US Same Sex Marriage Resources in United States

US Same Sex Marriage Resources

State Legislatures and courts have struggled with the issue of same sex relationships for more than ten years now.  This timeline covers recent events beginning with the Massachusetts Supreme Judicial Court decision in November 2003 that held rules and laws barring same sex marriages to be unconstitutional.

November 2003

11/18- Massachusetts Supreme Judicial Court rules state constitution guarantees equal marriage rights for same sex couples

January 2004

1/20- State of the Union address: President Bush says we must “defend the sanctity of marriage”

February

2/4- Massachusetts S.J.C. answers question posed by the Senate, whether civil unions would be considered constitutional (no)

2/12- San Francisco, CA – Mayor Gavin Newsome authorizes city officials to issue marriage licenses to same sex couples, marries couples himself

2/20- Sandoval County, NM – County Clerk issues licenses, approx. 26 couples marry in front of the courthouse

2/20- New Mexico Attorney General issues opinion that same sex marriage is illegal in NM

2/24- President Bush announces support for federal constitutional amendment

2/27- New Paltz, NY – Mayor Jason West begins performing same sex marriages (no licenses- in NY, city clerks are not authorized to issue marriage licenses)

March

3/1- Ithaca, NY – Mayor Carolyn Peterson begins accepting marriage license applications from same sex couples and forwarding them to the state

3/2- New Paltz, NY Mayor charged with 19 counts of marrying people without a marriage license (a misdemeanor)

3/3- Multnomah County (Portland), OR – County Attorney issues legal opinion that county rules violate state constitution, Chairwoman Diane Linn orders rules changed, marriage licenses granted to same sex couples, couples marry

3/3- New York Attorney General Eliot Spitzer issues opinion that same sex marriage is illegal in NY because of “husband and wife” and “bride and groom” language in statute, but that same sex marriages from elsewhere must be recognized

3/5- New York Judge bars New Paltz Mayor from performing same sex marriages for one month, West says he will abide by judge’s decision while “considering legal options”

3/8- Seattle, WA – Mayor Greg Nickels signs an executive order that the city shall recognize same sex marriages among municipal workers and extend all the benefits of heterosexual spouses

3/8- Asbury, NJ – Deputy Mayor James Bruno solemnizes the marriage of two men who applied for a license

3/9- San Jose, CA – City council votes to offer identical benefits to all married city employees, extending better benefits to married same sex employees than were available under the city’s domestic partnership registry

3/9- New Jersey Attorney General warns Asbury city officials that they face prosecution on misdemeanor charges of issuing invalid marriage licenses and marrying people without licenses

3/10- Asbury, NJ city council votes 5-0 to stop issuing marriage licenses and performing weddings for same sex couples, and to file a lawsuit seeking a court opinion

3/11- California Supreme Court orders immediate halt to San Francisco same sex marriages and agreed to hear a case on the legality of those proceedings in May or June

3/11- Massachusetts’ Legislature votes to amend the state constitution to ban same sex marriage but allow civil unions

3/23- New Mexico judge issues a temporary restraining order to prevent the Sandoval County Clerk from issuing more marriage licenses to same sex couples

3/24- Benton County, OR stops issuing marriage licenses to all couples until the state decides the same sex marriage issue, in order to “treat everyone in the county equally”

3/29- Massachusetts’ Legislature votes a second time to amend the state constitution to ban same sex marriage but allow civil unions

April

4/20- Oregon circuit court judge orders halt to same sex marriages in Multnomah County, saying a state Supreme Court ruling is needed on the issue, but orders the state to recognize the 3,000 same sex marriages already performed there

4/20- California’s Assembly Judiciary Committee passes bill that would allow same sex marriage, the first legislative body to do so, but the legislation must pass the full Assembly before going to the Senate

4/20- Massachusetts lawmaker begins proceedings to have the four Supreme Judicial Court justices who formed the majority in the Goodridge case fired

4/26- Massachusetts Governor’s top legal counsel tells state justices of the peace to resign if they are unwilling to officiate at same sex marriages next month

4/27- Thirteen Massachusetts legislators file suit with the Supreme Judicial Court claiming it did not have the power to legalize same sex marriage

May

5/13- Federal judge rules against plaintiffs in Massachusetts case seeking to block same sex marriage

