State Same-Sex Marriage Laws: A Look Back
Prior to the U.S. Supreme Court's 2015 Obergefell v. Hodges ruling, the state of same-sex marriage in America was always in flux. From its early beginnings, both proponents and opponents of same-sex marriage have asserted controversial arguments concerning the definition, application, and legality of marriage as it applies to men and women of the same sex.
Beginning in 2003, when Massachusetts became the first state to legalize same-sex marriage, legislatures in many states were called to answer the same call. Twelve years later, all states were required to recognize the equal protection of marriage laws, regardless of sexual orientation.
Below you can find a look back at state same-sex marriage laws prior to the 2015 Supreme Court ruling that legalized it nationwide.
In October 2014, the U.S. District Court for the District of Alaska legalized same-sex marriage with its decision in the case of Hamby v. Parnell.
The U.S. District Court for the District of Arizona legalized same-sex marriage in October 2014 through decisions in two cases: Connolly v. Jeanes and Majors v. Horne. Before these cases, the state had prohibited same-sex marriage via statute (since 1996) and an amendment to the Arizona Constitution (2008).
In 2013, the U.S. Supreme Court affirmed a lower court's decision to overturn Proposition 8 (which banned same-sex marriage) by ruling that the appellants lacked standing to appeal the case. Soon after the Court's ruling, California courts began issuing marriage licenses to same-sex couples.
In the consolidated cases of Brinkman v. Long and McDaniel-Miccio v. Hickenlooper, a Colorado district court found on July 9, 2014 that the state's ban on same-sex marriage violated equal protection and due process under the Fourteenth Amendment to the U.S. Constitution.
Connecticut legalized the marriage of same-sex couples on November 12, 2008. Connecticut became the third state (after California and Massachusetts) to authorize same-sex couples to marry. A noteworthy case out of the Supreme Court of Connecticut, Kerrigan v. Commissioner of Public Health, held that the Connecticut State Constitution doesn't permit the state to exclude same-sex couples from civil marriage.
When Gov. Jack Markell signing HB 75 into law on May 7, 2013, Delaware became the latest colonial state to allow same-sex marriage. Like Rhode Island, Delaware also made civil unions a thing of the past.
In Brenner v. Scott, a Florida district court ruled that the state's law and constitutional ban on same-sex marriage was unconstitutional. The ruling was issued on August 21, 2014, but it became effective on January 6, 2015.
Same-sex couples in the Rainbow State became legally eligible for marriage with the 2013 passage of Senate Bill 1, signed into law by Governor Neil Abercrombie.
Latta v. Otter, decided by an Idaho district court and affirmed by the Ninth Circuit, prevented the state from enforcing its ban on same-sex marriage; thus, legalizing it in October 2014
Illinois Governor Pat Quinn signed Senate Bill 10 in 2013, legalizing same-sex marriage in the state. The law took effect on June 1, 2014.
In Baskin v. Bogan, a federal district court found for the plaintiffs, who were challenging Indiana's denial of marriage rights to same-sex couples. The U.S. Court of Appeals for the Seventh Circuit upheld the ruling in September 2014. Same-sex marriage was officially legalized in October 2014 when the U.S. Supreme Court denied a writ of certiorari by defendants.
After a flurry of court cases concerning same-sex marriage in the nation, Iowa was added to the list of states that allowed same-sex unions when the court in Varnum v. Brien ruled that the ban on same-sex marriage under the constitution was a form of unconstitutional sexual-orientation discrimination. The law took effect on April 3, 2009.
The Maine legislature passed a bill legalizing same-sex marriage in 2009, but it was repealed by popular vote later that year. But gay marriage was again made legal in 2012, this time in the general election. It passed by 53 percent, which is the same percentage of voters who rejected it in 2009.
A bill legalizing same-sex marriage was passed in 2012 and signed by the governor, with an enactment date of Jan. 1, 2013. But the law was put to a referendum on the 2012, known as Question 6 on the general election ballot, passing with the support of more than 52 percent of Maryland voters.
Massachusetts became the first state to issue marriage licenses to same-sex couples beginning in 2004. The Supreme Court ruled in Goodrich v. Department of Public Heath that the state could not deny civil marriage to two members of the same sex who wished to marry, and that the same laws and procedures that govern traditional marriage also apply to same-sex marriage.
The Minnesota gay-marriage bill reframes all marriages as "civil marriages," removing gender from the state's definition of eligible partners to a marriage, and will allowing marriages on August 1, 2013. The Minnesota House voted 75-59 in favor of same-sex marriage on May 9, 2013, the state Senate voted 37-30 in favor of same-sex marriage on May 13, 2013, and Governor Mark Dayton signed the bill on May 14, 2013.
