Same-sex marriage in Michigan

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Same-sex marriage has been legal in Michigan 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.

Contents

On March 21, 2014, the U.S. District Court for the Eastern District of Michigan ruled the state's denial of marriage rights to same-sex couples unconstitutional. More than 300 same-sex couples married in Michigan the next day before the Sixth Circuit Court of Appeals stayed enforcement of the district court's decision. On November 6, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage. The state was ordered to recognize the 323 marriages performed on March 22, and the state announced it would not appeal that order.

Statutes

In June 1995, the Michigan House of Representatives voted 88–14 to ban same-sex marriage in the state, and the Michigan State Senate voted 31–2 in favor. That same month, the House approved by a 74–28 vote a bill banning recognition of out-of-state same-sex marriages. The Senate also approved this bill. [1] [2] Governor John Engler signed both bills into law.

In June 2023, Representative Jason Morgan introduced legislation to the Michigan Legislature to amend all gendered marital references in state statutes and repeal the statutory ban on same-sex marriages. [3]

Constitutional amendment

In 2004, voters approved a constitutional amendment, Michigan Proposal 04-2, that banned same-sex marriage and civil unions in the state. It passed with 58.6% of the vote. The Michigan Supreme Court later ruled that public employers in Michigan could not grant domestic partnership benefits given the restrictions imposed by the amendment. [4]

Following the 2022 elections, in which the Democratic Party won full control of the state government for the first time since 1983, some Democratic lawmakers said they were considering introducing a constitutional amendment to repeal the 2004 ban. Representative Jeremy Moss said, "Regardless of what happens with Obergefell in the future – which obviously, there is a threat it could be overturned – right now, we have unconstitutional language in our Constitution. […] We should be working now, as we should have been working, to repeal the language in our constitution that bans marriage equality." Attorney General Dana Nessel said she would push for such an amendment to be passed and placed on the ballot for approval by voters. [5] In June 2023, Representative Morgan introduced a constitutional amendment to codify same-sex marriage in the Michigan Constitution and repeal the 2004 ban. Morgan said, "No couple in our state should live with the fear that their marriage could be put into jeopardy. While marriage between individuals of the same sex is currently protected through a ruling of the U.S. Supreme Court, the overturning of Roe v. Wade has made it clear how precarious our rights truly are. I am so excited to be marrying the love of my life, Jon, this year, and I will not rest until we protect the right to marriage for every couple in Michigan." The measure requires a two-thirds majority in both chambers of the Michigan Legislature and approval by voters. [3] [6]

Lawsuits

DeBoer v. Snyder

On January 23, 2012, a lesbian couple filed a lawsuit, DeBoer v. Snyder, in the U.S. District Court for the Eastern District of Michigan, challenging the state's ban on adoption by same-sex couples. In August 2012, Judge Bernard A. Friedman invited the couple to amend their suit to challenge the state's ban on same-sex marriage, "the underlying issue". [7] On March 7, 2013, Friedman announced that he would delay ruling pending the outcome of two same-sex marriage cases before the U.S. Supreme Court, United States v. Windsor and Hollingsworth v. Perry . [8] Friedman held a trial from February 25 to March 7, 2014. On March 21, he ruled for the plaintiffs, ending Michigan's denial of marriage rights to same-sex couples. [9] Attorney General Bill Schuette immediately filed an emergency motion requesting a stay of the ruling. [10]

Four of Michigan's 83 county clerks opened their offices on Saturday, March 22, to issue marriage licenses to same-sex couples: Barbara Byrum of Ingham County, Nancy Waters of Muskegon County, Lisa Brown of Oakland County, and Lawrence Kestenbaum of Washtenaw County. [11] [12] The four counties issued 323 marriage licenses to same-sex couples that day. [13] The Sixth Circuit Court of Appeals temporarily stayed enforcement of Friedman's ruling that same day, [14] and stayed the ruling indefinitely on March 25. [15] On March 28, U.S. Attorney General Eric Holder announced that the federal government would recognize the validity of the same-sex marriages licensed on March 22. [16]

