Timeline of civil marriage in the United States

Last updated January 12, 2023

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.

1900–1999

1900 – All states now grant married women the right to own property in their own name.
1904 – LDS Church President Joseph F. Smith issues the 1904 "Second Manifesto", which stated that the church was no longer sanctioning plural (polygamous) marriages and would excommunicate anyone who participates in future polygamy.^[1]
1907 – Under the Expatriation Act of 1907, American women will lose citizenship when they marry a foreign husband.^[2]
1913 – The federal government formally recognizes marriage in law for the first time with the passage of the Revenue Act of 1913.
1929 – All states now have laws regarding marriage licenses.
1933 – Married women granted right to citizenship independent of their husbands.
1948 – California Supreme Court overturns interracial marriage ban ( Perez v. Sharp ).
1965 – The Supreme Court overturns laws prohibiting married couples from using contraception ( Griswold v. Connecticut ).
1967 – The Supreme Court overturns laws prohibiting interracial couples from marrying ( Loving v. Virginia ).^[3]
1969 – The first no-fault divorce law, signed by Governor Ronald Reagan, is adopted in California.^[3]
1971 – The Supreme Court upholds an Alabama law which automatically changes a woman's legal surname to that of her husband upon marriage.^{[ citation needed ]}
1971 – The Supreme Court refuses to hear challenge to a Minnesota Supreme Court ruling allowing prohibition of same-sex marriage ( Baker v. Nelson ).
1972 – The Supreme Court overturns laws prohibiting unmarried couples from purchasing contraception ( Eisenstadt v. Baird ).
1973 – Maryland becomes the first state in the U.S. to define marriage as "between a man and a woman" in statute.
1975 – Married women allowed to have credit in their own name.
1975 – Three states^{[ which? ]} outlaw same-sex marriage by statutes.
1976 – The Supreme Court overturns laws prohibiting abortions for married women without the consent of the husband.
1993 – All 50 states have revised laws to include marital rape.^[3]
1996 – President Bill Clinton signs the Defense of Marriage Act into law, which outlaws federal recognition of both same-sex marriage and polygamy, and removes any requirement that states recognize such marriages entered into in other jurisdictions.
1998 – Hawaii amends its constitution to allow the legislature to ban same-sex marriage, in response to a court ruling which would otherwise have allowed such marriages. Alaska becomes the first state to ban both same-sex marriage and polygamy in its constitution.
1998 – South Carolina is the penultimate state in the U.S. to remove the ban on interracial marriage in its state constitution.