In the case of Rolando v. Fox, a federal court ruled in November 2014 that Montana's ban on same-sex marriage was unconstitutional. Although the state appealed the case to the Ninth Circuit Court of Appeals, the U.S. Supreme Court's decision in Obergefell mooted the appeal.
Plaintiffs in Sevcik v. Sandoval filed a complaint on behalf of several same-sex couples who had been denied marriage licenses in Nevada. The U.S. District Court for the District of Nevada ruled against the plaintiffs, so they appealed to the Ninth Circuit Court of Appeals in December 2012. On October 7, 2014, the Ninth Circuit ruled in favor of the plaintiffs, effectively legalizing same-sex marriage in Nevada.
New Hampshire legalized same-sex marriage after Governor John Lynch became only the second Governor to sign a bill (HB 73) that allowed same-sex unions. The new law extending marriage rights to gay and lesbian couples took effect on January 1, 2010.
Same-sex couples in New Jersey became eligible for marriage licenses in 2013, following a Supreme Court of New Jersey's ruling that denying gay marriage violated New Jersey's constitution. The ruling was in response to the U.S. Supreme Court decision overturning the Defense of Marriage Act (DOMA).
New Mexico's Supreme Court ruled on Dec. 19, 2013, that the statutes prohibiting gays and lesbians from marrying violated both the state and federal constitutions. Since New Mexico's constitution does not expressly define marriage as between a man and a woman, the Court's opinion immediately legalized same-sex marriage in the state.
On June 24, 2011, New York officially enacted the Marriage Equality Act, becoming the sixth state in the United States to legalize same sex marriages. The legislation passed after several weeks of intense negotiations and fund raising and lobbying efforts on both sides of the issues.
The state has recognized same-sex marriage since October 2014 when a federal court decided in General Synod of the United Church of Christ v. Cooper that North Carolina's denial of marriage rights to same-sex couples was unconstitutional.
Same-sex couples have been legally permitted to marry in the state since the Tenth Circuit Court of Appeals ordered Oklahoma to recognize same-sex marriage on October 6, 2014 (after the resolution of Bishop v. United States, formerly Bishop v. Oklahoma).
Same-sex marriage became legal in Oregon on May 19, 2014, with the federal court decision in Geiger v. Kitzhaber.
The decision in the federal case Whitewood v. Wolf - decided on May 20, 2014 - legalized same-sex marriage in Pennsylvania.
Rhode Island became the sixth and final New England state to approve marriage equality -- and the 10th nationwide (at the time). The Rhode Island legislature passed a bill legalizing same-sex marriage on May 2, 2013; it went into effect on August 1, 2013.
Same-sex marriage has been legal in South Carolina since the federal court decision in Condon v. Haley (November 2014).
In Kitchen v. Herbert, a federal court found that Utah's same-sex marriage ban was unconstitutional, and the Tenth Circuit Court of Appeals affirmed the decision. However, the decision was stayed pending petition to the U.S. Supreme Court. When the U.S. Supreme Court denied the petition on October 6, 2014, and the Tenth Circuit lifted its stay.
In 1999, The Vermont Supreme Court ruled in Baker v. Vermont that same-sex couples are "entitled under Chapter I, Article 7, of the Vermont Constitution to the same benefits and protections afforded by Vermont law to married opposite-sex couples."
A district court decided in favor of the plaintiffs (Bostic v. Schaefer) who had challenged Virgina's refusal to sanction same-sex marriages, and the Fourth Circuit Court of Appeals upheld the ruling. Same-sex marriage officially became legal on October 6, 2014, when the U.S. Supreme Court denied a writ of certiorari, effectively allowing the circuit court decision to stand.
On February 8, 2012, the Washington State Senate passed a bill that legalized same-sex marriage. The Senate passed the bill 28-21, with four Republican Senators crossing party lines in the vote. The bill was signed into law by Governor Christine Gregoire, but challenged by a petition. The law was put to a referendum on the 2012 general election ballot as Referendum 74, where it passed with 51.8 percent of the vote.
In McGee v. Cole (November 7, 2014), the U.S. District Court for the Southern District of West Virginia overturned the state's statutory ban on same-sex marriage.
The District of Columbia overwhelmingly passed legislation (by an 11-2 vote) in early December 2009 when it recognized same-sex marriages as a legal union.
On October 17, 2014, a federal court ruled in Guzzo v. Mead that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was officially legalized on October 21, 2014 when the state officially declined to appeal the decision.
Get Legal Help with Your Questions About State Same-Sex Marriage Laws
If you're in a same-sex relationship and are thinking about marriage, congratulations! Now, it's time to learn about the marriage laws and procedures in your state. If you have questions about prenups, how to apply for a marriage certificate, or the legal implications of having children, now is the time to find out. Get help with your marriage questions from a family law attorney in your state.
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