U.S. state constitutional amendments banning same-sex unions

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U.S. state constitutional amendments banning same-sex unions
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Constitutional amendment banned same-sex marriage, civil unions, and any marriage-like contract between unmarried persons
Constitutional amendment banned same-sex marriage and civil unions
Constitutional amendment banned same-sex marriage
Constitutional amendment allowed legislatures to limit marriage to opposite-sex couples
No state constitutional amendment banning legal recognition of same-sex unions
Constitutional amendment recognizing same-sex marriage Constitutional bans on same-sex unions types US.svg
U.S. state constitutional amendments banning same-sex unions
  Constitutional amendment banned same-sex marriage, civil unions, and any marriage-like contract between unmarried persons
  Constitutional amendment banned same-sex marriage and civil unions
  Constitutional amendment banned same-sex marriage
  Constitutional amendment allowed legislatures to limit marriage to opposite-sex couples
  No state constitutional amendment banning legal recognition of same-sex unions

  Constitutional amendment recognizing same-sex marriage
Adoption of marriage amendments over time Marriage amendment animation.gif
Adoption of marriage amendments over time

Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." [1] These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.

Contents

Thirty-one U.S. state constitutional amendments banning legal recognition of same-sex unions have been adopted. Of these, ten make only same-sex marriage unconstitutional; sixteen make both same-sex marriage and civil unions unconstitutional; two make same-sex marriage, civil unions, and other contracts unconstitutional; and one is unique. Hawaii's amendment is unique in that it does not make same-sex marriage unconstitutional; rather, it allows the state to limit marriage to opposite-sex couples. Virginia's amendment prevents the state from recognizing private contracts that "approximate" marriage. Observers have pointed out that such language encompasses private contracts and medical directives. [2] [3] Furthermore, the Michigan Supreme Court has held that the state's amendment bans not only same-sex marriage and civil unions, but also domestic partnership benefits such as health insurance. [4] On November 3, 2020, Nevada became the first U.S. state to repeal its amendment banning same-sex marriage following approval of 2020 Nevada Question 2.

State constitutional amendments are typically approved first by the legislature or special constitutional convention and then by the voters in a referendum. [lower-alpha 1] In some states, one or both of these steps is repeated. [lower-alpha 2] The percentages shown in the list are results from the referendum stage, not the legislative stage.

History

The idea of extending marriage rights to same-sex couples did not become a political issue in the United States until the 1990s. During that decade, several Western European countries legalized civil unions, and in 1993 the Supreme Court of Hawaii ruled in Baehr v. Lewin , 852 P.2d 44 (Haw. 1993), that refusing to grant marriage licenses to same-sex couples was sex-discrimination under that state's constitution. [7] In response, voters passed Hawaii Constitutional Amendment 2. [8] This amendment differed from future marriage amendments in other states as it did not ban same-sex marriage itself, but merely empowered the state legislature to enact such a ban. [9] In November 1998, 69% of Hawaii voters approved the amendment, and the state legislature exercised its power to ban same-sex marriage. [9] [10] Only three constitutional bans on same-sex unions (in Alaska, Nebraska, and Nevada) were proposed between 1998 and 2003. [11] All three amendments passed. [12] [13] [14] In Massachusetts Supreme Judicial Court's November 2003 decision in Goodridge v. Department of Public Health , the court legalized same-sex marriage in Massachusetts. Social and religious conservatives feared that their own state supreme courts would issue such rulings at some point in the future; in order to prevent this, they proposed additional constitutional bans on same-sex marriage. [15] The following year, eleven constitutional referendums banning same-sex unions were placed on state ballots. [16]

On April 3, 2009, Nate Silver post his model of the predicted years that each of the 50 states would vote against a marriage ban, with the last one being Mississippi in 2024.

Purpose and motivation

Constitutional bans on same-sex unions were advocated in response to the legalization of same-sex marriage in other jurisdictions, notably Canada and Massachusetts.

Some amendments and some proposed amendments forbade a state from recognizing even non-marital civil unions and domestic partnerships, while others explicitly allowed for same-sex unions that were not called "marriages".

Such amendments had two main purposes:

Some proponents of such amendments feared that states would be forced to recognize same-sex marriages celebrated in other jurisdictions. They pointed to the full faith and credit clause, which requires each state to recognize the public acts, records, and judicial proceedings of each other state. On the other hand, opponents argued that state constitutional amendments would do nothing to resolve this perceived problem. Traditionally, courts have held that a state is free to decline to recognize a marriage celebrated elsewhere if the marriage violates the state's strong public policy. (§134 of the First Restatement of Conflicts, on Marriage and Legitimacy (1934)). That tradition was broken in 1967 with the Loving v. Virginia case decided by a unanimous Supreme Court, which confirmed that the full faith and credit clause did require recognition of all legal marriages. Similarly, in Obergefell v. Hodges the Supreme Court ruled that the federal constitution required state recognition of same-sex marriages. All state constitutions are trumped by the federal constitution due to the supremacy clause.

