The last time the Supreme Court took up a case on marriage equality was 46 years ago when about one-third of all states in the country still had laws that banned people of different races from marrying each other. This week all eyes are on the High Court as it prepares to hear oral arguments on two cases related to same-sex marriage. At issue is whether gay marriage bans violate the rights those couples have to equal treatment under the law, as guaranteed by the Equal Protection Clause of the United States Constitution. The Court’s rulings on both cases – expected by June – will likely be considered landmark decisions, ones that could potentially result in a dramatic widening of marriage rights for same-sex couples throughout the country … or a preservation of the status quo. The issue, though, harkens back to another, often forgotten, landmark civil rights decision from 1967 that similarly addressed marriage equality and the concept of equal protection of the law, long before the notion of legalized same-sex marriage was considered even a remote possibility. Continue reading
By Donelle Blubaugh
For the better part of the past decade, California has been engaged in an epic battle over, well, getting engaged. The multiple court cases, votes, legal victories, reversals, protests, celebration and more protests have kept same-sex couples in an ongoing state of marital limbo and made it downright confusing to keep track of where things stand. Continue reading
Same-sex marriage has been legalized in a growing number of states around the country. But under federal law, marriage is still defined as a union between a man and a women. If the U.S. ever does legalize same-sex marriage nationally, it won’t be the first country in the world to do so. Not even close. In fact, there are currently 10 nations around the world where same-sex marriage is universally legal. Explore this map to see where and since when.
The data visualization wizards at the Los Angeles Times put together a great chronological map that illustrates the change in same-sex marriage rights by state since 2000. Click the image below to see the interactive version.
In 1996 the U.S. Congress passed the Defense of Marriage Act (DOMA), stating that “the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.’’.
Under the federal law, states do not have any obligation to recognize same-sex marriages and the legal/financial rights that go along with it. However, individual states have the power to decide – either through legislation or voter initiative – to legalize same-sex marriages. And in recent years, a growing number of states have done just that. They include Massachusetts, New York, Connecticut, Iowa, Vermont and New Hampshire, as well as Washington D.C. In the 2012 election, voters in the state of Washington, Maryland and Maine also legalized marriage for same-sex couples, raising the total number of states to nine.
In California, same-sex marriage was briefly allowed until voters in 2008 passed Proposition 8, which struck down the law. A federal court has since ruled Prop 8 unconstitutional. Same-sex marriages, however, have yet to resume here, and the U.S. Supreme Court is now considering whether to hear the case.
The year was 1996, and a political novice named Barack Obama was running for Illinois State Senate – his first bid for public office. Responding to a questionnaire from Outlines, a gay newspaper in Chicago, Obama wrote: “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages.”
It took him till now to return to that position.
Just two years later, Obama was deeply steeped in the world of politics. In his re-election bid for state senate, the same newspaper asked the same question. Obama’s position had already shifted, though. In response, he said he was now “undecided.”
Since then, Obama has held fast in his support for civil unions and equal rights for gays and lesbians, but until this week, he never firmly tied the knot in support of same-sex marriage. Scroll through the timeline, and view the clips, to see Obama long “evolving” feelings on this issue.
“I think same-sex couples should be able to get married.”