In June 2003, the Supreme Court repealed the law criminalizing sodomy and recognized the constitutional right for adults to engage in private, consensual sexual conduct. I later went on to be a summer intern at Lambda Regal’s Chicago office. afternoon Lawrence vs. Texas I heard as the leading strategists of the LGBTQ+ rights movement discussed the next move.
Although the US public didn’t know the conversation, same-sex marriage quickly became a major topic in both the judicial and public fora. Later that same year, the Supreme Court of Justice of Massachusetts inherited it. Goodridge v. Public Health Bureauretaining same-sex couples could no longer be excluded from the state’s civil marriage rights. The first marriage license was issued on May 17, 2004. This is the date that LGBTQ+ communities around the world have recognized for decades as an international day against homophobia, biphasic, and transphobia.
Intermediate Lawrence, Goodridgeand the final US Supreme Court decision Obergefellv. Hodges -Marriage equality has become a law of land across the United States ten years ago – State-level lawsuits through courts, congresses and popular votes have created a patchwork of legality for both same-sex couples who are married to married couples across the border.
Particularly interesting constellations of legal acrobatics characterized the California path to legalizing same-sex marriage. In May 2008, the California Supreme Court ruled that same-sex couples are entitled to marriage in the state. However, by November 2008, voters were passed in Prop. 8 (widely known as Prop. 8) – adding the restrictive term to the state constitution: “Only marriages between men and women are valid or recognized in California.” After the state Supreme Court upheld the legal challenges against Prop. 8, same-sex marriage supporters challenged it under the US Constitution. The federal district court found Prop. 8 unconstitutional, and found it violated the 14th Amendment. The California government did not want to defend Prop. 8 and did not appeal. However, opponents of marriage equality intervened to appeal, and the U.S. Court of Appeals in the Ninth Circuit reached similar conclusions to the district court, despite its narrower grounds. When the same advocate appealed to the U.S. Supreme Court, June 26, 2013 – 12 years ago the court discovered that they had no position, and soon marriage equality was once again part of California’s legal fabric.
The road to marriage equality was easier in Iowa. In August 2007, a lower court stated that six same-sex couples were in favor of the petition and accessed the state’s marriage facilities. Varnum v Brien. A year and a half later, the Iowa Supreme Court upheld the lower court’s decision. Marriage equality has been durable and unchallenged in Iowa since.
The right to same-sex marriage passed through courts and ballot boxes, but same-sex couples lived with uncertainty. Meanwhile, I completed my Masters in Legal Anthropology and focused on the pivot from decriminalization to advancement in marriage equality. I graduated from law school and fell in love with a man who happened to be German. When we completed our education in 2009, we had to find a place to start living together. Without a legal pathway to secure US settlements based on our relationship, we would have landed in Europe.
However, the Supreme Court later agreed to hear a package of cases that determine access to marriage equality for same-sex couples, which applies to all US jurisdictions. Construction on a narrow holding like USv. Windsorgranting federal protections to same-sex couples who were legally married in states with equal marriage, and same-sex couples asked the court to issue marriage licenses to same-sex couples and to recognize same-sex marriages that took place in other states.
June 26, 2015, Obergefell It’s down. With a margin of 5-4, marriage equality has become the law of the lands in the United States.
However, just as members of the LGBTQ+ community planned their comprehensive strategy to fight for their rights after the Supreme Court decriminalised sodomy, opponents of marriage equality were organized to use local and state agencies to restrict them Obergefellreach. Multiple religious exemption laws provide protection to providers of services such as wedding websites, venues, bakeries and other services in states like Colorado, Michigan and New Mexico, and deny services to same-sex couples. Two individuals can marry under the law, but they cannot do so in the dignity and circumstances they have always dreamed of.
Recently, the Supreme Court issued decisions overturning cases decided within generations, resulting in a drastic change in jurisprudence that relies on the legal reasoning that underpins these cases. Dobbsv. Jackson’s Women’s Health Organizationcovering Roev. Wade And ending federal constitutional protections for abortion is best known of these reversals. State officials, practitioners, and people who may need reproductive care still struggle to understand its impacts within and across state borders. And LGBTQ+ people, along with their friends and loved ones, look at the Supreme Court with anxiety. Obergefell It might be autumn. Certainly, I wrote them separately dobbsThomas urged the court to reconsider Obergefell.
if Obergefell It overthrew and the state once again became a patchwork of law. Same-sex couples can get married in some states, but other states can not only refuse to issue licenses, but also regress to the perception of legal marriages that took place elsewhere.
In our federalist system, when Obergefell The courts that mandated marriage equality through judicial decisions acted as a dull tool rather than a fine scalp. Based on the decision, state officials reluctantly acquiesced to their obligation to grant access to legal agencies to all citizens. Most states did not abolish anti-equality laws or amendments to their books.
Over 30 states have what is called zombie law. Obergefell It was overturned and quickly affected marriage equality throughout the United States. Three states have constitutional amendments that limit marriage between one man and one woman. Seven states have statutory level laws. And about half of the states took a belt-suspender approach, codified discrimination against same-sex couples in both laws and amendments, and the treatment of marriages that took place in those states, after the law, and hundreds of individuals have led to a variety and uncertain outcomes, ranging from the situation of their relationship status with their spouse. (This interactive map shows where these laws will be revived.)
10th anniversary Obergefell It is my hope that the challenges to marriage equality, which are currently passing through the courts, have reached the Supreme Court. Obergefell As a good law. If they overturn the precedent, the impact on the lives of hundreds of thousands of married couples and their families would be widely reached. The US will return to the administrative jungle with shift positions according to the flag of the state where a legally unified couple flies over the Capitol. I don’t want to go back to a world where I have to consider leaving my country to legally respect and protect my marriage.
Jordan Thompson Long is Senior Associate Director of the Carter Center Human Rights Program. Previously he was a senior advisor to the American Bar Association’s Human Rights Center and was associate director at HRC Global for the Human Rights Campaign.
