When was gay marriage legalised in America? It was on June 26, 2015, when this landmark decision was made by the U.S. Supreme Court in the case of Obergefell v. Hodges. In this article, we will explore the significant dates and milestones leading to this historic moment.
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Key Takeaways
The legalization of same-sex marriage in the United States was a long battle that began in the 1970s and culminated with the Supreme Court’s decision in Obergefell v. Hodges in 2015.
Significant milestones include the Defense of Marriage Act (DOMA) in 1996, which was later declared unconstitutional, and the decisive role of state-level actions and federal court decisions, particularly Massachusetts’ landmark ruling in 2003 and the Windsor case in 2013.
While the legalization brought many benefits and increased life satisfaction among same-sex couples, challenges and discrimination persist in various aspects of life, indicating the ongoing struggle for full equality and recognition.
Early Legal Challenges
The fight for same-sex marriage began long before it became a widely debated issue in the public eye. It all started in the 1970s with Baker v. Nelson, a case that challenged Minnesota’s refusal to issue a marriage license to a same-sex couple. Although the Minnesota Supreme Court ruled against the couple, dismissing their claim that the state’s marriage laws violated the U.S. Constitution, it marked the beginning of a long legal battle for marriage equality.
During the 1990s, advocates redoubled their efforts to secure legal recognition for same-sex marriage across the state and national levels. Throughout this period, numerous legal challenges emerged, all aiming to secure marriage rights for same-sex couples. One of the most notable cases during this time was Baehr v. Lewin in Hawaii. In 1993, the Hawaii Supreme Court’s decision suggested that the state’s prohibition on same-sex marriage could be unconstitutional. This ruling set off a wave of actions aimed at both advancing and restricting marriage rights for same-sex couples across the nation, including efforts to ban same sex marriage.
The Baehr v. Miike decision in Hawaii had far-reaching implications. It spurred both federal and state-level efforts to restrict marriage to male-female couples, reflecting the contentious nature of the issue. This period saw a clash between those advocating for legal recognition of same-sex marriages and those vehemently opposed, often citing religious and moral objections. Despite these challenges, the groundwork was being laid for future victories in the battle for marriage equality.
These initial legal confrontations provoked key constitutional debates regarding the equal protection and civil rights of same-sex couples. They also highlighted the deep-seated opposition from religious groups and conservative factions, setting the stage for the intense legal and political struggles that would follow in the coming decades.
The Defense of Marriage Act (DOMA)
In 1996, the Defense of Marriage Act (DOMA) was signed into law, which aimed to define marriage as a union between a man and a woman. This federal law was a significant setback for same-sex marriage supporters, as it explicitly excluded same-sex partners from the definitions of ‘marriage’ and ‘spouse’ under federal law. DOMA’s Section 2 allowed states to refuse to recognize same-sex marriages performed in other states, further complicating the legal landscape for gay and lesbian couples.
DOMA immediately encountered backlash and faced challenges on constitutional grounds, particularly against its Section 3, which was argued to violate the equal protection guarantee of the U.S. Constitution. The law’s exclusion of same-sex marriages from federal recognition meant that gay and lesbian couples were denied numerous benefits and protections afforded to heterosexual couples. This legal framework not only reinforced existing prejudices but also institutionalized discrimination against same-sex couples at the federal level.
A shift occurred in 2011, as the Obama administration declared Section 3 of DOMA to be unconstitutional and announced that the Justice Department would no longer defend it in court. This was a turning point in the battle for marriage equality, as it signaled a shift in federal policy and support for the rights of same-sex couples. The decision to stop defending DOMA paved the way for significant legal challenges that would ultimately lead to its dismantling.
DOMA’s legacy is a stark reminder of the lengths to which opponents of same-sex marriage went to enshrine discrimination in law. However, the persistent efforts of activists and legal advocates gradually chipped away at this oppressive legislation, setting the stage for future victories in the quest for marriage equality.
Massachusetts Breakthrough
Same-sex marriage had its first breakthrough in Massachusetts, thanks to the determined efforts of Gay & Lesbian Advocates & Defenders (GLAD), who filed the Goodridge case in April 2001. This case challenged the state’s denial of marriage licenses to same-sex couples, arguing that it violated the guarantees of liberty and equality under the Massachusetts Constitution. The legal battle culminated in a historic decision by the Massachusetts Supreme Judicial Court.
