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15 Years Ago Today; The first legal same-sex marriages in the U.S. are performed in the state of MA
https://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States
Same-sex marriage in the United States expanded from one state in 2004 to all fifty states in 2015 through various state court rulings, state legislation, direct popular votes, and federal court rulings. Same-sex marriage is also referred to as gay marriage, while the political status in which the marriages of same-sex couples and the marriages of opposite-sex couples are recognized as equal by the law is referred to as marriage equality. The fifty 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 that is 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.
Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s. In 1972, the now overturned Baker v. Nelson saw the Supreme Court of the United States decline to become involved. The issue became prominent from around 1993, when the Supreme Court of Hawaii ruled in Baehr v. Lewin that it was unconstitutional under the state constitution for the state to abridge marriage on the basis of sex. That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized by law, the most prominent of which was the 1996 federal DOMA. In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional under the state constitution for the state to abridge marriage on the basis of sex. From 2004 through to 2015, as the tide of public opinion continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (referendums and initiatives), and federal court rulings established same-sex marriage in thirty-six of the fifty states.
The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in the civil rights movement, including Coretta Scott King, John Lewis, Julian Bond, and Mildred Loving. In May 2011, national public support for same-sex marriage rose above 50% for the first time. In May 2012, the NAACP, the leading African-American civil rights organization, declared its support for same-sex marriage and stated that it is a civil right. In June 2013, the Supreme Court of the United States struck down DOMA for violating the Fifth Amendment to the United States Constitution in the landmark civil rights case of United States v. Windsor, leading to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. In May 2015, national public support for same-sex marriage rose to 60% for the first time. In June 2015, the Supreme Court ruled in the landmark civil rights case of Obergefell v. Hodges that the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are religious groups. The ruling of the Supreme Court in Obergefell occurred following decades of consistently rising national public support for same-sex marriage in the United States, with support continuing to rise thereafter.
A study of nationwide data from January 1999 to December 2015 revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among children, with the effect being concentrated among children of a minority sexual orientation, resulting in approximately 134,000 fewer children attempting suicide each year in the United States. The United States is the most populous country in the world to have established same-sex marriage nationwide.
</snip>
Same-sex marriage in the United States expanded from one state in 2004 to all fifty states in 2015 through various state court rulings, state legislation, direct popular votes, and federal court rulings. Same-sex marriage is also referred to as gay marriage, while the political status in which the marriages of same-sex couples and the marriages of opposite-sex couples are recognized as equal by the law is referred to as marriage equality. The fifty 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 that is 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.
Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s. In 1972, the now overturned Baker v. Nelson saw the Supreme Court of the United States decline to become involved. The issue became prominent from around 1993, when the Supreme Court of Hawaii ruled in Baehr v. Lewin that it was unconstitutional under the state constitution for the state to abridge marriage on the basis of sex. That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized by law, the most prominent of which was the 1996 federal DOMA. In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional under the state constitution for the state to abridge marriage on the basis of sex. From 2004 through to 2015, as the tide of public opinion continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (referendums and initiatives), and federal court rulings established same-sex marriage in thirty-six of the fifty states.
The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in the civil rights movement, including Coretta Scott King, John Lewis, Julian Bond, and Mildred Loving. In May 2011, national public support for same-sex marriage rose above 50% for the first time. In May 2012, the NAACP, the leading African-American civil rights organization, declared its support for same-sex marriage and stated that it is a civil right. In June 2013, the Supreme Court of the United States struck down DOMA for violating the Fifth Amendment to the United States Constitution in the landmark civil rights case of United States v. Windsor, leading to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. In May 2015, national public support for same-sex marriage rose to 60% for the first time. In June 2015, the Supreme Court ruled in the landmark civil rights case of Obergefell v. Hodges that the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are religious groups. The ruling of the Supreme Court in Obergefell occurred following decades of consistently rising national public support for same-sex marriage in the United States, with support continuing to rise thereafter.