5/14- First U.S. Circuit Court of Appeals (Boston) refuses to immediately block same sex marriage, but agrees to hear case in June

5/14- U.S. Supreme Court declines to block municipal clerks in MA from issuing marriage licenses to same sex couples

5/15- Phoenix, AZ- Three pastors marry 40 same sex couples in an act of civil disobedience (it is illegal in AZ for a minister to knowingly solemnize a marriage for a couple without a license)

5/17- Same sex couples begin marrying in Massachusetts

July

7/13- Takoma Park, MD City Council unanimously passes resolution in favor of same sex marriage

7/13- New Paltz, NY town justice drops all charges against ministers who performed same sex marriages for couples with no licenses

7/14- U.S. Senate votes to block constitutional amendment to ban same sex marriage

7/22- U.S. House of Representatives approves legislation that would prohibit federal courts from overturning parts of the federal Defense of Marriage Act

August

8/3- Missouri voters approve amendment, adding language to state constitution that “to be valid and recognized in this state a marriage shall exist only between a man and a woman”

8/4- Washington Superior Court judge in King County rules the state’s Defense of Marriage Act unconstitutional

8/12- California Supreme Court rules that San Francisco government officials “exceeded their authority” when they legalized same-sex marriages earlier this year, nullifies the marriages

8/17- Federal judge in Tacoma, Washington rules the 1996 Defense of Marriage Act constitutional

8/18- Massachusetts Superior Court judge declines to issue preliminary injunction against 1913 law that prevents out-of-state couples from receiving marriage licenses if the marriage would not be recognized in their home state

8/20- Louisiana Civil District judge rules unconstitutional the vote on proposed state constitutional amendment banning same sex marriage (scheduled for Sept. 18th)

8/23- Michigan’s Board of State Canvassers votes to keep proposed constitutional ban on same sex marriage off the ballot in November

September

9/2- Louisiana Supreme Court dismisses three appeals that would block the September vote on a constitutional amendment, vote will go forward on the 18th

9/7- Washington Superior Court judge in Thurston County rules state ban on same sex marriage unconstitutional, the two Superior Court rulings will be combined in an appeal to the state Supreme Court

9/10- New York Supreme Court justice rejects the idea of invalidating more than 250 same sex marriages

9/18- Louisiana voters approve constitutional amendment

9/30- U.S. House of Representatives votes against federal constitutional amendment banning same sex marriage

October

10/5- Louisiana District Judge nullifies recently adopted constitutional amendment, ruling the issue was not properly and legally presented to voters

November

11/2- Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah voters approve constitutional amendments banning same sex marriage in those states

11/22- A Vermont family court rules that both parties in a same sex civil union are legal parents of a child

11/29- U.S. Supreme Court declines to hear case aimed at overturning the Massachusetts law that legalized same sex marriage

December

12/7- New York state court rules same sex couples were not denied equal protection, due process or free speech rights when denied the right to marry

January 2005

1/19- Louisiana Supreme Court reverses the District Court ruling that nullified recently adopted constitutional amendment, stating “each provision of the amendment is germane to the single object of defense of marriage and constitutes an element of the plan advanced to achieve this object”

1/19- U.S. District Court rules in favor of federal Defense of Marriage Act, says government has a legitimate interest in allowing states to ban same sex marriage

February

2/4- New York Supreme Court justice rules state law prohibiting same sex marriage is unconstitutional, concluding the right to marry the person of one’s choosing is both a privacy right and a liberty right

March

3/05-Washington Supreme Court hears arguments appealing two lower court decisions ruling in favor of same-sex marriage

3/14- California Superior Court judge rules ban on same sex marriage is unconstitutional, writing “the state’s protracted denial of equal protection cannot be justified simply because such constitutional violation has become traditional.”

3/31- Governor of Maine signs into law a bill that adds sexual orientation to list of characteristics protected from discrimination in employment, housing or access to public accommodations. Bill specifies no connection to same sex marriage is implied or created.

April

4/5- Kansas voters approve constitutional amendment banning same sex marriage, becoming the 18th state to do so

4/13- Oregon Supreme Court overturns Multnomah County same sex marriages, stating that the marriage licenses were issued to same sex couples without authority and were void at the time they were issued.