On November 6, 2014, the Sixth Circuit reversed the lower court's ruling and upheld Michigan's ban on same-sex marriage. [17] The case was later incorporated into Obergefell v. Hodges and decided along with several other Sixth Circuit court cases related to the legality of state bans on same-sex marriage. On June 26, 2015, the U.S. Supreme Court handed down a ruling in favor of the plaintiffs and legalized same-sex marriage throughout the United States. The court held that the Due Process and Equal Protection clauses of the Fourteenth Amendment guarantee same-sex couples the right to marry. [18] Governor Snyder issued the following statement, "Our state government will follow the law and our state agencies will make the necessary changes to ensure that we will fully comply.", and Attorney General Schuette said the state would "honor, respect and uphold the decision of the Supreme Court of the United States". Representative Debbie Dingell said, "Love is love. It's not ours to judge. Today the Supreme Court affirmed that individuals can love whomever they choose. I'm simply happy for my friends, April and Jayne, who have five wonderful children they want to be able to adopt and love. I can't wait to attend their wedding." State Senator Jim Ananich called it a "great day for everyone who believes in equal rights", and Representative Sander Levin said it was a "historic day, reflecting what each of us knows in our hearts and within our communities, we are all equal and should be able to marry who we love." Representatives Brenda Lawrence and John Conyers also welcomed the court decision. The Majority Leader of the Michigan Senate, Arlan Meekhof, said he was "disappointed" and "concerned by the Court's decision to disregard states' rights in favor of the federal government". Michigan's Catholic bishops released a statement that the ruling would "have a significant ripple effect upon the first amendment right to religious liberty". [19]

Caspar v. Snyder

Eight same-sex couples represented by the American Civil Liberties Union (ACLU) filed suit in U.S. district court on July 25, 2014, seeking recognition of their so-called "window marriages" established on March 21 and 22, 2014 before the Sixth Circuit Court of Appeals stayed the district court's ruling in DeBoer. [20] The state had asked the district court to suspend proceedings pending final resolution of DeBoer or to find those marriages invalid. [21] On January 15, 2015, U.S. District Judge Mark A. Goldsmith ruled that the state must recognize those marriages, but stayed implementation of his ruling for 21 days. He wrote: "In these circumstances, what the state has joined together, it may not put asunder." [22] [23] On February 4, Governor Rick Snyder announced that the state would recognize those marriages and would not appeal the decision. [24]

Carrick v. Snyder

In January 2015, Pastor Neil Patrick Carrick of Detroit brought a case, Carrick v. Snyder , against Michigan, arguing that the state's ban of same-sex marriage and polygamy violated the Free Exercise and Equal Protection clauses of the U.S. Constitution. [25] [26] The case was dismissed for lack of standing in February 2016. [27]

Native American nations

Same-sex marriage is legal on the reservations of the Bay Mills Indian Community, the Grand Traverse Band of Ottawa and Chippewa Indians, [28] the Keweenaw Bay Indian Community, the Little Traverse Bay Bands of Odawa Indians, and the Sault Tribe of Chippewa Indians, [29] five federally recognized Ojibwe tribes. The Little Traverse Bay Bands of Odawa Indians was the first Native American tribe to legalize same-sex marriage in Michigan when its Tribal Council voted to legalize in March 2013. The Tribal Chairman, Dexter McNamara, signed the legislation on March 15, 2013, [30] and the first couple, Tim LaCroix and Gene Barfield, were married near Harbor Springs that same day. The Tribal Code states: "Marriage means the legal and voluntary union of two persons to the exclusion of all others". The Keweenaw Bay Indian Community Tribal Council voted in November 2014 to hold a non-binding referendum on legalizing same-sex marriage on the reservation. The referendum was held on December 13, 2014, and passed with 54% of the vote. [31] Provisions permitting same-sex marriages to be performed were included into the Tribal Code after the Tribal Council approved the changes on June 6, 2015. [32] The Sault Tribe of Chippewa Indians legalized same-sex marriage on July 7, 2015, and the Bay Mills Executive Council approved a marriage ordinance permitting same-sex marriages to be solemnized on their reservation on July 8, 2019. [33]

Same-sex marriage has also been legal on the reservation of the Pokagon Band of Potawatomi Indians since May 8, 2013. The first same-sex marriage was performed for Daniel Hossler and Enrico Perez in Dowagiac on June 20, 2013. [34] Same-sex marriage has also been legal in the Hannahville Indian Community since August 3, 2015, [35] and the Nottawaseppi Huron Band of Potawatomi since March 16, 2023. [36]