A study of nationwide data from January 1999 to December 2015 revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among children, with the effect being concentrated among children of a minority sexual orientation, resulting in approximately 134,000 fewer children attempting suicide each year in the United States. The United States is the most populous country in the world to have established same-sex marriage nationwide.
</snip>
https://en.wikipedia.org/wiki/Goodridge_v._Department_of_Public_Health
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.
<snip>
Decision
In a 50-page, 4–3 ruling on November 18, 2003, the Massachusetts Supreme Judicial Court said it was asked to determine whether Massachusetts "may deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens." The plaintiffs had asked the Court to say that denying marriage licenses to same-sex couples violated Massachusetts law. Instead the opinion said: "We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution."
The court stayed the implementation of its ruling for 180 days to allow the state legislature to "take such action as it may deem appropriate in light of this opinion." Reactions included speculation that the legislature could follow Vermont's example and enact civil unions in that time period, but state Senate President Robert Travaglini said he thought that "the strength of the language and the depth of the decision" showed that marriage and no substitute "is the wish of the court." Arthur Miller, a Harvard law professor, said he thought the legislature might exploit the Court's 4–3 division to get it to accept a status much like marriage under another name.
<snip>
Reaction and first same-sex weddings
Alan Wolfe, professor of political science at Boston College reacted to the decision with a prediction: "This comes pretty close to an earthquake politically. I think it's exactly the right kind of material for a backlash." Justice Roderick L. Ireland, who voted with the majority, reported receiving threats against his life following the decision. In his January 20 State of the Union address, President George W. Bush alluded to events in Massachusetts: "Activist judges ... have begun redefining marriage by court order, without regard for the will of the people and their elected representatives. On an issue of such great consequence, the people's voice must be heard. If judges insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process. Our Nation must defend the sanctity of marriage."
A poll of Massachusetts residents taken on November 19–20 found that 50 percent supported the decision, 38 percent opposed it, and 11 percent had no opinion; 53 percent opposed the proposed constitutional amendment and 36 percent supported it; 53 percent thought the legislature should do nothing more than modify state law to conform with the SJC opinion, while 16 percent wanted the governor and legislators to resist the ruling's implementation and 23 percent wanted them to provide benefits to same-sex couples while reserving marriage to different-sex couples.
The SJC had stayed implementation of its ruling for 180 days in order to allow the legislature to respond as it found necessary. On December 11, 2003, the State Senate asked the SJC whether establishing civil unions for same-sex couples would meet the ruling's requirements. The SJC replied on February 4, 2004, that civil unions would not suffice to satisfy its finding in Goodridge. The 4 justices who formed the majority in the Goodridge decision wrote: "The dissimilitude between the terms 'civil marriage' and 'civil union' is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status." They continued: "For no rational reason the marriage laws of the Commonwealth discriminate against a defined class; no amount of tinkering with language will eradicate that stain."
Republican Governor Mitt Romney responded to the SJC's February 2004 statement that civil unions were an insufficient response to its ruling in Goodridge with a statement supporting an amendment to the Massachusetts state constitution to overrule the court's decision. His statement said, "the people of Massachusetts should not be excluded from a decision as fundamental to our society as the definition of marriage.". On February 24, President Bush for the first time endorsed a Federal Marriage Amendment to the U.S. Constitution that would define marriage as the union of a man and a woman but allow the states the option of creating other legal arrangements for same-sex couples. Same-sex marriage took on national importance as public officials in several jurisdictions allowed more than 7,000 same-sex couples to wed, including San Francisco (February 12-March 11); Sandoval County, New Mexico (February 20); New Paltz, New York (February 27); Multnomah County, Oregon (March 3); and Asbury Park, New Jersey (March 8).
The legislature took no action either to implement Goodridge or block its implementation before the state began issuing marriage licenses to same-sex couples on May 17, 2004. News coverage of that day's events in Massachusetts was extensive, though limited outside the United States. The three major networks lead their evening news shows with wedding coverage and it was lead story in the Washington Post and the New York Times.
