Saturday, June 7, 2014

Quick Note(s): Same-Sex Marriage By the Numbers -- 19, 10, 21 and the Final 1



1. Wisconsin
Between June 2013 and May 2014, thirteen states have seen their bans on same-sex marriage overturned by federal courts.  On Friday, Wisconsin became the 14th state to join that club when U.S. District Judge Barbara Crabb ruled that the state's 2006 ban on such unions was unconstitutional. 

The state argued that, traditionally, marriage has been recognized to be "the union of an opposite-sex couple."  Judge Crabb noted that "tradition" is not a legal argument.  She reminded them that nearly 100 years ago it was traditional that women be denied the right to vote.  

"Like moral disapproval, tradition alone proves nothing more than a state's desire to prohibit particular conduct."

She also pointed out that, according to biblical text and for much of human history, traditional marriage was accepted as being between one man and multiple women, "which presumably is not a tradition that defendants...would like to continue."

In anticipation of the Judge's ruling, clerks in Milwaukee and Madison brought in extra staff in anticipation of some busy days ahead, though it is still not clear at this time whether same-sex couples will be permitted to begin marrying immediately.  

Governor Scott Walker (R) indicated the state will appeal Judge Crabb's decision.
There are now 27 states where same-sex marriage is legal.  That number includes states where either voters or legislatures have passed laws recognizing same-sex marriage and also states where federal judges have overturned same-sex marriage bans, whether under appeal or not.
We're more than half-way there!

2.  North Dakota
Late Friday afternoon, North Dakota became the last state to test the same-sex marriage waters when seven couples--some old, some young, some seeking recognition of out-of-state marriages--filed a case challenging that state's ban on same-sex unions.

Where we stand today:

  • Same-sex marriage is legal in 19 states + D.C.: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.
  • Federal judges have declared laws against same-sex marriage unconstitutional and those decisions are now under appeal in 10 states: Arkansas, Idaho, Kentucky, Michigan, Oklahoma, Tennessee, Texas, Utah, Virginia, Wisconsin.
  • Challenges against same-sex marriage bans have been filed, but no ruling has been issued in 21 states: Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, South Carolina, South Dakota, West Virginia and Wyoming.
These cases are going to begin landing in the Supreme Court's lap soon.  I look forward to celebrating the announcement that same-sex partners are free to marry anywhere in the United States of America.

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