Anaya Nolan
The legal recognition of same-sex marriage in the United States has been a long and contentious journey. While civil rights campaigns in support of marriage without distinction to sexual orientation began in the 1970s, it was not until the 1990s that efforts to legalize same-sex marriage began to gain momentum. Despite opposition and legal challenges, same-sex marriage has gradually become recognized in more states, culminating in the Supreme Court's landmark ruling in 2015 that established it as a national right. This decision granted same-sex couples in all 50 states the freedom to marry and access to federal benefits. However, the debate continues, with some states seeking to shift the perception of same-sex marriage as an established civil right.
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What You'll Learn
The Defense of Marriage Act (1996)
The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. The Act was introduced in the House of Representatives by Georgia Representative Bob Barr, a Republican, on May 7, 1996. DOMA specifically defined marriage as the union of one man and one woman, allowing individual states to refuse to recognize same-sex marriages performed and recognized under other states' laws.
The Act's congressional sponsors stated that:
> the bill amends the U.S. Code to make explicit what has been understood under federal law for over 200 years; that a marriage is the legal union of a man and a woman as husband and wife, and a spouse is a husband or wife of the opposite sex.
The House Judiciary Committee stated that the Act was intended by Congress to "reflect and honor a collective moral judgment and to express moral disapproval of homosexuality". The Act further clarified that the word "spouse" referred only to a person of the opposite sex.
The implications of DOMA were that it denied many benefits and recognition to same-sex couples that opposite-sex couples enjoyed. These benefits included over 1,000 federal protections and privileges such as access to a spouse's employment benefits, the recognition of the marriage itself, the rights of inheritance, joint tax returns and exemptions, and the right to cohabit together in a college or military housing.
DOMA was ruled unconstitutional by the United States Supreme Court in cases such as United States v. Windsor (2013) and Obergefell v. Hodges (2015).
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The Respect for Marriage Act
Prior to the Respect for Marriage Act, the Defense of Marriage Act (DOMA) of 1996 barred the federal government from recognizing same-sex marriages, denying federal benefits to married same-sex couples. The Supreme Court's decision in United States v. Windsor in 2013 struck down a section of DOMA, but there were concerns that this could be overturned in the future.
The passage of the Respect for Marriage Act was supported by a majority of Americans, with 71% supporting marriage equality for same-sex couples. It was also welcomed by LGBTQ+ rights groups and couples planning their lives around the freedom to marry the person they love. The Act provides clarity and comfort to millions of families, ensuring that their marriages are legally recognized and protected.
Overall, the Respect for Marriage Act is a landmark legislation that secures marriage equality and protects the rights of same-sex and interracial couples to marry, free from discrimination.
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The Supreme Court's ruling in Obergefell v. Hodges (2015)
On June 26, 2015, the Supreme Court of the United States ruled in Obergefell v. Hodges that the Fourteenth Amendment requires states to grant marriage licenses to same-sex couples and recognize same-sex marriages performed in other states. The ruling, decided in a 5-4 vote, was a landmark decision that established same-sex marriage throughout the country and its territories.
The case was brought by 14 same-sex couples and two men whose same-sex partners had passed away. They argued that state officials in Michigan, Kentucky, Ohio, and Tennessee violated the Fourteenth Amendment by denying them the right to marry or have their out-of-state marriages recognized. Prior to the ruling, same-sex marriage had already been established in 36 states, the District of Columbia, and Guam. However, the lack of recognition in other states impeded legal rights and privileges, including adoptions, parental rights, and property transfer.
In his majority opinion, Justice Anthony Kennedy concluded that the fundamental right to marry cannot be limited to heterosexual couples and is inherent in the concept of individual autonomy. The Court's ruling examined the nature of fundamental rights guaranteed by the Constitution and the harm caused by delaying the implementation of such rights. The Court also recognized that marriage safeguards children and families, drawing meaning from related rights of childrearing, procreation, and education.
The Obergefell v. Hodges decision overruled the previous ruling in Baker v. Nelson, which had been invoked as precedent by the Sixth Circuit. While supporters of same-sex marriage rejoiced, some critics argued that the decision represented an act of will, not legal judgment, and that it closed the debate on an issue that should have been decided by the democratic process. Despite the ruling, some counties in Alabama, Texas, and Kentucky initially refused to issue marriage licenses to same-sex couples, and the status of same-sex marriage in American Samoa remains uncertain.