Conservative mobilization

State referendums on constitutional bans of same-sex unions have at times been accused of having been used as a "get-out-the-vote" tactic by some Republicans and social conservatives. [17] [18] When voters see that a particular legislative initiative appears on the ballot, they are thought to feel more motivated to turn out to vote, enhancing ballot numbers for other candidates and issues of their party. The presence of these amendments on state ballots has been credited by some as supposedly providing a boost to Republicans in the 2004 election, and the 2004 Ohio amendment in particular has been cited as aiding President George W. Bush's reelection campaign by motivating evangelical social conservatives in the state to go to the polls. [17] [19] President George W. Bush's close political consultant, Karl Rove, has been an enthusiastic proponent and organizer of legislation banning same-sex unions.

After the 2006 elections some activists argued that such referendums were starting to lose their potential to mobilize conservative voters. Kevin Cathcart, director of Lambda Legal pointed to the narrow defeat of Arizona's Proposition 107, which would have rendered civil unions as well as same-sex marriage unconstitutional. [20] Nevertheless, that same election saw seven such amendments pass; these seven included an amendment in Virginia which banned civil unions as well as same-sex marriages. [21]

Variants

Most U.S. state constitutional amendments banning same-sex unions banned civil unions as well as same-sex marriage. [22]

Two marriage amendments differed greatly from all others: Hawaii's and Virginia's. The former gave the Hawaii state legislature the authority to ban same-sex marriages but did not explicitly make such unions unconstitutional. Virginia's amendment not only banned same-sex marriage and civil unions, but arguably rendered any state recognition of private contracts entered into by unmarried couples unconstitutional. [23]

Approved amendments

Amendments that grant legislative authority to ban same-sex marriage

Hawaii's constitutional ban on same-sex unions.svg
StateYearSupport vote %TitleAmendment
Hawaii 199869% [24] [25] Constitutional Amendment 2 [24] The legislature shall have the power to reserve marriage to opposite-sex couples. [26]

Amendments that ban same-sex marriage

Type I constitutional ban on same-sex unions US.svg
StateYearSupport vote %TitleAmendment(in relevant part)
Alaska 199868% [27] Ballot Measure 2, Joint Resolution 42 [27] To be valid or recognized in this State, a marriage may exist only between one man and one woman. [28]
Mississippi 200486% [29] Mississippi Amendment 1 [29] Marriage may take place and may be valid under the laws of this state only between a man and a woman. [30]
Missouri 200472% [31] Constitutional Amendment 2 [32] To be valid and recognized in this state, a marriage shall exist only between a man and a woman. [33]
Montana 200467% [29] Montana Initiative 96 [29] Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. [34]
Oregon 200457% [29] Oregon Ballot Measure 36 [35] Only a marriage between one man and one woman shall be valid or legally recognized as a marriage. [36]
Colorado 200656% [37] Colorado Amendment 43 [38] Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. [38]
Tennessee 200681% [37] Tennessee Amendment 1 [39] The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state. [39]
Arizona 200856% [40] Arizona Proposition 102 [41] Only a union of one man and one woman shall be valid or recognized as a marriage in this state. [41]
California 200852% [40] California Proposition 8 [42] Only marriage between a man and a woman is valid or recognized in California. [42]

Amendments that ban same-sex marriage and civil unions, but not other contracts

Type II constitutional ban on same-sex unions US.svg
StateYearSupport vote %TitleAmendment(in relevant part)
Nebraska 200070% [43] Initiative Measure 416 [43] Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska. [44]
Arkansas 200475% [29] Constitutional Amendment 3 [45] (1) Marriage consists only of the union of one man and one woman. (2) Legal status for unmarried persons which is identical or substantially similar to marital status shall not be valid or recognized in Arkansas. [46]
Georgia 200476% [29] Constitutional Amendment 1 [47] (a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state. (b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. [48]
Kentucky 200475% [29] Constitutional Amendment 1 [49] Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. [50]
Louisiana 200478% [29] Constitutional Amendment 1 [51] Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. [52]
North Dakota 200473% [29] North Dakota Constitutional Measure 1 [53] Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect. [54]
Ohio 200462% [29] State Issue 1 [55] Only a union between one man and one woman may be a marriage valid in or recognized by this state. This state and shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage. [56]
Oklahoma 200476% [29] State Question 711 [57] A. Marriage in this state shall consist only of the union of one man and one woman. Neither this Constitution nor any other provision of law shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups. C. Any person knowingly issuing a marriage license in violation of this section shall be guilty of a misdemeanor. [58]
Utah 200466% [29] Constitutional Amendment 3 [59] Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect. [60]
Kansas 200570% [61] Proposed Amendment 1 [62] (a) Marriage shall be constituted by one man and one woman only. All other marriages are declared to be contrary to the public policy of this state and are void. (b) No relationship, other than a marriage, shall be recognized by the state as entitling the parties to the rights or incidents of marriage. [63]
Texas 200576% [64] Proposition 2 [64] (a) Marriage in this state shall consist only of the union of one man and one woman. (b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage. [65]
Alabama 200681% [66] Sanctity of Marriage Amendment (Amendment 774) [67] No marriage license shall be issued in the State of Alabama to parties of the same sex...

