Gay Marriage And Same-Sex Marriage

Throughout the course of history for the homosexual community, many people have played major roles in the push for equality and normalization of the gay and lesbian lifestyle. In the 1970s, Harvey Milk became the first openly gay man to be given a position in the California government. Milk pushed for homosexual men and women to always be open about their sexuality and who they are (Fenwick 32). Later on in the homosexual history timeline, Ellen DeGeneres opened up about being a lesbian on the television show, “Ellen” (Staff), kick starting the infusion of gays and lesbians into the entertainment business. Politically, Barack Obama made a huge impact on the current rights gays and lesbians have. In 2015, Obama signed a law making same-sex marriage legal across the entire United States. President Obama also declared an annual gay pride month, along with making gay hate crimes federal offenses, and ending gay conversion therapy for minors (Staff).

In The Gay Marriage Case, Obergefell v Hodges, the United States Supreme Court decided that a state may not prohibit same-sex marriage. Instead, it emphasized that the fundamental right to marry is guaranteed to the gay society through the Due Process Clause of the 14th amendment of the United States of America Constitution. The involved decision maker in the case was Justice Anthony Kennedy, who gave four primary reasons for his decision.

The controversy between marriage equality and the exercise of religious freedom is a confliction between nondiscrimination laws and religious freedom laws. Religious freedom seemed to be an important aspect of an American citizen, after all it is the very first amendment to the constitution. With each American citizen being granted equality by the Civil Rights Act of 1964, discrimination made against an individual based on his/her sexual preference may seem to violate this act. In history, religious organizations typically been immune from state and local laws prohibiting discrimination based on sexual orientation. However, with the cases of Obergefell v. Hodges and Kim Davis this stance is challenged.

Historically, the same sex marriage movement can be traced back to the early 1970’s, when gay rights activists begun the movement by bringing forward three suits in Minnesota, Kentucky, and Washington, but none of the suits were successful (Rosenberg). Following these actions in 1986, the case of Bowers v. Hardwick was brought before the Supreme Court

The first spark to set flames to the waging war on marriage equality happened on October 15, 1971. In the Supreme Court case of Baker v. Nelson on October 15, 1971, one of three cases brought forth by same-sex couples, Richard Baker and James Richard McConnell were denied a marriage license by a county court clerk in Minnesota in May of 1970 (Minnesota Legislature, 1971, Richard John Baker and Another v. Gerald R. Nelson). The initial trial court dismissed their claim, declaring that the clerk had the power to refuse the right of marriage to gay couples. The couple lost again in the Minnesota Supreme Court, and the U.S. Supreme Court followed by confirming the ruling. For the next twenty four years, basic human rights were continuously denied nationwide in cases similar to Baker v. Nelson and in anti-gay attempts to restrict homosexual marriage. Eventually, there showed signs of hope such as the Defense of Marriage Act (DOMA) in May, 1996 and Massachusetts becoming the first state to legalize same-sex marriage in December, 1996. In relatively recent news, the LGBTQ community celebrated a monumental win as the Supreme Court ruled same-sex marriage a constitutional right for Americans nationwide. On the 25th of June, 2015, many rejoiced this new ruling. Unfortunately, just as many were disgusted at the new legislation. The topic of marriage equality is a unique controversy due to the fact that it gathers so many strong opinions to the cause from many different walks of life.

The year is 2015 and I can’t imagine not having the freedom I do today. Marriage equality is a very recent topic in history. It wasn’t very long ago that laws prohibited the marriage of same-sex couples. I have decided to investigate the history of marriage equality and the organizations that helped make the dream come true. In order to fully understand the changes that occurred, and to comprehend the level of discrimination that was felt in the homosexual culture, one must first understand the history of the LGBTQ (lesbian, gay, Bisexual, Transgender and Queer) community. The harsh history of the LGBTQ community, and discrimination that was imposed on them and the organizations that strived to advocate for the LGBTQ community on a local, regional and national level is what eventually lead to the Supreme Court ruling on June 26th, 2015, stating that states cannot ban same-sex marriage.

On June 4, 2008, the plaintiffs in this case include fifteen same-sex couples who wish to marry in California and support groups for lesbian, gay, bisexual and transgendered Californians. They were denied many times; however, now before the California Supreme Court, they argue that “California has long led the nation in recognizing that constitutional provisions guaranteeing equal protection, privacy, due process and freedom of association and expression require that lesbian and gay people, like all people, be treated fairly under the law.” Nonetheless these protections, California has denied same-sex couples the right to marry. That denial, they argue, violates the California Constitution.