On November 18, 2003, the Massachusetts Supreme Judicial Court issued its decision in Goodridge v. Department of Public Health, ruling in a 4-3 decision that the state’s constitution guaranteed gay and lesbian couples the right to marry. This landmark ruling made Massachusetts the first U.S. state to legalize same-sex marriage, setting a powerful precedent for other states to follow. The court stressed that withholding marriage rights from same-sex couples contradicted the fundamental principles of liberty and equality.
The court further clarified its stance on February 4, 2004, stating that same sex civil unions would not meet the constitutional mandates of liberty and equality. This advisory opinion reinforced the idea that separate but equal status was inherently unequal, and only full marriage rights would suffice. The legalization of same-sex marriage in Massachusetts inspired both support and opposition, leading to further legal and legislative battles across the country.
Massachusetts’ breakthrough was a beacon of hope for same-sex marriage supporters, demonstrating that legal recognition was possible and setting the stage for similar victories in other states. It also highlighted the deep divisions in American society over the issue, with both passionate advocacy and fierce resistance shaping the ongoing struggle for marriage equality.
State-Level Battles
From 2004 to 2014, the fight for same-sex marriage played out on multiple fronts across the United States. Over this decade, advocates experienced both victories and setbacks in their pursuit of legal recognition, utilizing state court rulings, legislative measures, and popular votes. The movement to secure marriage rights expanded steadily, with lawsuits filed in every state that continued to deny marriage licenses to same-sex couples.
In November 2012, significant progress was made as Maine, Maryland, and Washington became the first states to legalize same-sex marriage through popular vote. This marked a historic moment for LGBTQ rights in the United States. This was a landmark accomplishment, showcasing the increasing public support for marriage equality and set a precedent for other states to follow. In addition to these states, New York also legalized same-sex marriage, marking another significant victory for the movement.
However, the path to marriage equality was not without obstacles. In New Jersey, for instance, the legislation to legalize gay marriage was vetoed by Governor Chris Christie, illustrating a significant legislative setback. Similarly, North Carolina voters approved an amendment to the state constitution banning gay marriage, showcasing the ongoing resistance to same-sex marriage. These setbacks underscored the deeply entrenched opposition that advocates had to overcome.
Despite these challenges, there were also notable judicial victories. The 9th U.S. Circuit Court of Appeals upheld a lower court ruling that California’s Proposition 8, which banned gay marriage, was unconstitutional. As of late 2014, same-sex marriage had been legalized in states representing over 70% of the U.S. population. This signified a considerable change in the landscape of marriage equality nationwide. This period of state-level battles laid the groundwork for the eventual nationwide legalization of same-sex marriage, demonstrating both the progress and the persistent challenges faced by advocates.
Federal Court Decisions
Decisions by federal courts were instrumental in propelling the cause of same-sex marriage forward, particularly through the landmark case of United States v. Windsor. In 2011, the Justice Department’s decision to stop defending DOMA marked a significant shift in federal policy. This reversal was driven by the Obama Administration’s recognition that Section 3 of DOMA was unconstitutional, leading to a Supreme Court review of the matter.
The case of Edith Windsor, who sued the federal government for not recognizing her marriage to Thea Spyer, was pivotal. Windsor’s inability to claim the estate tax marital deduction highlighted the discriminatory nature of DOMA. In June 2012, U.S. District Judge Barbara Jones ruled that Section 3 of DOMA unconstitutionally discriminated against married same-sex couples. This ruling was upheld by the Second Circuit Court of Appeals in October 2012, marking a significant legal victory for marriage equality.
The U.S. Supreme Court announced it would hear the Windsor case in December 2012, with oral arguments held in March 2013. The Supreme Court’s June 2013 ruling represented a landmark moment in the struggle for same-sex marriage. The court ruled that Section 3 of DOMA was unconstitutional, ensuring that the federal government could not discriminate against married same-sex couples for federal benefits,. This ruling significantly advanced the progress of lawsuits challenging state bans on same-sex marriage.
The Windsor decision was a turning point, dismantling a major barrier to marriage equality at the federal level and setting a precedent for future legal battles. It underscored the importance of federal court decisions in shaping the legal landscape and advancing the rights of same-sex couples.
