In the United States, the availability of legally-recognized same-sex marriage expanded from one state in to all fifty states in through various state and federal court rulings, state legislation, and direct popular votes. 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 landmark civil rights case of Loving v. Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the s. Nelson saw the Supreme Court of the United States decline to become involved. Lewin that it was unconstitutional under the Constitution of Hawaii for the state to abridge marriage on the basis of sex.
How Gay Marriage Won in the U.S. Supreme Court - The Atlantic
In the landmark case Obergefell v. Hodges, the U. Supreme Court ruled that all state bans on same-sex marriage were unconstitutional, making gay marriage legal throughout America. The ruling was a culmination of decades of struggles, setbacks and victories along the road to full marriage equality in the United States. In , just one year after the historic Stonewall Riots that galvanized the gay rights movement, law student Richard Baker and librarian James McConnell applied for a marriage license in Minnesota. Clerk Gerald Nelson rejected their application because they were a same-sex couple, and a trial court upheld his decision.
Rita A. The recent landmark decision by the Massachusetts Supreme Judicial Court to legalize gay and lesbian marriage has brought extensive media coverage and discussion of same sex marriage. The complexities surrounding same sex marriage are multifaceted and include a broad range of areas such as: legislation; institutional, social, and religious views; personal beliefs and biases; civil rights, ethics, and values.
Same-sex marriage has been legalized in twenty-eight countries, including the United States, and civil unions are recognized in many Western democracies. Civil Society. While same-sex marriage has made the most gains in Western democracies, antidiscrimination laws are gaining traction worldwide. In , seventy-three countries, including some that retain sodomy laws, had protections against employment discrimination [PDF] based on gender identity or sexual orientation. Activists in the international arena have focused on antiviolence and antidiscrimination campaigns rather than same-sex marriage.