]
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

Support

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.[96]

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".[97] 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".[98] 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".[99] 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".[100]

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."[101]

Journalist Gail Mathabane likens prohibitions on same-sex marriage to past prohibitions on interracial marriage in the United States.[102] Author Fernando Espuelas argues that same-sex marriage should be allowed because it recognizes the civil right of a minority.[103] 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."[104]

Role of social media

Supporters of same-sex marriage successfully utilized social media websites such as Facebook to help achieve their aims.[105] 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.[106]

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.[107] At the time of the court hearings, an estimated 2.5 million Facebook users changed their profile images to a red equal sign.[108]

Opposition

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.[109] While some researchers question the definitiveness of the evidence,[110] 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.[96]

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.[111] 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.[112]

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.[113] However, there are faith-based supporters of same-sex marriage, and homosexual people of faith, within every faith group.[114] The Church of Jesus Christ of Latter-day Saints opposed the legalization of same-sex marriage[115] but in 2022, endorsed a federal bill[116] requiring states and territories to honor same-sex marriages solemnized in other states (though it reiterated that church doctrine would not change).[117]

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.[118][119][120]

Politicians and media figures

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.[121][122] During the 2008 presidential campaign, he was opposed to same-sex marriage,[123] but he also opposed the 2008 California referendum that aimed at reversing a court ruling establishing same-sex marriage there.[124] 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.[125][126] 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.[127] 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".[128] 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.[129] 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.[130]

— 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."[131] 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.[132] 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,[133] namely Attorney General Jeff Sessions and Secretary of Education Betsy DeVos.[134]

Former presidents Bill Clinton,[135] Jimmy Carter,[136] and Barack Obama, former vice presidents Dick Cheney,[137] Al Gore,[138] Walter Mondale,[139] and Joe Biden have voiced their support for same-sex marriage, as have former first ladies Laura Bush,[140] Hillary Clinton,[141] Michelle Obama,[142] and Nancy Reagan.[143] 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;[144] George W. Bush reportedly offered to officiate the same wedding,[145] 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.[146] By April 2013, a majority of the Senate had expressed support for same-sex marriage.[147] Senator Rob Portman of Ohio became the first sitting Republican senator to endorse same-sex marriage in March 2013,[148] followed by Senator Mark Kirk of Illinois in April,[149] Senator Lisa Murkowski of Alaska in June,[150] and Senator Susan Collins of Maine a year later.[151]

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?'"[152][153]

Studies

Adolescent attempted suicide

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".[154][155][156][157][158]

Economic impact on same-sex couples

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.[159] 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.'"[160] 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.[160] One study found that the difference in Social Security income for same-sex couples compared to opposite-sex married couples was per year.[161]

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[161]
  • 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[160]
  • 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[160][lower-alpha 3]
  • Employer-provided health insurance coverage for a same-sex partner incurred federal income tax[160]
  • 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[161]
  • Inability to protect jointly owned home from loss due to costs of potential medical catastrophe[161]
  • Inability of a U.S. citizen to sponsor a same-sex spouse for citizenship[161]

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.[163] Only 18% of private employers offered domestic partner health care benefits.[161]

Same-sex couples face the same financial constraints of legal marriage as opposite-sex married couples, including the marriage penalty in taxation.[160] 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.[160]

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.[164]

Economic impact on the state and federal governments

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.[160]

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.[165][166][167]

Mental health

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.[168]

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.[169][170][171]

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.[172]

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.[173]

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.[174]

Physical health

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.[175][176] 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.[177]

The Fox sitcom Roc was the first sitcom to feature a same-sex marriage in 1991.[178] 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.[179][180]

The 22nd season premier of the PBS animated-show Arthur featured the marriage of teacher Mr. Ratburn and his male partner.[181] Alabama's public television channel refused to air the episode.[182]

Marriage statistics

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.[183] 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.[184] Numbers from 2015 showed a large increase to 250,450 marriages.[185] According to Census Bureau data, heterosexual marriages still accounted for about 98 percent of marriages for people under 35 in 2021.[186] 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.[185]

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.[187]

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.[188]

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.[189]

Case law

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

1970s

  • 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.[190]
  • 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

  • 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.[191]

1990s

  • 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

  • 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.[192]
  • 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.[193]
  • 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.[194]
  • 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.[195]
  • 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.[196]
  • 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

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.[198]
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".[199]
  • Port v. Cowan (2010–2012). Maryland must recognize valid out-of-state same-sex marriages under doctrine of comity.[200]
  • 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.[201]
  • Whitewood v. Wolf (Pennsylvania). On May 20, 2014, Judge John E. Jones III rules that Pennsylvania's same-sex marriage ban is unconstitutional.[202]
  • 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.[203]
  • 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.[204] The Supreme Court denied review on October 6.[201]
  • 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.[205] The U.S. Supreme Court denied review on October 6.[201]
  • 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.[206] The Supreme Court denied review on October 6.[201]
  • 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.[207]
  • 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.[208] The state chose not to appeal.[209]
  • 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

Degree of public support for same-sex marriage by state in 2022:[210]
   80–83%
   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.[211]

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.[212]

As of 2016, 83% of Americans aged 18–29 supported same-sex marriage.[213]

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.[210]

As of 2018, 60% of Americans said they would not mind if their child married someone of the same gender.[214]

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).[215][216][217] In 2022, a new record high of 71% of respondents stated that same-sex marriage should be legally recognized as valid under the law.[218]