Obergefell v. Hodges
The path towards nationwide marriage equality culminated in the Supreme Court’s ruling in Obergefell v. Hodges. The case began when James Obergefell and John Arthur, a same-sex couple, challenged Ohio’s refusal to recognize their marriage on Arthur’s death certificate. This personal battle for dignity and recognition quickly escalated into a pivotal legal confrontation.
Judge Timothy S. Black initially granted a temporary restraining order requiring Ohio to recognize Obergefell and Arthur’s marriage on the death certificate. In December 2013, he ruled that Ohio’s refusal to recognize same-sex marriages performed out of state violated due process and equal protection rights. However, this victory was short-lived as the Sixth Circuit Court of Appeals reversed the decision in November 2014, prompting the case to be taken to the Supreme Court.
The Supreme Court consolidated Obergefell with other cases challenging same-sex marriage restrictions, addressing whether states must recognize out-of-state same-sex marriages. On June 26, 2015, the Supreme Court ruled that the Fourteenth Amendment requires all states to license and recognize marriages between same-sex couples, effectively recognizing same sex marriages nationwide. This decision granted same-sex couples the right to marry in all 50 states, ensuring full and equal recognition under the law.
The Obergefell ruling represented not only a legal triumph but also a transformative milestone in America’s civil rights history. It affirmed that the Constitution guarantees the fundamental right to marry to all individuals, regardless of their sexual orientation. This landmark ruling was the culmination of decades of legal battles, advocacy, and personal sacrifices, marking a new era of equality and justice for same-sex couples across the nation.
Impact of Legalization
The enactment of same-sex marriage laws instigated significant changes in the lives of LGBT individuals, enhancing their happiness and life satisfaction. After the Obergefell decision, the percentage of happy LGBT adults increased to 87%, closing the gap with non-LGBT adults. Life satisfaction among LGBT adults also saw an increase from 58% to 62%, with the greatest gains observed in states where same-sex marriage was not previously recognized.
These improvements in well-being were not just statistical; they reflected real, tangible benefits. Some notable outcomes include:
Increased health insurance coverage for individuals in same-sex couples
Improvements in sexual health among men who have sex with men
Significant reduction in visits to health clinics by gay men after the legalization of same-sex marriage in Massachusetts
Notable reduction in the rate of attempted suicide among teenagers of minority sexual orientation when same-sex marriage was established
Despite these encouraging shifts, the legal recognition of same-sex marriage did not notably impact the happiness or life satisfaction of non-LGBT adults. This indicates that extending marriage rights to same-sex couples did not detract from the well-being of heterosexual individuals, countering arguments that marriage equality would harm traditional marriage or societal norms.
Although the Supreme Court’s 2015 decision was a significant landmark, opposition to this change continues in several regions across the United States. Nevertheless, the overall impact of legalizing same-sex marriage has been overwhelmingly positive, affirming the rights and dignity of LGBT individuals and contributing to a more inclusive and equitable society.
Continuing Challenges
Despite same-sex marriage being legally recognized across the nation, numerous same-sex couples still confront discrimination in several facets of their lives. Private sector entities, such as cake bakers, caterers, and photographers, often refuse to provide services to same-sex weddings based on religious beliefs. This ongoing discrimination highlights the deep-seated prejudices that still exist, even as legal recognition of same-sex marriages has been achieved.
Religious opposition to same-sex marriage is often rooted in conservative ideology and sexual prejudice, with many religious groups citing specific Biblical passages to justify their stance. This resistance is not merely about religious doctrine but also reflects broader societal reluctance to accept and embrace change. The clash between religious beliefs and the rights of same-sex couples continues to be a contentious issue, with legal battles and public debates frequently arising.
Post-Obergefell, same-sex couples have encountered numerous legal challenges, such as:
difficulties in getting both parents’ names listed on birth certificates
voiding of adoption decrees
bans on adoption by same-sex couples in certain states
These issues illustrate the ongoing struggle for full equality and recognition in all aspects of life. Although the U.S. Supreme Court has intervened in some cases to restore rights, such as joint custody to adoptive mothers, the road to complete acceptance remains fraught with obstacles.
As we look to the next decade, it is clear that while significant progress has been made, the fight for equality and justice for same-sex couples is far from over. Social service providers and policymakers must continue to address these challenges to ensure that the promise of marriage equality is fully realized for all individuals, regardless of their sexual orientation.
