Marriage Equality: A Law For All Americans

The fight for marriage equality in the United States was a long and arduous journey, spanning decades of history and finally culminating in victory in June 2015. The road to nationwide marriage equality was paved with numerous setbacks and challenges, but the persistence of human rights and civil rights organisations, as well as the shifting tide of public opinion, ultimately led to the landmark Supreme Court decision in Obergefell v. Hodges. This decision affirmed the legality of same-sex marriages and granted gay and lesbian couples across the nation the right to marry, marking a significant milestone in the fight for equality and justice for the LGBTQ+ community.

The Supreme Court's 2015 decision in Obergefell v. Hodges

On June 26, 2015, the Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. The Fourteenth Amendment guarantees due process and equal protection under the law. The Supreme Court's decision in Obergefell v. Hodges made same-sex marriage legal across the United States.

The Supreme Court's decision in Obergefell v. Hodges was the culmination of four cases from Michigan, Ohio, Kentucky, and Tennessee. The plaintiffs in these cases were 14 same-sex couples and two men whose same-sex partners were deceased. The respondents were state officials responsible for enforcing the laws in question. The petitioners claimed the respondents violated the Fourteenth Amendment by denying them the right to marry or to have their marriages, lawfully performed in another state, given full recognition.

The Supreme Court's decision in Obergefell v. Hodges was based on four principles and traditions:

• The right to personal choice regarding marriage is inherent in the concept of individual autonomy.
• The right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals.
• The right to marry safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education.
• Marriage is a keystone of the Nation's social order.

The 14th Amendment and marriage equality

The Fourteenth Amendment to the US Constitution, ratified in 1868, grants US citizenship to former slaves and ensures equal protection under the law. The Amendment's text states that "no state [shall] deprive any person of life, liberty, or property, without due process of law" and guarantees that all citizens will receive "equal protection of the laws".

The Fourteenth Amendment has been integral to the expansion of marriage equality in the US. In 1967, the Supreme Court case of Loving v. Virginia saw the Court rule that the Fourteenth Amendment requires that the freedom to marry be protected from "invidious racial discriminations". This case was a landmark in civil rights, reversing over half a century of legalized segregation.

In 2015, the Supreme Court affirmed the Constitution's protection of marriage equality under the Fourteenth Amendment in the case of Obergefell v. Hodges. This ruling struck down all state bans on same-sex marriage, requiring states to perform and recognize marriages of same-sex couples. The Court determined 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.

The road to marriage equality was a long one, with efforts to legalize same-sex marriage gaining prominence in the 1990s. During this time, civil unions for same-sex couples existed in many states, but these unions were not recognized at the federal level, creating a "separate but equal" standard. The Defense of Marriage Act, signed into law in 1996, defined marriage as between a man and a woman, allowing states to deny marriage equality. However, in 2003, the Supreme Court decision in Lawrence v. Texas struck down sodomy laws and Massachusetts became the first state to legalize same-sex marriage.

Over time, more and more Americans challenged the conception of marriage as solely between a man and a woman, demanding marriage equality that allowed equal access to the benefits of marriage for same-sex couples. A series of legal challenges to state laws culminated in the Supreme Court's affirmation of marriage equality under the Fourteenth Amendment in 2015. This ruling brought marriage equality to the entire US, granting same-sex couples in all 50 states the right to full and equal recognition under the law.

The fight for marriage equality

The Early Years:

The push for marriage equality began in the 1970s with civil rights campaigns advocating for marriage without distinction based on sex or sexual orientation. In 1972, the landmark case of Baker v. Nelson marked the first time the Supreme Court addressed same-sex marriage. However, the Court dismissed the appeal, setting back the fight for equality.

The 1990s and the Defense of Marriage Act:

The issue gained prominence in the 1990s, with the Hawaii Supreme Court's decision in Baehr v. Lewin, which ruled that it was unconstitutional for the state to restrict marriage based on sex. This sparked a wave of federal and state actions to explicitly define marriage as between a man and a woman, leading to the enactment of the Defense of Marriage Act (DOMA) in 1996. DOMA defined marriage as a union between a man and a woman, allowing states to deny marriage equality to same-sex couples.

