So, it needs to get out of there," Rep. Five years after the Supreme Court had its say on the issue, same-sex marriage remains a politically contentious issue, and LGBTQ advocates continue to battle in courtrooms and statehouses to ensure gay couples can exercise their right to marry. States have two types of bans on same-sex marriage: statutory and constitutional. There were two phases of same-sex marriage bans, according to Pierceson. The first one began in the s, when gay couples would apply for marriage licenses and many state judges at the time ruled that these unions were not prohibited.
This prompted lawmakers to explicitly outlaw same-sex marriage. In , Maryland became the first state to do so. Other states quickly followed, with Virginia , Arizona and Oklahoma passing similar laws in , and Florida , California , Wyoming and Utah doing so in That ruling prompted state and federal lawmakers to take action.
Utah was first to enact a statutory ban in response to that decision in , and then a year later, Congress passed the federal Defense of Marriage Act, or DOMA, which defined marriage as between one man and one woman. In , Hawaii became the first state to pass a constitutional amendment specifically targeting same-sex marriage. The measure empowered the legislature to enact a ban, which it did that same year through a constitutional referendum. Ultimately, 30 more states adopted constitutional amendments prohibiting gay marriage.
While the Obergefell v. Supreme Court. Here is a look at the states that have approved gay marriage. Soon after, the state began issuing marriage licenses to same-sex couples. The next year, a recall campaign by opponents of same-sex marriage forced three judges from the bench.
A effort to oust a fourth judge was unsuccessful. Vermont in had become the first state to allow civil unions for gay couples. The U. Supreme Court decides Lawrence v. Texas , striking down sodomy law and enshrining a broad constitutional right to sexual privacy. California passes a domestic partnership law which provides same-sex partners with almost all the rights and responsibilities as spouses in civil marriages.
President Bush states that he wants marriage reserves for heterosexuals and the Massachusetts Supreme Court hands down a decision that makes Massachusetts the first state to legalize gay marriage. Portland, Oregon also begins issuing marriage licenses to same-sex couples. While San Francisco is told to halt same-sex unions, Oregon takes the more drastic step of halting all marriages until the state decides who can and cannot wed.
The proposed constitutional amendment with the same-sex ban dies in the U. Senate after testimony against it from conservative politicians. Missouri votes to ban same-sex marriage. Washington state says yes to same-sex marriage in a court decision while the California Supreme Court voids same-sex marriages.
On May 17, , Massachusetts became the first state and sixth jurisdiction in the world to legalize same-sex marriage. Following this, opponents of same-sex marriage began tightening marriage restrictions, with several states approving state constitutional amendments specifically defining marriage as the union of one man and one woman.
Up until , legalization came through state courts, the enactment of state legislation, or the result of the decisions of federal courts.
On November 6, , Maine , Maryland and Washington became the first states to legalize same-sex marriage through popular vote.
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