While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. This two-spirit status allowed for marriages between two biological males or two biological females to be performed among some of these tribes. [37] Potawatomi society has traditionally recognized two-spirit individuals, known as mnedokwé (pronounced [mnədoˈkʷɛ] , plural: mnedokwék), [38] who "sought out female company" from an early age, possessed the "work skills" of both sexes, "talked like women", and were regarded as "esteemed persons with special spiritual powers". [37] Ruth Landes reported in 1970 that they were "said to possess visions…but not to practice sorcery. [Mnedokwék] exemplified a distinct category of 'power'." [39] Two-spirit people are known in the Ojibwe language as niizh manidoowag (pronounced [niːʒmaˈnɪˌdoːˌwak] ). [40] Many were wives in polygynous households. [37]

Demographics and marriage statistics

Data from the 2000 U.S. census showed that 15,368 same-sex couples were living in Michigan. By 2005, this had increased to more than 22,000 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state. Most couples lived in Wayne, Oakland and Macomb counties, but the county with the highest percentage of same-sex couples was Washtenaw (0.7% of all county households). Same-sex partners in Michigan were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 18% of same-sex couples in Michigan were raising children under the age of 18, with an estimated 7,800 children living in households headed by same-sex couples in 2005. [41]

2019 estimates from the United States Census Bureau showed that there were 23,727 same-sex households in Michigan, representing about 0.6% of all households in the state. The bureau estimated that 53% of same-sex couples in the state were married. [42] The 2020 U.S. census showed that there were 13,875 married same-sex couple households (5,518 male couples and 8,357 female couples) and 12,306 unmarried same-sex couple households in Michigan. [43]

Domestic partnerships

In May 2008, the Michigan Supreme Court held that the amendment added to the State Constitution in 2004 banned not only same-sex marriage and civil unions, but also public employee domestic partnership benefits such as health insurance. [44] The ruling, however, had little effect since most public employers relaxed their eligibility criteria to avoid violating the amendment's restrictions. [45]

On September 15, 2011, the Michigan House of Representatives voted 64–44 to approve a bill that would have banned most public employers, though not colleges and universities, from offering health care benefits to the domestic partners of their employees. It did not apply to workers whose benefits are established by the Michigan Civil Service Commission. On December 7, 2011, the Michigan State Senate approved the bill in a 27–9 vote. On December 22, 2011, Governor Rick Snyder signed the legislation into law. [46] Five same-sex couples challenged the law in Bassett v. Snyder. On June 28, 2013, U.S. District Judge David M. Lawson issued a preliminary injunction blocking the state from enforcing its law banning local governments and school districts from offering health care benefits to their employees' domestic partners. He wrote: "It is hard to argue with a straight face that the primary purpose—indeed, perhaps the sole purpose—of the statute is other than to deny health benefits to the same-sex partners of public employees. But that can never be a legitimate governmental purpose". He rejected the state's arguments that "fiscal responsibility" was the law's rationale. [47] [48] On February 14, 2014, the state asked him to lift that preliminary injunction, repeating its arguments about the "fiscal insecurity of local governments" and eliminating "irrational and unfair" local programs. [49] On November 12, 2014, Judge Lawson issued a permanent injunction barring the state from enforcing this law. [50]

Local domestic partnerships

While there are no statewide recognition, these local governments recognize domestic partnerships: Ann Arbor, [51] Detroit, [52] East Lansing, [53] and Kalamazoo, [54] as well as Ingham, [51] Washtenaw, [51] and Wayne counties. [51]