The petitioners were two men whose same-sex partners had died and fourteen same-sex couples who all brought cases in their respective District Courts challenging either the denial of their right to marry or the right to have their marriage performed elsewhere recognized in their own state. The cases were heard in Michigan, Kentucky, Ohio and Tennessee, each of which defines marriage as between a woman and a man. In each case, the relevant District Court found in favor of the petitioner. Each of the respondents, who were state officials responsible

Virginia case opened the door to a new civil rights movement. This time, it is about the rights of the LGBT community. Only in recent years has homosexuality become acceptable in the public eye. Regardless of the laws stating we cannot discriminate against people based on their sexual orientation, homosexual individuals are still treated as second class citizens. Gay men and women were denied the right to marry whom they loved. Couples had to fight for their love one state at a time until finally, on June 26th, 2015, the United States supreme court ruled that discriminating against same sex marriages was unconstitutional and “states must recognize same sex unions” (Chappell 2015).

Lewin was the first widely publicized court case that changed the conversation surrounding queer couples.[footnoteRef:50] Baehr v. Lewin was a lawsuit in which three same-sex couples argued that Hawaii's prohibition (enacted after the passage of The Defense of Marriage Act) of same-sex marriage violated the state constitution. Although it was a case regarding legal action, it expanded on claims surrounding the institutions marriage (including the legality of non-procreative relationships). It questioned not only if queer relationships are legitimate, but led to public recognition to the commitment of the three couples involved. In most discussions of Baehr v. Lewin, one couple was referenced as a couple of “thirty some years”, giving it not only legitimacy, but a relatability that most queer cases didn’t have previous to the Baehr case.[footnoteRef:51] [50: Clark, Andrew. 2011. "Falling through the Cracks: Queer Theory, Same-Sex Marriage, Lawrence v Texas, and Liminal Bodies. “Disclosure no. 20: 24-43. Academic Search Premier, EBSCOhost (accessed March 23, 2016).] [51:

On June 26, 2015 the Supreme Court brought the country one step closer to true freedom for all. Marriage equality was a widely debated topic over the last few years especially, but it is no way a new issue. Richard John “Jack” Baker and James Michael McConnell were the first citizens to apply for a same-sex marriage license on May 18, 1970. Even before Baker and McConnell, marriage equality had been a more accepted topic in comparison to years before when homosexuality was perceived as voodoo in the eyes of most Americans. In the last decade, hundreds of influential people have “come out” as homosexual, from actors like Neil Patrick Harris, who starred in How I Met Your Mother, to politicians like Jim Mcgreevey, the first homosexual governor. Melissa Hergott wrote a brief article/book review which was featured on page 48 of Broken Pencil. Hergott reviews The Right Side of History an anthology written by Adrian Brooks; Brooks book discusses the LGBTQI activism in the last 100 years. Hergott raves “Readers unfamiliar with queer history will appreciate the book 's chronological approach, which presents a comprehensive timeline of events from the last 100 years: Alfred Kinsey 's ground breaking sex research, the founding of the Mattachine Society and Daughters of Billitis, the Stonewall riots, Harvey Milk 's assassination, the AIDS crisis, and the contemporary struggle for marriage equality.” Hergott and Brooks both explain the history of LGBTQI activism and the impact it has

After the passing of the Criminal Amendment Act of 1968, gay and lesbian rights movements started booming in the 1970’s (Smith 328). At first, the purpose of the movements was to gain support from the public on their cause of equal rights for LGBT people. However, the main goal was for the “legalization of homosexual behavior; an end to state regulation and repression of lesbian and gay life; and the passage and enforcement of antidiscrimination measures, most importantly in the area of employment” (Smith 334). To do this, the gay rights movements of Vancouver, Montreal, and Toronto sought for political action to gain rights (Smith 334). These gay rights liberations faced discrimination themselves when the newspaper was unwilling to

Since America was founded, heterosexual marriages have been the only legal way to get a marital licence and be considered by the government and the state legally married. However, in 1970 Richard Baker and Michael McConnell applied for a marital licence and were denied because they were both of a male gender. In turn, the couple sued the man who denied their marriage, and it traveled all the way to the U.S. Supreme Court and they still lost. This was the first ever record of a homosexual couple fighting the government for the right of same sex marriage. The battle grew and grew, becoming more popular until they came to the Supreme Court for one last appeal. On June 26, 2015, the Supreme Court ruled that all 50 states must allow a couple of

Since the beginning of time, people have been living in a world full of hatred, violence, and hostility towards one another because of physical or social differences. While we strive to create an ideal world for future generations, people still tend to discriminate against others on a daily basis simply because of their skin color or gender. One of the most despised groups of individuals in the past has been the gay and lesbian community. Gays and lesbians were not socially acceptable to society at one time, but over the years they have made significant breakthroughs in history that have opened up the doorways of gaining the same rights and opportunities as others. Along with the many triumphs of the Gay Rights Movement, there have also been many setbacks.  Bottoms v. Bottoms is one of the most renown Supreme Court cases that further demonstrates the struggle for equality for gays and lesbians.

In Journal of Human Rights published in 2014, after the Equalities Act of 2010 enacted, the United Kingdom sees sexuality and gender identities as “protected characteristics,” with legal imperatives to address discrimination, and in Canada in the early 1990s, there were an opposition against gays and lesbian rights, but after sexual orientation recognized in 1995, gradually by 2013, gays and lesbians have equality rights. (Browne, 2014)