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.[219]

See also

Legislation

Miscellaneous

Notes

  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,[23] 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).[24]
  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.[162]

References

  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. "LGBT RIGHTS". House.gov. Archived from the original on April 29, 2019. Retrieved December 12, 2018.
  5. 1 2 "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.
  6. 1 2 Newport, Frank (May 20, 2011). "For First Time, Majority of Americans Favor Legal Gay Marriage". Gallup. Retrieved July 20, 2022.
  7. 1 2 McCarthy, Justin (May 19, 2015). "Record-High 60% of Americans Support Same-Sex Marriage". Gallup. Retrieved July 20, 2022.
  8. 1 2 McCarthy, Justin (June 8, 2021). "Record-High 70% in U.S. Support Same-Sex Marriage". Gallup.com. Retrieved July 19, 2022.
  9. ↑ 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.
  10. ↑ Gumbel, Andrew (June 20, 2009). "The Great Undoing?". The Advocate. Retrieved July 9, 2012.
  11. ↑ "UNITED STATES v. WINDSOR" (PDF). supremecourt.gov. October 2012. Retrieved August 28, 2022.
  12. ↑ "OBERGEFELL v. HODGES". LII / Legal Information Institute. Retrieved August 29, 2022.
  13. ↑ Glenn Adams and David Crary, "Maine voters reject gay-marriage law", November 4, 2009
  14. ↑ Houston, Sonya (March 17, 2013). "Tribe marries same-sex couple but state won't recognize it". CNN. Retrieved March 18, 2013.
  15. ↑ "For first time, voters back gay marriage in statewide votes". NBC News. Retrieved November 7, 2012.
  16. ↑ "Washington State Senate approves same-sex marriage". MSNBC. February 1, 2012. Archived from the original on February 2, 2012.
  17. ↑ "KBIC Council Shake-Up; Casino Plan Rejected". The Keweenaw Report. December 14, 2014. Retrieved December 14, 2014.
  18. ↑ "Supreme Court gay marriage decision: Full text of Obergefell ruling". Politico. June 26, 2015.
  19. ↑ "2004 updated report of the GAO" (PDF). GAO. January 23, 2004. Retrieved December 20, 2011.
  20. 1 2 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 November 10, 2016.
  21. ↑ Wermiel, Stephen (March 23, 2012). "SCOTUS for law students: The Defense of Marriage Act and the Constitution". SCOTUSblog. Retrieved September 23, 2014.
  22. ↑ Wolff, Tobias Barrington (July 21, 2011). "DOMA Repeal and the Truth About Full Faith & Credit". The Huffington Post. Retrieved September 23, 2014.
  23. ↑ "Memorandum Opinion, Bouke v. Beshear". U.S. District Court for the Western District of Kentucky. February 12, 2014.
  24. ↑ "Order and Reasons, Robicheaux v. Caldwell". U.S. District Court for the Eastern District of Louisiana. September 3, 2014.
  25. ↑ 1 U.S.C. § 7.
  26. ↑ Goodnough, Abby; Schwartz, John (July 8, 2010). "Judge Topples U.S. Rejection of Gay Unions". The New York Times. Retrieved June 2, 2011.
  27. ↑ "The Defense of Marriage Act". Freedom to Marry. Retrieved July 19, 2012.
  28. ↑ Lavoie, Denise (May 31, 2012). "DOMA Ruled Unconstitutional By Federal Appeals Court". The Huffington Post. Retrieved July 19, 2012.
  29. ↑ Malewitz, Jim (October 18, 2012). "Defense of Marriage Act Discriminates Against Gays, Federal Court Rules". Pewstates.org. Retrieved October 20, 2012.
  30. ↑ Tiven, Rachel. "Edie Wins! Another Ruling Against DOMA, What It Means". Immigration Equality (organization). Archived from the original on October 27, 2012. Retrieved October 23, 2012.
  31. ↑ "Live Analysis of the Supreme Court Decisions on Gay Marriage". New York Times. June 26, 2013. Retrieved June 26, 2013.
  32. ↑ "After DOMA: Military Spousal Benefits". Lambda Legal. November 15, 2013. Retrieved December 19, 2017.
  33. ↑ Condon, Stephanie (June 26, 2014). "One year after DOMA ruling, same-sex couples still face benefits gaps". CBS News. Retrieved December 19, 2017.
  34. ↑ Wolf, Richard (September 4, 2013). "Veterans' same-sex spouses eligible for federal benefits". USA Today. Retrieved September 4, 2013.
  35. ↑ "John Kerry Announces Visa Changes for Same-Sex Couples". U.S. Embassy Kuala Lumpur. August 2, 2013. Archived from the original on March 22, 2014. Retrieved July 26, 2014.
  36. ↑ Perez, Evan (February 10, 2014). "U.S. expands legal benefits, services for same-sex marriages". CNN. Retrieved July 26, 2014.
  37. ↑ Chappell, Bill (June 20, 2014). "Married Same-Sex Couples To Receive More Federal Benefits". NPR. Retrieved July 26, 2014.
  38. ↑ Glenza, Jessica (June 20, 2014). "Federal agencies roll out benefits for married same-sex couples". The Guardian. Retrieved July 26, 2014.
