Marriage equality in the United States
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| Marriage equality in the United States | |
|---|---|
| Name | Marriage equality in the United States |
| Caption | Pride flag outside the United States Supreme Court after Obergefell v. Hodges |
| Country | United States |
| Established | 2015 (nationwide) |
| Prior | State-by-state recognition (1993–2015) |
Marriage equality in the United States
Marriage equality in the United States refers to the legal recognition of marriage between partners regardless of sex or gender, culminating in the nationwide recognition of same-sex marriage following litigation in the United States Supreme Court, state legislation in places like Massachusetts and California, and advocacy by organizations such as Human Rights Campaign and Lambda Legal. The issue intersected with cases like Loving v. Virginia and movements including Stonewall riots and the LGBT rights movement in the United States, shaping policy across federal, state, and municipal institutions, and involving actors such as President Barack Obama, Senator Ted Cruz, and advocacy groups like American Civil Liberties Union.
History
Early developments included litigation and legislative efforts in the 1970s and 1980s, featuring plaintiffs represented by firms associated with Lambda Legal and activists from Gay Liberation Front. Landmark moments included the 1993 Hawaii cases influenced by attorneys connected to Baehr v. Miike and later the passage of the Defense of Marriage Act by the 107th United States Congress and signature by President Bill Clinton, which prompted responses from state courts like the Massachusetts Supreme Judicial Court and elected officials such as Governor Mitt Romney. The 2000 United States presidential election and ballot initiatives in states including California and Florida catalyzed campaigns by groups like Proposition 8 proponents and opponents including the National Organization for Women and Gay & Lesbian Advocates & Defenders. Legal victories in states such as Vermont (civil unions), Iowa, and New York—supported by litigants represented by Freedom to Marry and judged by courts including the Iowa Supreme Court—set precedents that influenced national litigation culminating in cases before the United States Court of Appeals for the Sixth Circuit.
Legal and Constitutional Developments
Constitutional claims drew upon precedents like Brown v. Board of Education and Loving v. Virginia in arguments advanced by counsel from Equality Federation and ACLU. The patchwork of decisions across federal circuits—such as rulings by the United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Fourth Circuit—led to certiorari in Obergefell v. Hodges, decided by the United States Supreme Court in 2015, authoring a majority opinion that referenced justices such as Anthony Kennedy and involving dissents by Antonin Scalia, Clarence Thomas, and Samuel Alito. Parallel federal actions included the United States Department of Justice under Attorney General Eric Holder and administrative guidance from the Internal Revenue Service and the Social Security Administration adjusting benefits and taxes in response to United States v. Windsor, which struck down parts of Defense of Marriage Act. Legislative responses included proposals in the United States Senate and the United States House of Representatives, and state constitutional amendments enacted by legislatures in states like North Carolina and rescinded by later courts or ballot measures in jurisdictions such as Maine.
Public Opinion and Social Impact
Public opinion shifted markedly from majority opposition in earlier decades—tracked by pollsters like Pew Research Center and Gallup—to majority support influenced by cultural figures such as Ellen DeGeneres, Barack Obama, and entertainers like Lady Gaga and institutions like The New York Times editorial board. Social movements, including demonstrations at events like the Stonewall riots anniversaries and campaigns by organizations such as PFLAG and GLAAD, influenced coverage in outlets like CNN and The Washington Post and spurred corporate policies at companies such as Apple Inc. and Microsoft. Religious and civic actors including United Methodist Church, Roman Catholic Church, and Liberty Counsel contested changes, while municipal governments in cities like San Francisco and New York City implemented local recognition and benefits.
Political and Legislative Responses
Elected officials and parties—such as the Democratic Party (United States) and Republican Party (United States)—responded through platforms, campaigns, and legislation. Presidents from Bill Clinton to Donald Trump influenced appointments to the United States Supreme Court and federal judiciary including nominees like Neil Gorsuch and Brett Kavanaugh, affecting subsequent litigation. State legislatures in Vermont and Connecticut passed statutes legalizing same-sex marriage prior to federal resolution; ballot initiatives in states like California (Proposition 8) and Washington involved campaigns run by coalitions including Citizens for Responsibility and Ethics in Washington and religious organizations. Congress considered bills such as the Respect for Marriage Act, with sponsors from both chambers including members of the United States Senate and the United States House of Representatives, and votes influenced by caucuses like the Congressional LGBT Equality Caucus.
Implementation and Practical Effects
After Obergefell v. Hodges, agencies such as the Social Security Administration, Internal Revenue Service, and state vital records offices in states like Ohio and Texas updated protocols for marriage certificates, benefits, immigration processing by United States Citizenship and Immigration Services, and federal employee benefits administered by the Office of Personnel Management. Courts including the Supreme Court of Ohio and local county clerks in jurisdictions like Kim Davis (county clerk) case became focal points for disputes over compliance, invoking injunctions from federal district courts and enforcement by marshals. The decision affected estate law in tribunals such as state probate courts and federal bankruptcy courts, insurance policies managed by firms like Blue Cross Blue Shield, and employer policies at corporations including Google and Walmart concerning family leave and health coverage.
Ongoing Legal and Policy Issues
Contested areas remain, including conflicts between anti-discrimination statutes and religious liberty claims adjudicated in cases before the Supreme Court of the United States and lower courts like the United States Court of Appeals for the Tenth Circuit. Legislative efforts at state levels by legislatures in North Carolina and Arkansas and rulings from courts such as the Ninth Circuit continue to shape access to services for couples, while federal proposals by members of the United States Congress and actions by the Department of Health and Human Services address issues related to adoption, foster care, and healthcare. Advocacy groups including Equality California, Movement Advancement Project, and Family Research Council remain active in litigation and policy debates, and possible future appointments to the United States Supreme Court could prompt new constitutional arguments invoking precedents like United States v. Windsor and Loving v. Virginia.