4/15- New York City becomes the sixth locality in the state of New York to announce it will recognize same sex marriages and civil unions performed in other jurisdictions. Other localities are Brighton, Buffalo, Ithaca, Nyack and Rochester.

4/20- Connecticut legislature passes first same sex civil union bill in the nation not driven by a court decision.

4/22- Navajo Nation Tribal Council votes to ban same sex marriage, plural marriage and marriage between close relatives on tribal land in Arizona, New Mexico and Utah.

May

5/1- Navajo President Joe Shirley Jr. vetos the measure to ban same sex marriage.

5/2- Federal Court strikes down Nebraska’s same-sex marriage ban in the state constitution.

June

Federal Court in California rules that Federal DOMA (Defense of Marriage Act) is constitutional.

September

California legislature becomes first legislative body in US to pass a bill legalizing same-sex marriage without a court order. Governor Arnold Schwarzenegger vetoes the legislation.

October

Alaska’s Supreme Court rules that state and municipal governments must provide the same benefits to same-sex partners of employees that spouses receive.

November

-Texas approves a constitutional amendment prohibiting same-sex marriage.

-Maine voters reject a ballot initiative, keeping a gay-rights, anti-discrimination law approved by the legislature in March.

-A district court in Oregon throws out a suit challenging Oregon’s constitutional amendment barring same-sex marriage.

December

-Opponents of same-sex marriage in Massachusetts collect enough signatures to force the legislature to consider a constitutional ban on same-sex marriage. A statewide vote could not occur until 2008, at the earliest.

January 2006

-Maryland Circuit Court rules that the state law banning same-sex marriage is discriminatory and “cannot withstand constitutional challenge.” The case being heard by the Court of Appeals.

June

-Alabama passes a constitutional amendment defining marriage between one man and one woman.

July

-The New York Court of Appeals issues a decision upholding New York’s marriage laws as constitutional. A trial court had earlier found that limiting marriage to a union between a man and a woman was unconstitutional. An appellate court reversed that decision.

-The Washington Supreme Court also upholds Washington’s state laws regarding marriage as constitutional, despite a lower court ruling to the contrary.

-The Massachusetts Supreme Judicial Court rules that a proposed ballot initiative to define marriage between a man and a woman does not “reverse” previous judicial decision, which allowed gay marriage, and can move forward procedurally.

October

-The New Jersey Supreme Court orders the legislature to redefine marriage to include same-sex couples or to establish a separate legal structure to provides same-sex couples the same benefits as opposite sex couples.

November

-South Dakota, South Carolina, Virginia, Wisconsin, Tennessee, Colorado and Idaho pass constitutional amendments defining marriage between a man and a woman.

-Arizona becomes the only state in which a constitutional amendment to define marriage between a man and woman fails.

December

-The New Jersey legislature passes a statute establishing civil unions. The measure is signed by Governor Jon Corzine.

January 2007

-Massachusetts legislators pass a bill allowing a proposed constitutional amendment banning same-sex marriage to move forward.

February

-The Rhode Island Attorney General issues a legal opinion allowing Rhode Island to recognize same sex marriages performed in Massachusetts, saying that the state prohibited discrimination based on sexual orientation and did not explicitly prohibit same sex marriage.

April

-The Washington legislature approves a bill creating domestic partnerships, granting some of the rights married couples. The bill is signed by Governor Gregoire.

May

-New Hampshire legislature approves a measure establishing civil unions. Governor Lynch signs the bill, which is effective January 1, 2008.

-Oregon legislators pass a comprehensive domestic partnership statute, granting nearly all rights afforded to married couples to same-sex couples (similar to California’s domestic partnerships). The bill is signed by Governor Kulongoski.

June

-Massachusetts legislators pass legislation preventing a proposed constitutional amendment banning same-sex marriage from being placed on the ballot.

August

-A Polk County Judge in Iowa overturns the state law banning same-sex marriage and orders the county recorder to allow marriage licenses for same-sex couples. The county is appealing the ruling to the Iowa Supreme Court.

September

-The Maryland Supreme Court overturns a lower court decision ruling that same-sex couples do not have the right to marry.

May 2008

-The California Supreme Court rules that banning same-sex marriage is unconstitutional. The ruling does not take effect until June, 2008. A ballot initiative, not yet certified, could allow voters to overturn this decision by amending the state constitution to define marriage between one man and one woman.