  39. ↑ Capehart, Jonathan (May 9, 2014). "Fix the Social Security discrepancy DOMA left behind". The Washington Post. Retrieved July 26, 2014.
  40. ↑ Forman, Shira (February 27, 2015). "DOL Issues Final Rule Amending FMLA Definition of "Spouse" to Include Same-Sex Marriages". Sheppard Mullin Richter & Hampton LLP. Retrieved February 28, 2015.
  41. ↑ Trotier, Geoffrey S. (February 24, 2015). "FMLA "Spouse" Definition Now Includes Same-Sex Spouses and Common-Law Spouses". The National Law Review. von Briesen & Roper, s.c. Retrieved February 28, 2015.
  42. ↑ Johnson, Chris (September 19, 2014). "DOJ pressured to recognize same-sex marriages in 3 states". Washington Blade. Retrieved September 24, 2014.
  43. ↑ "Cruz, Lee introduce 'State Marriage Defense Act'". The Washington Post. February 2014.
  44. ↑ "Senate blocks same-sex marriage ban". CNN. June 7, 2006. Archived from the original on May 11, 2008. Retrieved July 5, 2006.
  45. ↑ "Alabama House approves call to put same-sex marriage ban in U.S. Constitution". Montgomery Advertiser. April 2, 2014. Archived from the original on April 12, 2014. Retrieved April 3, 2014.
  46. ↑ Foran, Clare; Wilson, Kristin (July 19, 2022). "House passes bill to protect same-sex marriage in effort to counter Supreme Court". CNN. Retrieved July 19, 2022.
  47. ↑ Wang, Amy (December 8, 2022). "House passes landmark legislation to protect same-sex, interracial marriages". Washington Post. Retrieved December 8, 2022.
  48. ↑ Shear, Michael D. (December 13, 2022). "Biden Signs Bill to Protect Same-Sex Marriage Rights". The New York Times. ISSN 0362-4331. Retrieved December 13, 2022.
  49. ↑ "Same-sex marriage: American Samoa may be the only territory in the US where the historic Supreme Court ruling does not apply". The Independent. July 10, 2015. Retrieved September 2, 2015.
  50. ↑ Williams, Pete (January 6, 2016). "Alabama Chief Justice Orders Halt to Gay Marriage". NBC News. Retrieved January 6, 2016.
  51. ↑ "Alabama's top judge faces ethics charges over gay-marriage order". Reuters. May 7, 2016.
  52. ↑ Faulk, Kent (September 30, 2016). "Alabama Supreme Court Chief Justice Roy Moore suspended for rest of term". Alabama Media Group. Retrieved September 30, 2016.
  53. ↑ "Is Gay Marriage Legal in Texas?". texasdivorcelaws.org. April 21, 2022. Retrieved August 29, 2022.
  54. ↑ Young, Stephen (April 12, 2017). "Texas Senate Approves Recusals For County Clerks Opposed to Same-Sex Marriage". Dallas Observer.
  55. ↑ "Irion County Clerk".
  56. ↑ "Eight Alabama counties still refuse to issue marriage licenses despite gay marriage ruling". AL.com. Retrieved October 21, 2016.
  57. ↑ "2yrs later, 7co. still not issuing same-sex marriage licenses". Alabama Today. June 29, 2017. Retrieved July 7, 2017.
  58. ↑ "Alabama judges use segregation-era law to avoid gay marriage". AL.com. Retrieved October 21, 2016.
  59. ↑ Kirby, Brendan. "Here's how getting married in Alabama will change with no marriage licenses". FOX10 News. Retrieved August 29, 2019.
  60. ↑ "One year after marriage ruling, pockets of defiance remain". Washington Blade: Gay News, Politics, LGBT Rights. June 22, 2016. Retrieved July 17, 2016.
  61. ↑ "Same-Sex Couples Can Now Adopt Children In All 50 States". The Huffington Post. March 31, 2016.
  62. ↑ "Judge Invalidates Mississippi's Same-Sex Adoption Ban, the Last of Its Kind in America". Slate. March 31, 2016.
  63. ↑ Gay Couples Entitled to Equal Treatment on Birth Certificates, Justice Rule The New York Times, June 26, 2017
  64. ↑ Julian Brave NoiseCat (July 2, 2015). "Fight For Marriage Equality Not Over On Navajo Nation". The Huffington Post. Retrieved July 2, 2015.
  65. ↑ "Here's How Same-Sex Marriage Laws Differ On Tribal Lands". BPR. September 30, 2021. Retrieved August 29, 2022.
  66. ↑ "Petition Granted". Scribd.com. Supreme Court of Alabama. p. 27. Retrieved March 24, 2015.
  67. ↑ DeMillo, Andrew (June 9, 2015). "Judge: Arkansas Must Recognize in-State Same-Sex Marriages". ABC News. Associated Press. Retrieved June 9, 2015.
  68. ↑ U.S. Census estimate, 2014: "State Totals: Vintage 2014". Annual Population Estimates. United States Census Bureau. Archived from the original on December 25, 2014. Retrieved December 26, 2014. The Census Bureau population estimate for 2014 was 318,857,056 for the states and the District of Columbia.
  69. ↑ "Federal judge rules Alaska's same-sex marriage ban unconstitutional". Alaska Dispatch. October 12, 2014. Retrieved October 12, 2014.
  70. ↑ "Connoly v. Jeanes, order and opinion". United States District Court for the District of Arizona. Retrieved October 17, 2014.
  71. ↑ "Prop. 8 officially out — SF weddings begin". San Francisco Chronicle. Retrieved June 28, 2013.
