Same Sex Marriage in US

In 2004, only one state permitted same-sex marriage. However, in the subsequent 11 years, marriage equality expanded nationwide, encompassing all 50 states and Washington, DC. This transformation resulted from a combination of court decisions, ballot initiatives, and legislative actions.

The progression toward marriage equality had its roots in Massachusetts, where the legalization of same-sex marriages by the state’s Supreme Court prompted public contemplation about unions between gay and lesbian couples. This shift in perception laid the foundation for a change in public opinion, eventually leading to majority support for marriage equality.

During the 1990s and 2000s, several states enacted prohibitive measures against same-sex marriages following a suggestion by the Hawaii Supreme Court in 1993 that such prohibitions might violate the state’s constitution. These bans became the central focus of legal debates, with organizations like the American Civil Liberties Union, Lambda Legal, and the National Center for Lesbian Rights challenging them as unconstitutional.

Advocates for marriage equality contended that extending marriage rights to same-sex couples ensured equal treatment under the law, unlocking various government benefits that would benefit the children of such couples and society as a whole. Conversely, opponents argued that restricting marriage to opposite-sex couples strengthened traditional family structures, promoting natural procreation and encouraging parents to remain together for the upbringing of their biological children.

The pivotal moment came in June 2015 when the US Supreme Court, in a 5-4 decision, invalidated states’ bans on same-sex marriage, thereby establishing marriage equality nationwide. Justice Anthony Kennedy, in the majority opinion, emphasized the profound nature of marriage and asserted that the Constitution granted equal dignity to same-sex couples.

Leading up to this decision, key members of the Supreme Court had signaled their inclination to establish same-sex marriage rights as a national standard. Despite potential alternative outcomes, the Court’s ruling solidified marriage equality, reflecting a positive shift in public opinion.

Supporters of same-sex marriage based their arguments on equal rights, asserting that the prohibition of such marriages was inherently discriminatory and violated the 14th Amendment of the US Constitution. They highlighted that denying same-sex couples access to marriage benefits, such as joint tax filing and inheritance rights, was unjust.

In contrast, opponents argued that traditional marriage policies, limited to heterosexual relationships, served the public interest. Some groups, including the United States Conference of Catholic Bishops, emphasized the secular benefits of heterosexual marriages, particularly procreation. However, the Supreme Court rejected these arguments, deeming same-sex marriage bans discriminatory and unconstitutional.

The Court had previously struck down the federal ban on same-sex marriages in 2013, leading to subsequent rulings in lower federal courts that allowed same-sex couples to marry in most states. The evolving institution of marriage, as seen in historical shifts and legal precedents, supported the notion that societal definitions of marriage could change to be more inclusive.

Marriage, beyond its symbolic and emotional significance, also brought tangible benefits to same-sex couples, including tax advantages, inheritance rights, and the ability to make crucial medical decisions for a spouse. Recognizing the advantages of marriage, courts emphasized that denying these benefits to same-sex couples and their children was discriminatory.

Research suggested that marriage equality could positively impact the well-being of children in same-sex families. A 2013 meta-analysis by the American Academy of Pediatrics argued that inhibiting same-sex parents’ marriage could create stress, negatively affecting children’s development. Furthermore, economic benefits, such as job creation and revenue generation, were anticipated in states embracing marriage equality.

Public opinion underwent a significant transformation, with Gallup polls indicating a shift from 27 percent to 60 percent support for same-sex marriage between 1996 and 2015. This changing perspective, coupled with legal developments, contributed to the nationwide acceptance of marriage equality.