Table Of Contents
Part I – Background
Welcome and introduction
What will you find here?
The Reading Room
What you won’t find here
About the author
What year…?
What is marriage?
Marriage, not “gay marriage”
What do we mean by marriage?
What do we mean by legal marriage?
Laws associated with legal marriage
Part II – History
1942: Skinner v. Oklahoma
Marriage is “one of the basic civil rights”
1948: Perez v. Sharp
The person of one’s choice
1967: Loving v. Virginia
One of the vital personal rights
1969-1970: Stonewall, and same-sex couples
1971: The first same-sex couple to be legally married: Baker and McConnell
Baker v. Nelson
1972-1973: ERA (the Equal Rights Amendment) and DOMA
1974: Singer v. Hara
1975: More licenses
Immigration
1976-1978: Zablocki v. Redhail
The right to marry is fundamental and protected by the 14th Amendment
1984-1987: Turner v. Safley
Even prisoners have a right to marry
1990: The start of the modern era
Well, since “deadbeat dads” and even prisoners have the right to marry…
1993: Baehr v. Lewin – “marriage is a basic civil right”
Equal protection analysis
A suspect category…
…and a fundamental right.
But isn’t it fair to say that everyone has to marry the opposite sex?
The case gets sent back to the lower court
1994-1995: Utah’s DOMA
1996: Romer v. Evans, and DOMAs
Denying fundamental rights to a class of citizens is unconstitutional
DOMAs
December 1996: Baehr wins again
1997-1998: Brause & Dugan v. State Of Alaska
One’s choice of a life partner is a fundamental right
1998-1999: Constitutional amendments
1999: Baker v. State Of Vermont – a study in contradiction
A constitutional obligation…
…but marriage is not one of the benefits and protections of marriage
2000-2001: Civil unions
More constitutional amendments and their fallout
2001-2002: “Civil union”? What’s that?
May 2003: Nebraska’s amendment is challenged
June 2003: Lawrence v. Texas
Foreign marriages and portability
Privacy is more important than tradition
June 2003: Scalia gets it partly right
November 2003: Goodridge v. Department Of Public Health
December 2003: The Governor’s reaction to Goodridge
December 2003: Civil unions are unfair and unconstitutional
January 2004: Bush wants to amend the Constitution
February 2004: San Francisco
March/April 2004: The marriages spread, along with lawsuits
May 2004: Marriage in Massachusetts and the Cherokee Nation
Massachusetts
The Cherokee Nation
Summer 2004: Highs and lows
Same-sex couples have the right to marry…
…while 4,000 married couples are forcibly divorced…
…and setbacks happen in two other states
September 2004: Castle v. State Of Washington
November 2004 to January 2005: A cold hard winter
Amendments and the Supreme Court
Procreate responsibly
February/March 2005: Spring thaw
New York
Washington State
California
April to June 2005: You win some, but you mostly lose some
More forcible divorces, amendments, and DOMAs…
…but you can’t keep same-sex couples from having any rights.
You can, however, use religion to keep them from the right to marry (in New Jersey, anyway)…
…and (in California), fundamental civil rights aren’t really for everyone.
Fall 2005: Could be worse. Could be raining.
California
Texas
New York
Iowa
Winter 2006: Progress
Maryland
Summer 2006: Disappointment
New York
Washington State
Connecticut
Nebraska/federal
Alabama
Fall 2006: Is this progress?
Rhode Island couples get to marry – in Massachusetts
California couples get no help from the intermediate court…
…while New Jersey couples get civil unions
And seven states amend their constitutions – while one votes against it
The Supreme Court stays out of it
But South Africa does the right thing
2007: Comity
March: Foreign marriages are recognized in New York
May: Some Massachusetts marriages can also be recognized in New York
June: The proposed amendment fails in Massachusetts
July: As far as Massachusetts is concerned, New Mexico couples can marry in Massachusetts
2007: Varnum v. Brien
Iowa couples get the right to marry – briefly
2007: Maryland’s court disappoints in Deane & Polyak
Good news: New York State
Good news: Seattle
Good news: California (again)
Bad news: Maryland, California, and Rhode Island
2008: Martinez – New York recognizes out-of-state marriages
Good news: New York State
2008: In re: Marriage Cases
California recognizes the right of same-sex couples to marry
And Massachusetts allows out-of-state gay couples to marry
Part III – Summary and conclusion
Summary: 1942-1989
Summary: 1990-2001
Summary: 2001-2004
Summary: 2004-2005
Summary: 2005-2006
Summary: 2007-2008
Conclusion
We’ve seen that…
Looking ahead…
Cake
Part IV – Useful stuff
The Reading Room
Resources
These organizations are a great way to get involved and stay informed.
These resources provide excellent ways to stay informed.
updated 17 Aug 2008