  72. ↑ Gutierrez, Melody (July 7, 2014). "California removes 'husband' 'wife' from marriage statutes". San Francisco Chronicle. Retrieved October 6, 2014.
  73. ↑ Geidner, Chris (April 14, 2015). "Marriage Equality Comes To Guam". BuzzFeed. Retrieved April 14, 2015.
  74. ↑ Miculka, Cameron (June 5, 2015). "Court strikes down Guam's same-sex marriage ban". Pacific Daily News. Retrieved June 29, 2015.
  75. ↑ "Guam passes marriage equality and employment nondiscrimination acts". Metro Weekly. August 12, 2015. Retrieved September 2, 2015.
  76. ↑ "Judge rules Idaho gay marriage ban unconstitutional". Idaho Statesman. May 13, 2014. Archived from the original on May 16, 2014. Retrieved May 13, 2014.
  77. ↑ Geidner, Chris (October 7, 2014). "Idaho And Nevada Marriage Bans Are Unconstitutional, Federal Appeals Court Rules". BuzzFeed News. Retrieved October 7, 2014.
  78. ↑ Johnson, Chris (September 15, 2014). "7th Circuit stays decision on Indiana same-sex marriage". Washington Blade. Retrieved September 15, 2014.
  79. ↑ Miller, Kyle (September 4, 2007). "A window of opportunity". Iowa State Daily. Archived from the original on January 8, 2018. Retrieved April 5, 2013.
  80. ↑ Johnson, Chris (November 19, 2014). "Judge strikes down Montana ban on same-sex marriage". Washington Blade. Retrieved November 19, 2014.
  81. ↑ Geidner, Chris (October 7, 2014). "Idaho And Nevada Marriage Bans Are Unconstitutional, Federal Appeals Court Rules". BuzzFeed News. Retrieved October 7, 2014.
  82. ↑ Duffy, Nick (October 7, 2014). "Nevada amends laws to formally recognise same-sex marriage". PinkNews. Retrieved July 3, 2017.
  83. ↑ Nevada Bill AB229. Nevada Legislature. Retrieved July 3, 2017.
  84. ↑ "SB 503". www.nmlegis.gov.
  85. ↑ Gordon, Michael (October 10, 2014). "Gay marriage is now legal in North Carolina". Charlotte Observer. Retrieved October 10, 2014.
  86. ↑ "Opinion of the Court in Nos. 14–5003 & 14–5006, Bishop, et al v. Smith, et al" (PDF). United States Court of Appeals for the Tenth Circuit. Archived from the original (PDF) on July 25, 2014. Retrieved July 18, 2014.
  87. ↑ "HB 2478". The Oregonian. Oregon Legislature Bill Tracker. Retrieved September 2, 2015.
  88. ↑ United States District Court for the District of South Carolina (November 12, 2014). "Order". Equality Case Files. Retrieved November 12, 2014.
  89. ↑ Mimica, Mila (February 14, 2014). "Federal Judge Rules Va. Gay Marriage Ban Unconstitutional". NBC News. Retrieved February 27, 2014.
  90. ↑ Carpenter, Dale (July 28, 2014). "Fourth Circuit strikes down Virginia ban on same-sex marriage". The Volokh Conspiracy. Retrieved August 21, 2014.
  91. ↑ Graham, Chris (March 3, 2020). "Virginia ban on same-sex marriage, civil unions repealed". Augusta Free Press. Retrieved March 7, 2020.
  92. ↑ "West Virginia begins issuing marriage licenses to same-sex couples". LGBTQ Nation. October 9, 2014. Retrieved October 14, 2014.
  93. ↑ "West Virginia gay-marriage ban "officially" dead". San Diego Gay & Lesbian News. November 7, 2014. Retrieved November 14, 2014.
  94. ↑ Johnson, Chris (September 4, 2014). "7th Circuit rules against marriage bans in Wisconsin, Indiana". Washington Blade. Retrieved September 4, 2014.
  95. ↑ Bob Moen (October 21, 2014). "Wyoming Becomes Latest to Legalize Gay Marriage". ABC News. Associated Press. Retrieved October 21, 2014.
  96. 1 2 Andy Coghlan (June 16, 2008). "Gay brains structured like those of the opposite sex". New Scientist. Retrieved April 5, 2018.
    "Statement on Marriage and the Family". American Anthropological Association. Retrieved June 9, 2015.
    Mary Ann Lamanna; Agnes Riedmann; Susan D Stewart (2014). Marriages, Families, and Relationships: Making Choices in a Diverse Society. Cengage Learning. p. 82. ISBN 978-1305176898. Retrieved February 11, 2016. [T]he APA says that sexual orientation is not a choice [...]. (American Psychological Association, 2010).
    Pawelski, J. G.; Perrin, E. C.; Foy, J. M.; Allen, C. E.; Crawford, J. E.; Del Monte, M.; Kaufman, M.; Klein, J. D.; Smith, K.; Springer, S.; Tanner, J. L.; Vickers, D. L. (2006). "The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children". Pediatrics. American Academy of Pediatrics. 118 (1): 349–364. doi:10.1542/peds.2006-1279. PMID 16818585. Retrieved November 2, 2013.
    American Medical Association, American Academy of Pediatrics, American Psychological Association, American Psychiatric Association, American Association for Marriage and Family Therapy, National Association of Social Workers, American Psychoanalytic Association, American Academy of Family Physicians; et al. "Brief of [medical organizations] as Amici Curiae in Support of Petitioners" (PDF). supremecourt.gov. Archived from the original (PDF) on April 12, 2019. Retrieved April 5, 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
