Legalization of same-sex marriage

[pbrower2a]

I'm mixing some threads here to create a lesson, basically on how an important  civil right (same-sex marriage) could come into being. Some are from the old Fourth Turning forms, and some are from Leip's "Election Atlas". Here I can do this without the banter characteristic of a Forum. This may be good for a civics lesson.

Let's start with the most amazing reality: this has happened while America has become more, and not less, sexually repressive, especially of domestic violence (which is not a right) and even more, the abominable deeds that we can all classify as sexual abuse of children. We are in the worst time ever to be involved in child pornography, a reality that almost everyone finds acceptable. This is also in a time, part of which reflects the rise of the Tea Party movement which melds every thread of religious and economic conservatism. Know well: gays and lesbians wanted to find their way into the mainstream of American life, and they did a good job of it. They distanced themselves as fully as straights from the infamous NAMBLA types. The less said about NAMBLA the better.

Same-sex couples have ended up with children; just like heterosexual couples they can be just as protective of those children as heterosexuals. Two gay men or two lesbians could be very hostile to any pervert showing an inappropriate interest in the child in their custody. Sexual exploitation of children is perversion; homosexuality isn't.

...Before anyone asks me what my stake is -- it is law and order. Having been gay-bashed, I came quickly to the conclusion was that the problem wasn't that I wasn't masculine enough; it was instead that some people think it acceptable to beat people that they deem homosexual. Difference is real. Human rights must be the law of the land. I came to the conclusion that standing for homosexual rights would promote law and order, the first of all civil rights. I changed my tune on homosexuality. I used to make 'gay jokes'. I quite making them when I realized that those contributed, even if subtly, to the danger of gay-bashing.

So here is the legal status of same-sex marriage at the beginning of 2003:





Same-sex marriage was not recognized as a legal right anywhere in America.

Things changed on May 17, 2004 as the result of a state court ruling that the Massachusetts law against same-sex marriage violated the state constitution. But only in Massachusetts, then only the first state to legalize SSM.

Legalization of SSM to 2004




Legalization from previous years (white)

from legal decisions made that year and valid from that year:

resulting from a state court decision invalidating an SSM ban

From here on, a number upon a state indicates the order in which the state recognizes or is compelled to recognize the validity of same-same-sex marriage permanently.

Legalization of SSM to 2008



California briefly legalized SSM as its state Supreme Court invalidated Proposition 8 -- but such was appealed, and SSM quickly vanished. I'm not counting short-lived legalization. But Connecticut would by a ruling that an SSM ban was unconstitutional.

California briefly legalized SSM as its state Supreme Court invalidated Proposition 8 -- but such was appealed, and SSM quickly vanished. I'm not counting short-lived legalization. But Connecticut would by a ruling that an SSM ban was unconstitutional.



Legalization from previous years (white)

from legal decisions made that year and valid from that year:

resulting from a state court decision invalidating an SSM ban

Same-sex marriage would remain strictly a Massachusetts phenomenon until

California briefly legalized SSM as its state Supreme Court invalidated Proposition 8 -- but such was appealed, and SSM quickly vanished. I'm not counting short-lived legalization. But Connecticut would legalize same-sex marriage with a State Supreme Court ruling that an SSM ban was unconstitutional.



Legalization from previous years (white)

from legal decisions made that year and valid from that year:

resulting from a state court decision invalidating an SSM ban

It gets more interesting in 2009.

California briefly legalized SSM as its state Supreme Court invalidated Proposition 8 -- but such was appealed, and SSM quickly vanished. I'm not counting short-lived legalization. But Connecticut would by a ruling that an SSM ban was unconstitutional.




In a mere five days, Iowa (April 3, through a state court decision) and Vermont (April 7, through legislation) ratified same-sex marriage. In May, Maine legalized it through legislation, as would New Hampshire in June. But Maine would repeal the legislation in November, so that would not count in my scheme.

The Council of the District of Columbia would enact a law legalizing same-sex marriage in November -- but that would not take effect until 2010. DC will be shown when SSM becomes possible in 2010.

Legalization from previous years (white)

from legal decisions made that year and valid from that year:

resulting from a state court decision invalidating an SSM ban
resulting from state legislation