</snip>
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), is a landmark Massachusetts Supreme Judicial Court case in which the Court held that the Massachusetts Constitution requires the state to legally recognize same-sex marriage. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.
<snip>
Decision
In a 50-page, 4–3 ruling on November 18, 2003, the Massachusetts Supreme Judicial Court said it was asked to determine whether Massachusetts "may deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens." The plaintiffs had asked the Court to say that denying marriage licenses to same-sex couples violated Massachusetts law. Instead the opinion said: "We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution."
The court stayed the implementation of its ruling for 180 days to allow the state legislature to "take such action as it may deem appropriate in light of this opinion." Reactions included speculation that the legislature could follow Vermont's example and enact civil unions in that time period, but state Senate President Robert Travaglini said he thought that "the strength of the language and the depth of the decision" showed that marriage and no substitute "is the wish of the court." Arthur Miller, a Harvard law professor, said he thought the legislature might exploit the Court's 4–3 division to get it to accept a status much like marriage under another name.
<snip>
Reaction and first same-sex weddings
Alan Wolfe, professor of political science at Boston College reacted to the decision with a prediction: "This comes pretty close to an earthquake politically. I think it's exactly the right kind of material for a backlash." Justice Roderick L. Ireland, who voted with the majority, reported receiving threats against his life following the decision. In his January 20 State of the Union address, President George W. Bush alluded to events in Massachusetts: "Activist judges ... have begun redefining marriage by court order, without regard for the will of the people and their elected representatives. On an issue of such great consequence, the people's voice must be heard. If judges insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process. Our Nation must defend the sanctity of marriage."
A poll of Massachusetts residents taken on November 19–20 found that 50 percent supported the decision, 38 percent opposed it, and 11 percent had no opinion; 53 percent opposed the proposed constitutional amendment and 36 percent supported it; 53 percent thought the legislature should do nothing more than modify state law to conform with the SJC opinion, while 16 percent wanted the governor and legislators to resist the ruling's implementation and 23 percent wanted them to provide benefits to same-sex couples while reserving marriage to different-sex couples.
The SJC had stayed implementation of its ruling for 180 days in order to allow the legislature to respond as it found necessary. On December 11, 2003, the State Senate asked the SJC whether establishing civil unions for same-sex couples would meet the ruling's requirements. The SJC replied on February 4, 2004, that civil unions would not suffice to satisfy its finding in Goodridge. The 4 justices who formed the majority in the Goodridge decision wrote: "The dissimilitude between the terms 'civil marriage' and 'civil union' is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status." They continued: "For no rational reason the marriage laws of the Commonwealth discriminate against a defined class; no amount of tinkering with language will eradicate that stain."
Republican Governor Mitt Romney responded to the SJC's February 2004 statement that civil unions were an insufficient response to its ruling in Goodridge with a statement supporting an amendment to the Massachusetts state constitution to overrule the court's decision. His statement said, "the people of Massachusetts should not be excluded from a decision as fundamental to our society as the definition of marriage.". On February 24, President Bush for the first time endorsed a Federal Marriage Amendment to the U.S. Constitution that would define marriage as the union of a man and a woman but allow the states the option of creating other legal arrangements for same-sex couples. Same-sex marriage took on national importance as public officials in several jurisdictions allowed more than 7,000 same-sex couples to wed, including San Francisco (February 12-March 11); Sandoval County, New Mexico (February 20); New Paltz, New York (February 27); Multnomah County, Oregon (March 3); and Asbury Park, New Jersey (March 8).
The legislature took no action either to implement Goodridge or block its implementation before the state began issuing marriage licenses to same-sex couples on May 17, 2004. News coverage of that day's events in Massachusetts was extensive, though limited outside the United States. The three major networks lead their evening news shows with wedding coverage and it was lead story in the Washington Post and the New York Times.
</snip>
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