    Davis, Annie (October 22, 2017). "Children raised by same-sex parents do as well as their peers, study shows". The Guardian. Retrieved March 28, 2018.
    Bever, Lindsey (July 7, 2014). "Children of same-sex couples are happier and healthier than peers, research shows". The Washington Post. Retrieved December 12, 2018.
  97. ↑ 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.
  98. ↑ 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.
  99. ↑ 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.
  100. ↑ "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.
  101. ↑ Human Rights Campaign website Archived February 6, 2012, at the Wayback Machine. Retrieved November 1, 2010.
  102. ↑ Mathabane, Gail (January 25, 2004). "Gays face same battle interracial couples fought". USA Today. Retrieved May 23, 2010.
  103. ↑ "Commentary: Latinos should see gay marriage a civil right - CNN.com". CNN. November 7, 2008. Retrieved May 23, 2010.
  104. ↑ Direct Examination of Nancy Cott, p. 208. Perry v. Schwarzenegger, No. 09-2292 (N.D. Cal. January 11, 2010). Retrieved December 20, 2011.
  105. ↑ Switzer, Cody. Inside the Human Rights Campaign's Social-Media Success Philanthropy. April 9, 2013. Retrieved April 14, 2013.
    Lipp, Murray. The power of online activism and social media in the fight for LGBT equality Pink News. January 29, 2013. Accessed, April 14, 2013.
    Royal, Denis. Facebook Page 'Gay Marriage USA' Pushes for Equality South Florida Gay News. April 10, 2013. Retrieved April 14, 2013.
  106. ↑ Ferenstein, Gregory How The Internet Is Erasing The Religious Right's Political Power Tech Crunch. March 21, 2013. Retrieved April 14, 2013.
  107. ↑ HRC Logo Memes Archived April 8, 2013, at the Wayback Machine Retrieved April 14, 2013.
  108. ↑ Kleinman, Alexis How The Red Equal Sign Took Over Facebook, According To Facebook's Own Data HuffPost. March 30, 2013. Retrieved April 14, 2013.
  109. ↑ Cline, Austin (July 16, 2017). "Common Arguments Against Gay Marriage". Retrieved September 26, 2017.
  110. ↑ Schumm, Walter (2016). "A Review and Critique of Research on Same-Sex Parenting and Adoption". Psychological Reports. 119 (3): 1273–9. doi:10.1177/0033294116665594. PMID 27620690. S2CID 31010140.
  111. ↑ Hamel, Jon (October 7, 2015). "Op-ed: Court's redefinition of marriage is Orwellian". Retrieved November 15, 2022.
  112. ↑ De La Torre, Miguel. "'Biblical' Marriage Unmasked". Retrieved November 15, 2022.
  113. ↑ "Bishops discuss religious liberty, marriage, finances at annual meeting". Catholic New Service. Baltimore. Archived from the original on May 13, 2012. Retrieved July 24, 2012.
    "Marriage Protection Sunday: Churches encouraged to address 'gay marriage'". Baptist Press. May 19, 2006. Archived from the original on July 26, 2014. Retrieved September 30, 2011.
  114. ↑ "Who Sees Discrimination? Attitudes on Sexual Orientation, Gender Identity, Race, and Immigration Status | Findings from PRRI's American Values Atlas". www.ppri.org. June 21, 2017.
  115. ↑ "The Divine Institution of Marriage". The Church of Jesus Christ of Latter-day Saints. August 13, 2008. Retrieved November 15, 2022. Where same-sex marriage becomes a recognized civil right, it inevitably conflicts with the rights of believers, and religious freedom is diminished.
  116. ↑ "House Resolution 8404 (2021–2022)" (PDF). Retrieved November 18, 2022.
  117. ↑ Pietsch, Bryan (November 16, 2022). "Mormon Church voices support for U.S. same-sex marriage bill". Washington Post. Retrieved November 17, 2022.
  118. ↑ Anti-gay marriage group loses Maine appeal to prevent release of its donor list. David Sharp, Associated Press, January 31, 2012.
  119. ↑ Douglas, Joshua (January 21, 2012). "Campaign Finance After Two Years of Citizens United". Jurist.org. Retrieved May 19, 2012.
  120. ↑ Stephanie Strom (May 12, 2011). "I.R.S. Moves to Tax Gifts to Groups Active in Politics". The New York Times.
  121. ↑ "Report: Obama Changed His View on Gay Marriage". Fox News. April 7, 2010. Retrieved June 27, 2010.
  122. ↑ Linkins, Jason (January 13, 2009). "Obama Once Supported Same-Sex Marriage 'Unequivocally'". The Huffington Post. Retrieved December 20, 2011.
  123. ↑ "Obama and Miss California aligned on same-sex marriage?". The Christian Science Monitor. May 12, 2009. Retrieved January 28, 2011.
  124. ↑ Shear, Michael D. (August 5, 2010). "President Obama's beliefs meet his policy". The Washington Post. Retrieved January 28, 2011.