Public Opinion Over Time
Over the past few decades, public opinion on same-sex marriage has experienced a significant transformation. Support for same-sex marriage steadily increased by approximately 1% to 1.5% annually from 1988 to 2009. This indicates a consistent positive trend towards acceptance of same-sex marriage over this period. This gradual shift laid the groundwork for more significant changes in public sentiment, culminating in a majority of Americans supporting marriage equality.
By 2011, support for same-sex marriage had exceeded 50% for the first time, according to Pew Research Center polling. This marked a critical turning point in the national conversation about marriage equality. In 2012, Pew Research Center found that more Americans supported same-sex marriage (48%) than opposed it (43%). This growing acceptance was reflected in the evolving stance of prominent political figures, such as:
President Barack Obama, who became the first sitting president to support same-sex marriage in 2012
Hillary Clinton, who publicly announced her support for same-sex marriage in 2013
Joe Biden, who publicly announced his support for same-sex marriage in 2012
Over recent years, backing for same-sex marriage has steadily increased. A 2023 New York Times/Siena poll revealed that:
70% of Americans now support same-sex marriage
This broad-based support extends across most states, with a majority of people in every state except Mississippi backing marriage equality as of 2022
Among younger Americans aged 18-34, approval of same-sex marriage is nearly universal.
Social media has played a crucial role in mobilizing support for same-sex marriage and countering religion-based opposition. Platforms like Twitter and Facebook have provided a space for advocacy and the sharing of personal stories, helping to shift public opinion and build a broader consensus in favor of marriage equality. This evolution in public sentiment underscores the powerful impact of visibility, advocacy, and open dialogue in advancing civil rights.
Global Perspective
The United States isn’t the only country progressing towards marriage equality. As of now, 36 countries around the world have legalized same-sex marriage, demonstrating a global shift toward recognizing the rights of LGBT individuals. This international movement reflects diverse approaches to legalization and the recognition of same-sex unions.
Recent years have seen significant advancements in various countries. Greece and Estonia, for example, legalized same-sex marriage in 2024 through legislative processes. In 2022, Cuba took a different route by legalizing same-sex marriage via a national referendum. These varied pathways highlight the unique political and cultural landscapes in which marriage equality is achieved.
Noteworthy legal decisions have also contributed to the global progress. Taiwan became the first Asian country to legalize same-sex marriage in 2019 following a constitutional court ruling. Additionally, the European Court of Justice ruled in 2018 that all EU countries must recognize same-sex marriages for immigration purposes, even if those countries do not permit same-sex marriage. These milestones illustrate the ongoing global efforts to ensure that same-sex couples are granted the same rights and recognition as heterosexual couples.
Learn more, visit Love is love: How same-sex marriage became a right in the United States.
Summary
The journey toward marriage equality in the United States has been long and arduous, marked by significant legal battles, landmark decisions, and shifts in public opinion. From the early legal challenges in the 1970s to the breakthrough in Massachusetts and the eventual nationwide legalization through Obergefell v. Hodges, each milestone has been a testament to the resilience and determination of advocates and supporters.
Despite the progress made, ongoing challenges remain. Discrimination and resistance based on religious beliefs continue to affect same-sex couples, highlighting the need for continued advocacy and legal protections. As public support for same-sex marriage grows and more countries around the world embrace marriage equality, the path forward is clear: the fight for full acceptance and equal rights for LGBT individuals must continue until true equality is achieved.
Frequently Asked Questions
When was same-sex marriage legalized in the United States?
Same-sex marriage was legalized nationwide on June 26, 2015, following the Supreme Court’s decision in Obergefell v. Hodges.
What was the Defense of Marriage Act (DOMA)?
The Defense of Marriage Act (DOMA) was a 1996 federal law that defined marriage as a union between a man and a woman and allowed states to refuse to recognize same-sex marriages performed in other states. It had a significant impact on marriage equality in the United States.
How did public opinion on same-sex marriage change over time?
Public support for same-sex marriage has steadily increased over time, exceeding 50% in 2011 and reaching 70% in 2023. This demonstrates a significant positive change in public opinion.
What impact did the legalization of same-sex marriage have on LGBT adults?
The legalization of same-sex marriage had a positive impact on LGBT adults, leading to increased happiness, life satisfaction, and various health and social benefits.
Are there still challenges facing same-sex couples despite legalization?
Yes, discrimination and legal challenges based on religious beliefs continue to affect same-sex couples.