A union replicating marriage of or between persons of the same sex in the State of Alabama or in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state as a marriage or other union replicating marriage. [67]

Idaho 200663% [37] Idaho Amendment 2 [37] A marriage between a man and a woman is the only domestic legal union that shall be valid or recognized in this state. [68]
South Carolina [lower-alpha 3] 200678% [37] South Carolina Amendment 1 [37] A marriage between one man and one woman is the only lawful domestic union that shall be valid or recognized in this State. This State...shall not recognize...any other domestic union, however denominated. [69]
South Dakota 200652% [37] South Dakota Amendment C [37] Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota. [70]
Wisconsin 200659% [37] Wisconsin Referendum 1 [37] Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state. [71]
Florida 200862% [40] Florida Amendment 2 [72] Inasmuch as marriage is the legal union of one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized. [72]
North Carolina 201261% [73] Amendment 1Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts. [74]

Amendments that ban same-sex marriage, civil unions, and other contracts

Virginia and Michigan's constitutional bans on same-sex unions.svg
StateYearSupport vote %TitleAmendment
Michigan 200459% [29] State Proposal - 04-2 [75] To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose. [76] [77]
Virginia 200657% [78] Marshall-Newman Amendment [78] That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage. [79]

Repealed amendments

Nevada's Constitutional Recognition of Same-sex Marriages(1).svg
StateYearSupport vote %TitleAmendment(in relevant part)
Nevada 2000, 2002, [lower-alpha 2] 202069.6%, 67.1%, [lower-alpha 2]
62% [80]
2002 Nevada Question 2 [6]
2020 Nevada Question 2
2002 Nevada Question 2: Only a marriage between a male and female person shall be recognized and given effect in this state. [81]
2020 Nevada Question 2: "1. The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. 2. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage, and no person has the right to make any claim against a religious organization or member of the clergy for such a refusal. 3. All legally valid marriages must be treated equally under the law." [82]

Failed amendments

Obergefell v. Hodges

On June 26, 2015 the U.S. Supreme Court ruled in Obergefell that state laws banning same-sex marriage violate the Fourteenth Amendment, rendering such laws unconstitutional and invalidating the remaining 14 same-sex marriage bans still being fully or partially enforced. [83]

As of 2016, bills have been introduced in Virginia and other states to legislatively repeal the null-and-void amendments. [84]

See also

Notes

  1. The mechanics differ: 17 states allow constitutional amendments to be proposed by popular initiative, all allow the legislature to start the process, and five allow special conventions to start the process. In all states, though, the amendment is approved by elected members of a constitutional convention or elected legislators at least once, with varying standards for approval of the measure. Voters then vote directly on the resulting referendum, except in Delaware, where constitutional amendments are voted on and ratified only by the state legislature. [5]
  2. 1 2 3 Amendments to the Nevada state constitution must be approved by the voters in two consecutive elections. [6]
  3. South Carolina's Amendment explicitly disavows a Virginia-type regime that would affect private contracts: "This section shall not prohibit or limit parties, other than the State or its political subdivisions, from entering into contracts or other legal instruments." [69]

Related Research Articles

The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex (gay) or other unmarried homosexual couples.

The Tennessee Marriage Protection Amendment, also known as Tennessee Amendment 1 of 2006, is a state constitutional amendment banning same-sex unions. The referendum was approved by 81% of voters. It specified that only a marriage between a man and a woman could be legally recognized in the state of Tennessee. This prohibited same-sex marriages within the state, reinforcing previously existing statutes to the same effect until it was overturned by the Obergefell v. Hodges ruling in June 2015.

<span class="mw-page-title-main">1998 Alaska Measure 2</span>

Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.

