Timeline of civil marriage in the United States

Last updated

Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.

Contents

1900–1999

2000–present

See also

Related Research Articles

<span class="mw-page-title-main">Utah Constitutional Amendment 3</span>

Utah Constitutional Amendment 3 was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other states.

Same-sex marriage in California has been legal since June 28, 2013. The U.S. state first issued marriage licenses to same-sex couples on June 16, 2008 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.

Nebraska Initiative 416 was a 2000 ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriage, same-sex civil unions or domestic partnerships. The referendum was approved on November 7, 2000, by 70% of the voters. The initiative has since been struck down in federal court and same-sex marriage is now legally recognised in the state of Nebraska.

<span class="mw-page-title-main">2004 Michigan Proposal 2</span>

Michigan Proposal 04-2 of 2004, is an amendment to the Michigan Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 59% of the voters. The amendment faced multiple legal challenges and was finally overturned in Obergefell v. Hodges by the U.S. Supreme Court.

Same-sex marriage in Florida has been legal since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015.

Same-sex marriage in Colorado has been legally recognized since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, 2014, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado.

Same-sex marriage in Utah has been legal since October 6, 2014. On December 20, 2013, the state began issuing marriage licenses to same-sex couples as a result of the U.S. District Court for the District of Utah's ruling in the case of Kitchen v. Herbert, which found that barring same-sex couples from marriage violates the U.S. Constitution. The issuance of those licenses was halted during the period of January 6, 2014 until October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to hear an appeal in a case that found Utah's ban on same-sex marriage unconstitutional, the Tenth Circuit Court of Appeals ordered the state to recognize same-sex marriage.

Same-sex marriage in Michigan has been legal since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The U.S. state of Michigan had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the Constitution of Michigan in 2004. A statute enacted in 1996 also banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage in Idaho has been legally recognized since October 15, 2014. In May 2014, the U.S. District Court for the District of Idaho in the case of Latta v. Otter found Idaho's statutory and state constitutional bans on same-sex marriage unconstitutional, but enforcement of that ruling was stayed pending appeal. The Ninth Circuit Court of Appeals affirmed that ruling on October 7, 2014, though the U.S. Supreme Court issued a stay of the ruling, which was not lifted until October 15, 2014.

Same-sex marriage in Nebraska has been legally recognized since June 26, 2015, when the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment. Following the court ruling, the Attorney General, Doug Peterson, announced that the state of Nebraska would comply and recognize same-sex marriages.

<i>Kitchen v. Herbert</i>

Kitchen v. Herbert, 961 F.Supp.2d 1181, affirmed, 755 F.3d 1193 ; stay granted, 134 S.Ct. 893 (2014); petition for certiorari denied, No. 14-124, 2014 WL 3841263, is the federal case that successfully challenged Utah's constitutional ban on marriage for same-sex couples and similar statutes. Three same-sex couples filed suit in March 2013, naming as defendants Utah Governor Gary R. Herbert, Attorney General John Swallow, and Salt Lake County Clerk Sherrie Swensen in their official capacities.

This is a list of notable events in the history of LGBT rights that took place in the year 2014.

Same-sex marriage in Kentucky has been legal since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

<i>Geiger v. Kitzhaber</i> 2014 court case in Oregon, US, about same-sex marriage

Geiger v. Kitzhaber is a decision by the U.S. District Court for the District of Oregon that requires Oregon to allow same-sex couples to marry and to recognize same-sex marriages established in other jurisdictions. The decision arose from two consolidated cases that alleged that Oregon's constitutional ban on same-sex marriage, Article 15, § 5, and all related marriage statutes, violate the Due Process Clause and the Equal Protection Clause of the 14th Amendment to the United States Constitution. Among the several defendants, Attorney General Ellen Rosenblum filed appearances in the case to defend Oregon's position, but declined to defend the constitutionality of the bans and ordered state agencies to recognize the validity of same-sex marriages established elsewhere.

Same-sex marriage in Missouri has been legal since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.

Same-sex marriage in Arkansas has been legal since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, in which the court struck down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

Same-sex marriage in Georgia has been legal since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Attorney General Sam Olens said that Georgia would "adhere to the ruling of the Court", and the first couple married just minutes after the ruling was handed down. Previously, Georgia had banned same-sex marriage both by statute and its State Constitution.

In the United States, the history of same-sex marriage dates from 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 though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

On April 28, 2015, the Supreme Court of the United States heard oral arguments for Obergefell v. Hodges (Ohio), which was consolidated with three other same-sex marriage cases from the other states in the Sixth Circuit: Tanco v. Haslam (Tennessee), DeBoer v. Snyder (Michigan), Bourke v. Beshear (Kentucky). On June 26, 2015 the Supreme Court reversed the Sixth Circuit's decision, paving the way for same-sex marriage to become legal in those states, and setting a precedent for the entire nation. All four states complied with the ruling the same day it was issued before the mandate was actually issued. Every state in the circuit had a district court ruling against their states' ban, but they were eventually stayed pending appeal. The Sixth Circuit consists of Kentucky, Michigan, Ohio, and Tennessee. On August 6, 2014, the Sixth Circuit heard oral arguments for same-sex marriage cases from each state within the circuit. On November 6, 2014, the Sixth Circuit in a split 2-1 decision, upheld the states' same-sex marriage bans, reversing the district courts' rulings that struck them down. The Sixth Circuit was the first and only circuit court since the landmark ruling United States v. Windsor to uphold the constitutionality of states' same-sex marriage bans which caused a circuit split.

References

  1. "Official Statement by President Joseph F. Smith", Improvement Era 7:545–546 (Apr. 1904).
  2. Hacker, Meg. "When Saying "I Do" Meant Giving Up Your U.S. Citizenship" (PDF). National Archives. National Archives and Records Administration. Retrieved October 15, 2020.
  3. 1 2 3 Solidarity.org, A Selective History of Marriage in the United States
  4. citicen's for equal protection v. bruning 455 F.3d 859 (8th Cir. 2006).
  5. Nagourney, Adam (February 7, 2012). "Court Strikes Down Ban on Gay Marriage in California". The New York Times.
  6. "A Law Prohibiting Polygamy is Weakened", New York Times , September 14, 2013
  7. "'Sister Wives' case: Judge strikes down part of Utah polygamy law". CNN.com. CNN. 2013-12-14. Retrieved 2013-12-19.
  8. Peggy Fletcher Stack (December 14, 2013), "Laws on Mormon polygamists lead to win for plural marriage", The Salt Lake Tribune, retrieved 2013-12-19
  9. "Obergefell v. Hodges".
  10. "Archived copy" (PDF). Archived from the original (PDF) on 2016-04-20. Retrieved 2016-04-19.{{cite web}}: CS1 maint: archived copy as title (link)