Public opinion

Public opinion for same-sex marriage in Michigan
Poll sourceDate(s)
administered
Sample
size
Margin of
error
 % support % opposition % no opinion % refused
Public Religion Research Institute March 11 – December 14, 2022  ? ?68%30%2%-
Public Religion Research Institute March 8 – November 9, 2021  ? ?70%28%2%-
Public Religion Research Institute January 7 – December 20, 2020 1,670 random telephone
interviewees
 ?67%29%4%-
Public Religion Research Institute April 5 – December 23, 2017 2,348 random telephone
interviewees
 ?63%29%8%-
American Values Atlas/Public Religion Research Institute May 18, 2016 – January 10, 2017 2,997 random telephone
interviewees
 ?56%36%8%-
American Values Atlas/Public Religion Research Institute April 29, 2015 – January 7, 2016 2,379 random telephone
interviewees
 ?54%38%8%-
New York Times/CBS News/YouGov September 20 – October 1, 20142,560 likely voters± 2.4%47%39%14%-
EPIC-MRA September 25–29, 2014600 adults± 4%47%47%6%-
EPIC-MRA May 17–20, 2014600 likely voters± 4%47%46%7%-
American Values Atlas/Public Religion Research Institute April 2, 2014 – January 4, 2015 1,670 random telephone
interviewees
 ?55%37%5%-
Marketing Resource Group of Lansing March 2014 ? ?45%50%5%-
State of the State Survey December 16, 2013 – February 10, 20141,008 adults± 3.1%54%36%--
Glengariff Group Inc. January 29 – February 1, 2014600 likely voters± 4%56.2%33.8%--
Glengariff Group Inc. May 8–10, 2013600 voters± 4%56.8%37.6%5.6%-
EPIC-MRA May 2013600 likely voters± 4%51%41%8%-
State of the State Survey June 12 – August 13, 20121,015 adults ?56%39%5%-
Public Policy Polling May 24–27, 2012500 voters± 4.4%41%45%14%-
Glengariff Group Inc. May 10–11, 2012600 likely voters± 4%44.3%43.7%11%1%
Public Policy Polling July 21–24, 2011593 voters± 4%33%53%14%-
Glengariff Group Inc. January 2011 ? ?38.5%50.2%11.3%-
State of the State Survey 2010 ? ?48%51%1%-
Glengariff Group Inc. October 2004 ? ?24%61%15%-

See also

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in the United States</span>

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.

Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.

<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 has been legal in Florida 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 has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

Same-sex marriage has been fully recognized in Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

Same-sex marriage has been legally recognized in Colorado 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, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legal in Utah 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 marrying 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 has been legal in Arizona since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.

Same-sex marriage has been recognized in Montana since a federal district court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.

Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.

Same-sex marriage has been legal in Louisiana since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The court held that the denial of marriage rights to same-sex couples is unconstitutional, invalidating Louisiana's ban on same-sex marriage. The ruling clarified conflicting court rulings on whether state officials are obligated to license same-sex marriages. Governor Bobby Jindal confirmed on June 28 that Louisiana would comply with the ruling once the Fifth Circuit Court of Appeals reversed its decision in a Louisiana case, which the Fifth Circuit did on July 1. Jindal then said the state would not comply with the ruling until the U.S. District Court for the Eastern District of Louisiana reversed its judgment, which it did on July 2. All parishes now issue marriage licenses in accordance with federal law.

Same-sex marriage has been legal in Ohio since the U.S. Supreme Court's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.

The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.

Same-sex marriage has been legally recognized in Indiana since October 6, 2014. The state had previously restricted marriage to different-sex couples by statute in 1986. By legislation passed in 1997, it denied recognition to same-sex relationships established in other jurisdictions. A lawsuit challenging the state's refusal to grant marriage licenses to same-sex couples, Baskin v. Bogan, won a favorable ruling from the U.S. District Court for the Southern District of Indiana on June 25, 2014. Until the Seventh Circuit Court of Appeals granted an emergency stay of the district court's ruling on June 27, most Indiana counties issued marriage licenses to same-sex couples. The Seventh Circuit affirmed the district court's ruling in Baskin on September 4. A ruling in Bowling v. Pence stated that the state must recognize same-sex marriages performed out-of-state and the decision was stayed until the Seventh Circuit ruled on the merits in similar cases. It also stated that the ruling would remain stayed if the circuit court stayed its decision in the related cases.

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 became legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.

Same-sex marriage has been legal in Oklahoma since 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 review Bishop v. Smith, a case that had found the ban unconstitutional, the Tenth Circuit Court of Appeals ordered Oklahoma to recognize same-sex marriages. On January 14, 2014, Judge Terence C. Kern of the U.S. District Court for the Northern District of Oklahoma declared the state's statutory and constitutional same-sex marriage bans unconstitutional. The case, Bishop v. Smith, was stayed pending appeal. On July 18, 2014, a panel of the Tenth Circuit upheld Kern's ruling overturning Oklahoma's same-sex marriage ban. However, the panel put its ruling on hold pending disposition of a petition for certiorari by the U.S. Supreme Court. On October 6, 2014, the U.S. Supreme Court rejected the request for review, leaving the Tenth Circuit Court's ruling in place. State officials responded by implementing the Tenth Circuit's ruling, recognizing same-sex marriage in the state.

Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking 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.

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