  125. ↑ Paterson, Penny (January 13, 2009). "Gay Supporters Petition Obama to Repeal DOMA". Santa Barbara Independent. Retrieved June 24, 2009.
  126. ↑ Eleveld, Kerry (April 3, 2009). "White House Responds to Iowa". The Advocate. Archived from the original on April 7, 2009. Retrieved October 16, 2022.
  127. ↑ "Civil Rights". The White House. Archived from the original on October 26, 2009. Retrieved October 3, 2009.
  128. ↑ Bacon, Perry Jr. (December 23, 2010). "Obama says his views on same-sex marriage are evolving". The Washington Post. Retrieved January 5, 2011.
  129. ↑ Mason, Jeff (May 9, 2012). "Same-sex couples should be able to marry: Obama". Chicago Tribune. Retrieved March 20, 2013.
  130. ↑ Toobin, Jeffrey (October 27, 2014). "The Obama Brief". The New Yorker. Retrieved October 20, 2014.
  131. ↑ "GOP President-Elect Donald Trump Says Same-Sex Marriage Is 'Settled' Law". ABC News. November 13, 2016.
  132. ↑ "Donald Trump punching back". Fox News. July 5, 2015.
  133. ↑ Crabtree, Susan (January 10, 2017). "Sessions says he will enforce gay-marriage decision".
  134. ↑ "Betsy DeVos Supports Same-Sex Marriage, Spokesman Says". BuzzFeed. January 24, 2017.
  135. ↑ "Bill Clinton endorses gay marriage in New York". USA Today. May 5, 2011. Retrieved June 26, 2012.
  136. ↑ Raushenbush, Paul (March 19, 2012). "President Jimmy Carter Authors New Bible Book, Answers Hard Biblical Questions". The Huffington Post. Retrieved June 26, 2012.
  137. ↑ Stenovec, Timothy (September 13, 2011). "Dick Cheney On Gay Marriage: "I Certainly Don't Have Any Problem With It". The Huffington Post. Retrieved June 26, 2012.
  138. ↑ "Al Gore: 'Gay men and women should have the same rights'". Current TV. January 17, 2008. Archived from the original on November 29, 2009. Retrieved July 8, 2012.
  139. ↑ Mondale, Walter (May 16, 2013). "Mondale and Dukakis Back Marriage Equality". ThinkProgress. Retrieved June 20, 2013.
  140. ↑ Wing, Nick. Laura Bush: Gay Marriage Should Be Legal, Abortion Should Remain Legal (VIDEO). The Huffington Post. May 13, 2011. Retrieved March 27, 2013.
  141. ↑ Wing, Nick. Hillary Clinton Announces Support For Gay Marriage Archived March 22, 2013, at the Wayback Machine. The Huffington Post. March 18, 2013. Retrieved March 27, 2013.
  142. ↑ US First Lady Michelle Obama on why she supports gay marriage Archived April 4, 2019, at the Wayback Machine Gay Star News
  143. ↑ Nancy Reagan supports same-sex marriage says daughter Patti Davis Pink News
  144. ↑ "George H.W. Bush is Witness at Same-Sex Marriage in Maine". The Washington Post. September 25, 2013. Retrieved March 17, 2014.
  145. ↑ Johnson, Chris. "George W. Bush sought to officiate same-sex wedding: report." Washington Blade. May 24, 2015. Retrieved May 25, 2015.
  146. ↑ Wilson, Chris. The same-sex marriage Senate endorsement tracker. Yahoo! News. Updated June 19, 2013. Retrieved June 27, 2013.
  147. ↑ Miller, Sunlen (April 2, 2013). "Majority of Senate Supports Same Sex Marriage". ABC News. Retrieved June 26, 2013.
  148. ↑ Stein, Sam. Rob Portman's Gay Marriage Conversion Explained By His Son. The Huffington Post. March 25, 2013. Retrieved June 26, 2013.
  149. ↑ Kaczynski, Andrew (April 2, 2013). "Republican Sen. Mark Kirk Endorses Marriage Equality". Buzzfeed. Retrieved September 28, 2014.
  150. ↑ Burgess, Everett (June 19, 2013). "Lisa Murkowski Endorses Same Sex Marriage". Politico. Retrieved June 26, 2013.
  151. ↑ Moretto, Mario (June 25, 2014). "Susan Collins becomes fourth GOP senator to publicly support same-sex marriage". Bangor Daily News. Retrieved June 25, 2014.
  152. ↑ Elizabeth Tenety, "Glenn Beck, Gay Marriage Advocate?", The Washington Post, August 12, 2010. Retrieved October 31, 2010.
  153. ↑ Talkers Magazine, "2010 Talkers 250". Archived from the original on January 30, 2011. Retrieved January 31, 2011.{{cite web}}: CS1 maint: bot: original URL status unknown (link). Retrieved November 30, 2010.
  154. ↑ Raifman, Julia; Moscoe, Ellen; Austin, S. Bryn; McConnell, Margaret (2017). "Difference-in-Differences Analysis of the Association Between State Same-Sex Marriage Policies and Adolescent Suicide Attempts". JAMA Pediatrics. 171 (4): 350–356. doi:10.1001/jamapediatrics.2016.4529. PMC 5848493. PMID 28241285.
  155. ↑ "Same-Sex Marriage Legalization Linked to Reduction in Suicide Attempts Among High School Students". Johns Hopkins University. February 20, 2017.
  156. ↑ "Study: Teen suicide attempts fell as same-sex marriage was legalized". USA Today. February 20, 2017.
  157. ↑ "Same-sex marriage laws linked to fewer youth suicide attempts, new study says". PBS. February 20, 2017.
