The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
Goodridge v. Dept. of Public Health, 798 N.E.2d 941, is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.
This is a list of notable events in the history of LGBTQ rights that took place in the year 2004.
Proposition 22 was a law enacted by California voters in March 2000 stating that marriage was between one man and one woman. In November 2008, Proposition 8 was also passed by voters, again only allowing marriage between one man and one woman. The Act was proposed by means of the initiative process. It was authored by state Senator William "Pete" Knight and is known informally as the Knight initiative. Voters adopted the measure on March 7, 2000, with 61% in favor to 39% against. The margin of victory surprised many, since a Field Poll immediately prior to the election estimated support at 53%, with 40% against and 7% undecided.
Same-sex marriage has been legal in California since June 28, 2013. The State of California first issued marriage licenses to same-sex couples from June 16, 2008 to November 5, 2008, a period of approximately 4 months, 2 weeks and 6 days, as a result of the Supreme Court of California finding in the case of In re Marriage Cases that barring same-sex couples from marriage violated the Constitution of California. The issuance of such licenses was halted from November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the U.S. Supreme Court's decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.
Richard A. Kramer is a judge serving on the San Francisco County Superior Court. He is most known for his 2005 ruling striking down Proposition 22, a California ballot initiative defining marriage as only valid when between a man and a woman.
The San Francisco 2004 same-sex weddings took place between February 12 and March 11, 2004, after San Francisco Mayor Gavin Newsom directed the city-county clerk to issue marriage licenses to same-sex couples. California Attorney General Bill Lockyer and a number of interest groups sued to end the practice. About 4,000 such licenses were issued before the California Supreme Court ordered a halt to the practice on March 11. On August 12, 2004, the California Supreme Court voided all of the licenses that had been issued in February and March.
This is a list of notable events in the history of LGBTQ rights that took place in the year 2008.
Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in court. The proposition was created by opponents of same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, In re Marriage Cases, which followed the short-lived 2004 same-sex weddings controversy and found the previous ban on same-sex marriage unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals.
Kathryn Jocelyn Mickle Werdegar is a former Associate Justice of the Supreme Court of California, serving from June 3, 1994, to August 31, 2017.
Varnum v. Brien, 763 N.W.2d 862, was an Iowa Supreme Court case in which the Court unanimously held that the state's limitation of marriage to opposite-sex couples violated the equal protection clause of the Iowa Constitution. The case had the effect of legally recognizing same-sex marriage in Iowa. In 2007, a lower court had granted summary judgment in favor of six same-sex couples who sued Timothy Brien, Polk County Recorder, for refusing to grant them marriage licenses.
Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 957 A.2d 407, is a 2008 decision by the Connecticut Supreme Court holding that allowing same-sex couples to form same-sex unions but not marriages violates the Connecticut Constitution. It was the third time that a ruling by the highest court of a U.S. state legalized same-sex marriage, following Massachusetts in Goodridge v. Department of Public Health (2003) and California in In re Marriage Cases (2008). The decision legalized same-sex marriage in Connecticut when it came into effect on November 12, 2008. There were no attempts made to amend the state constitution to overrule the decision, and gender-neutral marriage statutes were passed into law in 2009.
The recorded history of marriage in California is long and encompasses a period as far back as the first Spanish missions and even further back in unrecorded history of Indigenous Californians and their marriage history.
Strauss v. Horton, 46 Cal. 4th 364, 93 Cal. Rptr. 3d 591, 207 P.3d 48 (2009), was a decision of the Supreme Court of California, the state's highest court. It resulted from lawsuits that challenged the voters' adoption of Proposition 8 on November 4, 2008, which amended the Constitution of California to outlaw same-sex marriage. Several gay couples and governmental entities filed the lawsuits in California state trial courts. The Supreme Court of California agreed to hear appeals in three of the cases and consolidated them so they would be considered and decided. The supreme court heard oral argument in the cases in San Francisco on March 5, 2009. Justice Kathryn Mickle Werdegar stated that the cases will set precedent in California because "no previous case had presented the question of whether [a ballot] initiative could be used to take away fundamental rights".
The American Foundation for Equal Rights (AFER) was a nonprofit organization active in the United States from 2009 through 2015. The organization was established to support the plaintiffs in Hollingsworth v. Perry, a federal lawsuit challenging California's Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. AFER retained former United States Solicitor General Theodore B. Olson and David Boies to lead the legal team representing the plaintiffs challenging Proposition 8.
Hollingsworth v. Perry was a series of United States federal court cases that re-legalized same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that banning same-sex marriage violates equal protection under the law. This decision overturned California ballot initiative Proposition 8, which had banned same-sex marriage. After the State of California refused to defend Proposition 8, the official sponsors of Proposition 8 intervened and appealed to the Supreme Court. The case was litigated during the governorships of both Arnold Schwarzenegger and Jerry Brown, and was thus known as Perry v. Schwarzenegger and Perry v. Brown, respectively. As Hollingsworth v. Perry, it eventually reached the United States Supreme Court, which held that, in line with prior precedent, the official sponsors of a ballot initiative measure did not have Article III standing to appeal an adverse federal court ruling when the state refused to do so.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.
United States v. Windsor, 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment.
Obergefell v. Hodges, 576 U.S. 644 (2015), was a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.