<span class="mw-page-title-main">2006 Wisconsin Referendum 1</span>

Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or any substantially similar legal status. The referendum was approved by 59% of voters during the general elections in November 2006. All counties in the state voted for the amendment except Dane County, which opposed it. The constitutional amendment created by Referendum 1 has been effectively nullified since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges that state-level bans on same-sex marriage are unconstitutional.

<span class="mw-page-title-main">2006 Idaho Amendment 2</span>

Idaho Amendment 2 of 2006 is an amendment to the Idaho Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions.

<span class="mw-page-title-main">2005 Texas Proposition 2</span>

Proposition 2 was a referendum for a state constitutional amendment placed on the ballot by the Texas legislature and approved by the voters at the November 8, 2005 general election. The measure added a new provision to the Texas Constitution, Article 1, Section 32, which provides that "Marriage in this state shall consist only of the union of one man and one woman", and "This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." Texas thus became the nineteenth US state to adopt constitutional amendment banning same-sex marriage. It was the most populous state to adopt a constitutional ban on same-sex marriage until California passed its ban in November 2008. The amendment was later invalidated after the Supreme Court legalized Same-Sex marriage nationwide following the decision in Obergefell v. Hodges in June 2015, though the amendment is still currently in the Texas Constitution.

<span class="mw-page-title-main">Nebraska Initiative 416</span> Ballot measure in Nebraska banning state recognition of same-sex partnerships

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 recognized in the state of Nebraska.

<span class="mw-page-title-main">2004 Arkansas Amendment 3</span> Arkansas Constitution adminment

Constitutional Amendment 3 of 2004, is an amendment to the Arkansas Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.

<span class="mw-page-title-main">2004 Georgia Amendment 1</span> Amendment to the Georgia Constitution

Georgia Constitutional Amendment 1 of 2004, is an amendment to the Georgia Constitution that previously made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 76% of the voters.

<span class="mw-page-title-main">2004 Kentucky Amendment 1</span> Kentucky constitutional admendment

Kentucky Constitutional Amendment 1 of 2004, is an amendment to the Kentucky Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.

<span class="mw-page-title-main">2004 Louisiana Amendment 1</span> 2004 ballot measure

Louisiana Constitutional Amendment 1 of 2004, is an amendment to the Louisiana Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 78% of the voters.

<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.

<span class="mw-page-title-main">North Dakota Constitutional Measure 1</span>

North Dakota Constitutional Measure 1 of 2004, is an amendment to the North Dakota Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 73% of the voters.

<span class="mw-page-title-main">2004 Ohio Issue 1</span>

Section 15.11 is a provision in the Ohio Constitution that makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. Approved as a constitutional amendment in 2004 under the name of "Issue One", it received support from 61.7% of voters.

<span class="mw-page-title-main">2004 Oklahoma State Question 711</span> Amendment to the Oklahoma Constitution

Oklahoma Question 711 of 2004, was an amendment to the Oklahoma Constitution that defined marriage as the union of a man and a woman, thus rendering recognition or performance of same-sex marriages or civil unions null within the state prior to its being ruled unconstitutional. The referendum was approved by 76 percent of the voters.

<span class="mw-page-title-main">1998 Hawaii Amendment 2</span>

Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted same-sex partnerships.

<span class="mw-page-title-main">2006 Virginia Question 1</span> Amendment to the Constitution of Virginia

2006 Virginia Question 1, the Marshall-Newman Amendment is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximat[ing] the design, qualities, significance, or effects of marriage". The amendment was ratified by 57% of the voters on November 7, 2006. It became part of the state Constitution as Section 15-A of Article 1. In 2014, the amendment was ruled unconstitutional in Bostic v. Schaefer.

<span class="mw-page-title-main">2008 Arizona Proposition 102</span> Electoral amendment to the Arizona state constitution

Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996. In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.

Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Mary L. Bonauto is an American lawyer and civil rights advocate who has worked to eradicate discrimination based on sexual orientation and gender identity, and has been referred to by US Representative Barney Frank as "our Thurgood Marshall." She began working with the Massachusetts-based Gay & Lesbian Advocates & Defenders, now named GLBTQ Legal Advocates & Defenders (GLAD) organization in 1990. A resident of Portland, Maine, Bonauto was one of the leaders who both worked with the Maine legislature to pass a same-sex marriage law and to defend it at the ballot in a narrow loss during the 2009 election campaign. These efforts were successful when, in the 2012 election, Maine voters approved the measure, making it the first state to allow same-sex marriage licenses via ballot vote. Bonauto is best known for being lead counsel in the case Goodridge v. Department of Public Health which made Massachusetts the first state in which same-sex couples could marry in 2004. She is also responsible for leading the first strategic challenges to section three of the Defense of Marriage Act (DOMA).

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