  158. ↑ "Same-sex marriage laws tied to fewer teen suicide attempts". Reuters. February 23, 2017.
  159. ↑ Dang, Alain, and M. Somjen Frazer. "Black Same-Sex Couple Households in the 2000 U.S. Census: Implications in the Debate Over Same-Sex Marriage." Western Journal of Black Studies 29.1 (Spring2005 2005): 521–530. Academic Search Premier. EBSCO. September 30, 2009
  160. 1 2 3 4 5 6 7 8 "The Potential Budgetary Impact of Recognizing Same-Sex Marriages". Congressional Budget Office. June 21, 2004. Retrieved May 31, 2021.
  161. 1 2 3 4 5 6 Badgett, M.V. Lee (2003). Money, Myths, and Change: The Economic Lives of Lesbians and Gay Men. Chicago: University Of Chicago Press. ISBN 0-226-03401-1.
  162. ↑ "IRS Provides Answers to Community Property Filers". United States Internal Revenue Service. Retrieved February 6, 2013.
  163. ↑ Barkacs, L. L. (2008). "Same sex marriage, civil unions, and employee benefits: Unequal protection under the law – when will society catch up with the business community?", Journal of Legal, Ethical and Regulatory Issues, 11(2), 33–44.
  164. ↑ Sansone, Dario (2019). "Pink work: Same-sex marriage, employment and discrimination". Journal of Public Economics. 180: 104086. arXiv:1807.06698. doi:10.1016/j.jpubeco.2019.104086.
  165. ↑ "Same-sex Weddings Have Boosted Economy by $3.8 Billion". The Georgia Voice. May 31, 2020.
  166. ↑ "Same-sex marriages have contributed $3.8 billion to the US economy". LGBTQ Nation. May 31, 2020.
  167. ↑ "Gay weddings have boosted US economy by $3.8 billion since landmark ruling". The New York Post. May 29, 2020.
  168. ↑ "Brief of the American Psychological Association, the Massachusetts Psychological Association, The National Association of Social Workers and its Massachusetts Chapter, the American Medical Association, and the American Academy of Pediatrics as Amici Curiae in Support of Plaintiffs-Appellees and in Support of Affirmance – Appeals from the United States District Court for the District of Massachusetts Civil Action Nos. 1:09-cv-11156-JLT, 1:09-cv-10309-JLT (Honorable Joseph L. Tauro)" (PDF). Retrieved December 20, 2011.
  169. ↑ Price, M. "Upfront—Research uncovers the stress created by same-sex marriage bans" in Monitor on Psychology, Volume 40, No. 1, page 10, January 2009. Washington DC: American Psychological Association.
  170. ↑ Potoczniak, Daniel J.; Aldea, Mirela A.; DeBlaere, Cirleen "Ego identity, social anxiety, social support, and self-concealment in lesbian, gay, and bisexual individuals." Journal of Counseling Psychology, Vol 54(4), October 2007, 447–457.
  171. ↑ Balsam, Kimberly F.; Mohr, Jonathan J. "Adaptation to sexual orientation stigma: A comparison of bisexual and lesbian/gay adults." Journal of Counseling Psychology, Vol 54(3), July 2007, 306–319.
  172. ↑ Rostosky, Sharon Scales; Riggle, Ellen D. B.; Gray, Barry E.; Hatton, Roxanna L. "Minority stress experiences in committed same-sex couple relationships." Professional Psychology: Research and Practice, Vol 38(4), August 2007, 392–400.
  173. ↑ Szymanski, Dawn M.; Carr, Erika R. "The roles of gender role conflict and internalized heterosexism in gay and bisexual men's psychological distress: Testing two mediation models." Psychology of Men & Masculinity, Vol 9(1), January 2008, 40–54.
  174. ↑ "Perry v. Schwarzenegger Transcript of Proceedings: pp.670–990 (Meyer testimony begins on p.806)" (PDF). U.S. District Court of Northern California. Retrieved March 8, 2012.
  175. ↑ "Emory researchers: Gay marriage bans increase HIV infections". Webcitation.org. Archived from the original on August 18, 2009. Retrieved February 8, 2012.{{cite web}}: CS1 maint: unfit URL (link)
  176. ↑ Elaine Justice. "Study Links Gay Marriage Bans to Rise in HIV infections". Emory.edu. Retrieved June 27, 2010.
  177. ↑ "Gay marriage 'improves health'". BBC News. December 16, 2011. Retrieved December 20, 2011.
  178. ↑ "1991: Roc from Remember These LGBTQ Firsts on TV?". E! Online.
  179. ↑ "8 TV Marriages That Changed The Conversation About Same-Sex Marriage For The Better". Bustle. June 26, 2015.
  180. ↑ "Dance Show". Gayest Episode Ever.
  181. ↑ "'Arthur' character Mr. Ratburn comes out as gay, gets married in season premiere". NBC News. May 14, 2019.
  182. ↑ O'Neil, Luke (May 21, 2019). "Arthur: Alabama bans episode of kids' show featuring same-sex wedding". The Guardian – via www.theguardian.com.
  183. ↑ National Academy of Sciences (2009). "The U.S. Vital Statistics System: A National Perspective". No. Bookshelf ID: NBK219884. National Center for Biotechnology Information. National Center for Health Statistics. Retrieved May 30, 2018.