The First Wins:

Despite these setbacks, there were also significant victories during this period. In 2003, the Supreme Court's decision in Lawrence v. Texas struck down sodomy laws, and Massachusetts became the first state to legalize same-sex marriage through a court ruling. This set a precedent for other states to follow.

Growing Support and Setbacks:

As public support for marriage equality grew, several states began striking down bans and enshrining marriage equality into law. Notably, California achieved marriage equality in 2008, only to have it dismantled by the passage of Proposition 8, which defined marriage as between a man and a woman. This highlighted the ongoing resistance and the need for continued advocacy.

The Turning Point:

A pivotal moment came in 2013, with two key Supreme Court decisions. In Hollingsworth v. Perry, the Court determined that Proposition 8 lacked legal standing, and in United States v. Windsor, DOMA was deemed unconstitutional, paving the way for federal recognition of same-sex marriage. These decisions were a significant step forward, granting federal benefits to married couples.

Marriage Equality Becomes Law:

Finally, on June 26, 2015, the Supreme Court's landmark decision in Obergefell v. Hodges legalized same-sex marriage nationwide. The Court ruled that the Fourteenth Amendment guarantees the fundamental right to marry, regardless of sexual orientation, and that states must recognize these marriages. This marked the culmination of decades of advocacy and a major victory for the LGBTQ+ community.

The history of same-sex marriage and the Supreme Court

The history of same-sex marriage in the United States has its roots in 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. However, it wasn't until the 1990s that efforts to legalise same-sex marriage began to gain traction across the country, alongside challenges at the state and national levels.

In 1996, the Defense of Marriage Act (DOMA) was signed into law, defining marriage as between a man and a woman and allowing states to deny marriage equality. This was a significant setback for the LGBTQ+ community, as civil unions for same-sex couples, which existed in many states, created a separate but equal standard. Despite this, civil rights organisations continued to fight for marriage equality, and in 2003, the Supreme Court decision in Lawrence v. Texas struck down sodomy laws, with Massachusetts becoming the first state to legalise same-sex marriage via a court ruling that year.

In June 2013, the Supreme Court ruled that DOMA was unconstitutional, violating the Fifth Amendment and leading to federal recognition of same-sex marriage. This was a major victory for the LGBTQ+ community, and the fight for marriage equality continued across the country. Finally, on June 26, 2015, the Supreme Court decision in Obergefell v. Hodges legalised same-sex marriage nationwide, granting full, equal recognition under the law to same-sex couples in all 50 states. This landmark ruling affirmed that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution.

The impact of marriage equality

Social Impact

Same-sex marriage has had a profound effect on the social acceptance of LGBTQ+ individuals and their families. The Human Rights Campaign, at the forefront of the fight for marriage equality, recognised that the battle was not just about changing policies, but also hearts and minds. The campaign shared stories of couples and families impacted by discriminatory laws to highlight the human cost of inequality. This strategy, alongside a powerful social media presence, played a key role in shifting public sentiment towards support for same-sex marriage.

Economic Impact

The legalisation of same-sex marriage has also had significant economic implications. A study by the Williams Institute estimated that weddings of same-sex couples and their out-of-state guests boosted state and local economies by $3.8 billion in the five years following the Obergefell v. Hodges decision. This included an estimated $244.1 million in state and local sales tax revenue and supported approximately 45,000 jobs for a full year. The spending power of same-sex couples was further highlighted by their ability to access federal benefits previously denied to them. These included spousal and survivor Social Security benefits, federal employee health benefits, and tax advantages.

Health Impact

The legalisation of same-sex marriage has also positively impacted the health and well-being of LGBTQ+ individuals and their families. A study of nationwide data from 1999 to 2015 revealed a significant reduction in the rate of attempted suicide among teenagers, particularly those with a minority sexual orientation. The research suggested that laws promoting equality gave gay youth a sense of hope for the future, improving their mental health and reducing suicide attempts. Furthermore, same-sex marriage was linked to improved sexual health among men who have sex with men, and a decrease in HIV/AIDS infection rates following the passage of marriage equality laws.

The journey to marriage equality in the United States was long and arduous, but the impact of this victory for human rights has been profound and wide-ranging.

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