2000–present

2000 – Nebraska amends its state constitution to outlaw same-sex marriage and polygamy.
2000 – Alabama becomes the last state in the US to remove the ban on interracial marriage in its state constitution.
2002 – Nevada amends its state constitution to outlaw same-sex marriage and polygamy.
2004 – Massachusetts grants and recognizes same-sex marriages, while 14 states rush to outlaw same-sex marriage and polygamy through their state constitutions in response.
2005 – Texas amends its state constitution to outlaw same-sex marriage and polygamy.
2006 – 26 states outlaw same-sex marriage and polygamy through their state constitutions. Arizona becomes the first state in the United States to reject a constitutional amendment banning both same-sex marriage and polygamy, but passes a constitutional amendment two years later.
2006 – 8th Circuit Court of Appeals upholds Nebraska's ban on gay marriage.^[4]
2008 – New York starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages. Connecticut begins granting and recognizing same-sex marriages. California briefly granting and recognizing same-sex marriage until the passage of Proposition 8 later in the year (as well as both the states of Arizona and Florida in banning same-sex marriage and polygamy on the same day in their state constitutions). In California only (prior to Proposition 8) continues recognizing same-sex marriages entered into prior to the proposition's passage. 29 states outlaw same-sex marriage and polygamy through their state constitutions.
2009 – Iowa and Vermont grant and recognize same-sex marriages; the District of Columbia starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages. Maine repeals the legalization of same-sex marriage before coming into effect by popular vote, which was overturned three years later by another popular vote.
2010 – New Hampshire and the District of Columbia begins granting and recognizing same-sex marriages. Maryland starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages. In Perry v. Schwarzenegger , a district court overturns California's ban on same-sex marriage (however, the decision is stayed pending an appeal).
2011 – New York begins granting and recognizing same-sex marriages.
2012 – A federal appeals court upholds the district court decision that struck down California's ban on same-sex marriage (the case was appealed to the U.S. Supreme Court).^[5]
2012 – North Carolina amends its state constitution by a vote to outlaw both same-sex marriage and polygamy, bringing the total to 30 states that have outlawed both same-sex marriage and polygamy through their state constitutions. Rhode Island starts recognizing same-sex marriages performed in other jurisdictions, but does not grant such marriages.
2012 – Both Washington and Maine begins granting and recognizing same-sex marriages, only after approval from a referendum, while Minnesota rejects a constitutional amendment banning both same-sex marriage and polygamy.
2013 – Maryland begins granting and recognizing same-sex marriages, only after approval from a referendum.
2013 - Legal same-sex marriage begins in Delaware and Minnesota.
2013 - The Supreme Court of the United States finds that there is no standing for the appeal of the decision overturning Proposition 8 in California, leading to re-introduction of legal same-sex marriages in that state.
2013 - The Supreme Court of the United States overturns the Defense of Marriage Act, which outlaws federal recognition of both same-sex marriage and polygamy. Requiring that the federal government recognize marriages in states where such unions are legal.
2013 - US District court finds in Brown v. Buhman that portions of Utah's ban on multiple cohabitation were unconstitutional but allowed Utah to maintain its ban on multiple marriage licenses.^[6]^[7]^[8]
2013 - The U.S. District Court for the District of Utah strikes down Utah's ban on same-sex marriage. The ruling was not stayed for several weeks allowing nearly a thousand same-sex couples to marry, though the ruling was stayed by the U.S. Supreme Court on January 6, 2014.
January 2014 - On January 14, The U.S. District Court for the Northern District of Oklahoma struck down Oklahoma's ban on same-sex marriage and stayed the ruling pending appeal. Oklahoma announced its intent to appeal to the Tenth Circuit Court of Appeals.
February 2014 - On February 12, U.S. District Court struck down Kentucky's ban on recognize same-sex marriages performed in other jurisdictions. The order was stayed pending appeal on March 20 and never took effect. On February 13, the U.S. District Court for the Eastern District of Virginia struck down Virginia's ban on same-sex marriage and stayed the ruling pending appeal. On February 26, a U.S. District Court struck down Texas's ban on same-sex marriage and stayed the ruling pending appeal.
March 2014 - On March 4, several Illinois counties began issuing marriage licenses to same-sex couple after an opinion issued by the state attorney general. This was ahead of a law scheduled to take effect statewide on June 1. On March 21, the U.S. District Court for the Eastern District of Michigan struck down Michigan's ban on same-sex marriage. The ruling took effect immediately and over 300 same-sex couples obtained marriage licenses before the ruling was stayed pending appeal by the Sixth Circuit.
May 2014 - On May 9, a Pulaski County Circuit Judge in Arkansas struck down the state's ban on same-sex marriage. Nearly 500 couples obtained marriage licenses before the ruling was stayed on May 16 by the Arkansas Supreme Court. On May 14, the U.S. District Court for the District of Idaho struck down the state's same-sex marriage ban and ordered the state to start recognizing same-sex marriages performed in other jurisdictions as well as license them. The ruling was stayed pending appeal before it took effect. On May 19, the U.S. District Court of Oregon struck down the state's ban on same-sex marriage and ordered marriages to begin immediately. The state agreed with the ruling and refused to appeal, legalizing same-sex marriage in Oregon. On May 20, the U.S. District Court for the Middle District of Pennsylvania struck down Pennsylvania's statutory ban on same-sex marriage. Like Oregon, the judge ordered marriages to begin immediately. The state refused to appeal the decision, legalizing same-sex marriage in Pennsylvania.
June, 2015 - On June 26, the Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment to the constitution 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,^[9] legalizing same-sex marriage in the United States.
April 2016—The Tenth Circuit overturns the District Court's ruling on Brown v. Buhman declaring that Brown lacks standing to sue.^[10]

Related Research Articles

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.

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.

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

↑ "Official Statement by President Joseph F. Smith", Improvement Era 7:545–546 (Apr. 1904).
↑ 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.
1 2 3 Solidarity.org, A Selective History of Marriage in the United States
↑ citicen's for equal protection v. bruning 455 F.3d 859 (8th Cir. 2006).
↑ Nagourney, Adam (February 7, 2012). "Court Strikes Down Ban on Gay Marriage in California". The New York Times.
↑ "A Law Prohibiting Polygamy is Weakened", New York Times , September 14, 2013
↑ "'Sister Wives' case: Judge strikes down part of Utah polygamy law". CNN.com. CNN. 2013-12-14. Retrieved 2013-12-19.
↑ Peggy Fletcher Stack (December 14, 2013), "Laws on Mormon polygamists lead to win for plural marriage", The Salt Lake Tribune, retrieved 2013-12-19
↑ "Obergefell v. Hodges".
↑ "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)

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[IR-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.

[solidarity-3] 1 2 3 Solidarity.org, A Selective History of Marriage in the United States

[4] ticen'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)

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Timeline of civil marriage in the United States

Contents

1900–1999

2000–present

See also

Related Research Articles

References