  184. ↑ Bui, Quoctrung (September 12, 2016). "The Most Detailed Map of Gay Marriage in America". The New York Times. Retrieved May 30, 2018.
  185. 1 2 The Most Detailed Map of Gay Marriage in America The New York Times
  186. ↑ Stone, Lyman (2023). "Now Political Polarization Comes for Marriage Prospects". The Atlantic.
  187. ↑ "Characteristics of Same-Sex Couple Households: 2005 to Present". census.gov.
  188. ↑ "Existing Data Show Increase in Married Same-Sex U.S. Couples – Population Reference Bureau".
  189. ↑ Jones, Jeffrey M. (June 22, 2017). "In U.S., 10.2% of LGBT Adults Now Married to Same-Sex Spouse". Gallup News. Retrieved July 25, 2018.
  190. ↑ Cantor, Donald J.; et al. (2006). Same-Sex Marriage: The Legal and Psychological Evolution in America. Middletown, CT: Wesleyan University Press. pp. 117–8. ISBN 9780819568120.
  191. ↑ De Santo v. Barnsley, May 11, 1984, retrieved January 19, 2013
  192. ↑ "Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006) opinion" (PDF). Archived from the original (PDF) on December 13, 2011. Retrieved December 20, 2011.
  193. ↑ Opinion of the Court, Hernandez v Robles, accessed September 24, 2014
  194. ↑ Louis, Tim. "Gay Marriage: Technicality delays county's appeal". City Newspaper. Rochester, N.Y. Retrieved June 27, 2010.
  195. ↑ 'In re Marriage Cases, 183 P.3d 384 (Cal. 2008).
  196. ↑ Strauss v. Horton, 207 P.3d 48 (Cal. 2009).
  197. ↑ Kaplan, Elaine (June 28, 2013). "Memorandum for Heads of Executive Departments and Agencies: Guidance on the Extension of Benefits to Married Gay and Lesbian Federal Employees, Annuitants, and Their Families – (OPM Benefits memo)". Scribd.com. United States Office of Personnel Management. Retrieved March 31, 2014.
  198. ↑ Dolan, Maura (June 28, 2013). "Prop 8: Gay marriages can resume in California, court rules". Los Angeles Times. Retrieved June 28, 2013.
  199. ↑ Barron, Joan (June 7, 2011). "Wyoming Supreme Court reverses same-sex divorce ruling". Caspar Star Tribune. Retrieved January 16, 2013.
  200. ↑ "Port v. Cowan, No. 69, September Term, 2011. (May 18, 2012)". Findlaw. Retrieved July 17, 2012.
  201. 1 2 3 4 Howe, Amy (October 6, 2014). "Today's orders: Same-sex marriage petitions denied". SCOTUSblog. Retrieved October 6, 2014.
  202. ↑ Denniston, Lyle (May 20, 2014). "Pennsylvania: Same-sex marriage ban struck down". SCOTUSblog. Retrieved October 20, 2014.
  203. ↑ Marshall, Cathy (May 20, 2014). "Gay couples immediately occurring after ruling". Kgw.com. Archived from the original on May 30, 2014. Retrieved June 29, 2014.
  204. ↑ Carpenter, Dale (July 28, 2014). "Fourth Circuit strikes down Virginia ban on same-sex marriage". The Volokh Conspiracy.
  205. ↑ Johnson, Chris (September 4, 2014). "7th Circuit rules against marriage bans in Wisconsin, Indiana". Washington Blade. Retrieved September 4, 2014.
  206. ↑ "US Appeals Court Tosses Oklahoma Gay Marriage Ban". July 18, 2014. Retrieved July 18, 2014.
  207. ↑ Johnson, Chris (October 3, 2014). "Judge orders Missouri to recognize same-sex marriages". Washington Blade. Retrieved October 20, 2014.
  208. ↑ "Caspar v. Snyder - Freedom to Marry in Michigan". ACLU. Retrieved November 18, 2014.
  209. ↑ Brand-Williams, Oralandar (February 4, 2015). "No appeal on marriages 'an early Valentine's Day gift'". Detroit News. Retrieved February 4, 2015.
  210. 1 2 "PRRI – American Values Atlas". ava.prri.org. Retrieved March 24, 2023.
  211. ↑ "Opinion on Same-Sex Marriage Appears to Shift at Accelerated Pace". FiveThirtyEight. May 19, 2016.
  212. ↑ Staff (May 14, 2019). "Majority of Public Favors Same-Sex Marriage, but Divisions Persist". Pew Research Center. Retrieved June 25, 2019.
  213. ↑ "Americans' Support for Gay Marriage Remains High, at 61%". Gallup. May 19, 2016.
  214. ↑ Bump, Philip (February 21, 2019). "Republicans would least like their kids to marry a transgender person. For Democrats? A Republican". The Washington Post. Retrieved February 22, 2019.
  215. ↑ "Two in Three Americans Support Same-Sex Marriage". Gallup. May 23, 2018.
  216. ↑ McCarthy, Justin (May 22, 2019). "U.S. Support for Gay Marriage Stable, at 63%". Gallup. Retrieved July 15, 2019.
  217. ↑ "U.S. Support for Same-Sex Marriage Matches Record High". Gallup. June 1, 2020.
  218. ↑ McCarthy, Justin (June 2022). "Same-Sex Marriage Support Inches Up to New High of 71%". Gallup. Retrieved December 14, 2022.
  219. ↑ "Majority of Americans Believe Abortion and Same-Sex Marriage Should be Guaranteed Rights | Grinnell College". www.grinnell.edu. Retrieved January 8, 2023.

Bibliography

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