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The fight for marriage equality
One of the earliest legal victories for same-sex marriage came in 1993 when the Supreme Court of Hawaii ruled in Baehr v. Lewin that it was unconstitutional for the state to restrict marriage based on sex. This decision sparked a wave of federal and state actions to explicitly abridge marriage on the basis of sex, including the enactment of the Defense of Marriage Act (DOMA) in 1996, which defined marriage as between a man and a woman. Despite this setback, advocates continued to bring lawsuits and work towards changing public sentiment.
In 2003, Massachusetts became the first state to legalize same-sex marriage through a court ruling, and by 2011, public support for same-sex marriage had reached 50% nationwide. The Human Rights Campaign (HRC) played a pivotal role in the fight for marriage equality, mobilizing efforts across the country and investing millions of dollars into state ballot initiatives. In 2013, just weeks before the Supreme Court's landmark decisions in United States v. Windsor and other cases, HRC launched a massive campaign, including its New Yorkers for Marriage Equality initiative, which contributed to New York's passage of same-sex marriage in 2011.
The culmination of the fight for marriage equality came in June 2015, when the Supreme Court, in a 5-4 decision in Obergefell v. Hodges, ruled that the fundamental right of same-sex couples to marry is guaranteed by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This landmark ruling granted same-sex couples in all 50 states the right to marry and access to all federal benefits associated with marriage. While this marked a significant victory, the journey towards full acceptance and equality continues, with ongoing efforts to protect and safeguard the rights of same-sex couples in the United States and around the world.
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The history of same-sex marriage in the US
In 1971, law student Richard Baker and librarian James McConnell applied for a marriage license in Minnesota but were rejected because they were a same-sex couple. Their case, Baker v. Nelson, went to trial, and the court upheld the denial of their marriage license, defining marriage as the union of a man and a woman. This decision set a precedent that blocked federal courts from ruling in favor of same-sex marriage for years to come.
In the late 1980s and early 1990s, there were glimmers of hope for same-sex couples. In 1989, Andrew Sullivan's essay, "Here Comes the Groom: A (Conservative) Case for Gay Marriage," was published in The New Republic, sparking conversations about same-sex marriage. That same year, the San Francisco Board of Supervisors passed an ordinance allowing homosexual and unmarried heterosexual couples to register for domestic partnerships, granting them important rights such as hospital visitation. In 1993, the Hawaii Supreme Court's decision in Baehr v. Miike suggested that the state's prohibition on same-sex marriage might be unconstitutional, marking the first time a state court considered legalizing gay marriage.
However, these advancements were met with backlash. In 1996, the Defense of Marriage Act (DOMA) was passed by Congress and signed into law by President Bill Clinton. DOMA defined marriage as a union between a man and a woman, allowing states to deny marriage equality to same-sex couples. Despite this setback, same-sex marriage advocates continued their fight for equality.
In the 2000s, there were mixed outcomes for same-sex marriage across different states. While some states, like Massachusetts in 2003, legalized same-sex marriage, others, like North Carolina in 2012, amended their constitutions to ban it. In 2013, the Supreme Court's decisions in United States v. Windsor and Obergefell v. Hodges struck down key provisions of DOMA, marking a significant shift in favor of marriage equality.
Finally, in June 2015, the Supreme Court's landmark ruling in Obergefell v. Hodges culminated decades of struggles by declaring that all state bans on same-sex marriage were unconstitutional, thereby legalizing same-sex marriage nationwide. This victory was the result of tireless efforts by LGBTQ+ rights organizations, coalitions, and supporters across the country, ensuring that love ultimately prevailed.
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Frequently asked questions
Yes, since 2015 same-sex couples have had the legal right to marry in the US.
The 2015 Supreme Court ruling in Obergefell v. Hodges established same-sex marriage as a national right.
Since 2015, married same-sex couples have had equal access to all federal benefits that married opposite-sex couples have, including Social Security, health insurance, and immigration law.
The Respect for Marriage Act is a piece of legislation passed by Congress that ensures the federal government must respect same-sex spouses for all federal law purposes.
While same-sex marriage is legal in all states, some states have laws that allow officials to decline to marry couples if they disagree with the marriage.
