History of the legalization of same-sex marriage in America

[pbrower2a]

until 2004 -- all states in which same-sex marriage was legal are marked in color. (blank map, of course).

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

[Negusa Nagast 🚀]

There are a million gifs of this online; I recommend a simple google image search. Please stop filling up US General with your trash.

[pbrower2a]

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.  

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
 

[pbrower2a]

There are a million gifs of this online; I recommend a simple google image search. Please stop filling up US General with your trash.

Please bear with me. I wish to create a historical study. Things are moving fast, and give this a chance for a day or two. I'm making some distinctions that others don't make. Patterns are forming over time, and when I get to this year (2014) things will get very interesting. I am giving ranks of states accepting SSM -- and the methods by which SSM is legalized.


The first post is not intended to impress -- just to state fact.

[angus]

There are a million gifs of this online; I recommend a simple google image search. Please stop filling up US General with your trash.

I don't think that there are a million images of the timeline that he is defining.  I think it's rather original.  Moreover, its completion will require some effort on his part.  Effort and originality should be encouraged.

[pbrower2a]

Legalization of SSM in 2009

It gets more interesting in 2009.

(Edited to remove Maine and Nebraska districts - TF).


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

[pbrower2a]

As the result of a vote by the District of Columbia Council in 2009, SSM became lawful in March 2010. This is significant because if the Federal Government could not nullify SSM in the District of Columbia it could not nullify it as the decision of a State. States' rights would apparently protect states' legislation allowing SSM. But that is as far as things would go.

I mark DC with a 56 indicating that it is between the fifth and sixth states to recognize SSM by law.

(Ignore Maine and Nebraska districts).


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
resulting from the decision of the DC Council

[pbrower2a]

There are a million gifs of this online; I recommend a simple google image search. Please stop filling up US General with your trash.

I don't think that there are a million images of the timeline that he is defining.  I think it's rather original.  Moreover, its completion will require some effort on his part.  Effort and originality should be encouraged.

Thank you for your support.

[The Free North]

There are a million gifs of this online; I recommend a simple google image search. Please stop filling up US General with your trash.

What the hell is your problem. If it bothers you that much just don't read the thread. No reason to be an asshole.

[pbrower2a]

Only one state would legalize SSM in 2011 -- but it was New York State, effective on July 24 through legislation.

(Ignore Maine and Nebraska districts).


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
resulting from the decision of the DC Council

[pbrower2a]

In three states -- Maine, Maryland, and Washington -- same-sex marriage would be legalized through a popular initiative or referendum. Although the Maryland law would permit same-sex marriage on January 1, 2013, that is close enough for me to put the legalization in 2012. I'm giving the situation on January 1, 2013. Maine counts now due to permanence.

(Ignore Maine and Nebraska districts).


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
resulting from the decision of the DC Council
resulting from a statewide initiative or referendum

[pbrower2a]

Things accelerate in 2013.

Most significant, and not only for the number of people that it would affect, would be the end of a long legal process starting in 2008 involving California, the US Supreme Court deciding on June 26 that same-sex marriages would be legal in California with such marriages being resumed on June 28.

SSM became lawful and effective  in Delaware on July 1, in Rhode Island and Minnesota  on August 1, and Hawaii on through legislation on December 2. A state court validated SSM in New Jersey on October 21 and another in New Mexico so did on December 13.

(Ignore Maine and Nebraska districts).


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
resulting from the decision of the DC Council
resulting from a statewide initiative or referendum
resulting from a decision by the US Supreme Court

[Pessimistic Antineutrino]

Just a note about Maine and Nebraska districts, it helps if you use the 1964 map as a base instead of 2012 because it's the first year with all 50 states + D.C. but without the extraneous congressional districts.

[pbrower2a]

Just a note about Maine and Nebraska districts, it helps if you use the 1964 map as a base instead of 2012 because it's the first year with all 50 states + D.C. but without the extraneous congressional districts.

Thank you. Your suggestion works well.

Illinois enacted legislation authorizing SSM in November 2013 to be valid on July 1, 2014 -- but courts rushed the date on which it would become effective into late February for Cook County and such made SSM valid throughout Illinois. Since then (as of December 2, 2004) no state has since enacted SSM through any legislative process, initiative or referendum, or the decision of a State court.

The Ninth District Court invalidated an SSM ban in Oregon on May 19. The federal appeals court for the Middle District of Pennsylvania invalidated the SSM ban of Pennsylvania the next day, and the Governor declined to appeal.    

For clarity -- "12T" applies to both Minnesota (easily visible) and Rhode Island (not so visible) indicating that same-sex marriage became possible on the same day.




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
resulting from the decision of the DC Council
resulting from a statewide initiative or referendum
resulting from a decision by the US Supreme Court
resulting from a decision by a federal court subsidiary to the US Supreme Court

[Nutmeg]

resulting from state legislation
resulting from the decision of the DC Council

I feel that you could combine these; they seem like a distinction without a difference. The D.C. Council is our elected equivalent of a state legislature.

[pbrower2a]

Between June and September, SSM is still limited to nineteen states and the District of Columbia. But some Federal Circuit Courts struck down some state statues banning SSM, at times showing the speciousness of the claim that bans on SSM did some social good and no harm. States invariably appealed.  

On October 6 and 7, the US Supreme Court applied the hammer to some of the appeals of lower-court decisions mandating the legalization of SSM in the following states:


Colorado
Indiana
Nevada
North Carolina
Oklahoma
Utah
Virginia
West Virginia
Wisconsin

[pbrower2a]

At this point we can recap how states came to accept same-sex marriage. After Pennsylvania there is a pause until October in the legalization of SSM -- but not in judicial activity. This looks like a turning point because from then on no state is likely to ever legalize SSM through finding SSM bans violations of the state (or district) constitution, enactment through legislation, or initiative or referendum.  There would be no initiatives or referendums on SSM in the general election of 2014.     

Method of legalization of SSM

resulting from a state court decision invalidating an SSM ban
resulting from state legislation
resulting from the decision of the DC Council
resulting from a statewide initiative or referendum
resulting from a decision by the US Supreme Court
resulting from a decision by a federal court subsidiary to the US Supreme Court

[pbrower2a]

Between June and September, SSM is still limited to nineteen states and the District of Columbia. But some Federal Circuit Courts struck down some state statues banning SSM, at times showing the speciousness of the claim that bans on SSM did some social good and no harm. States invariably appealed.  

On October 6 and 7, the US Supreme Court applied the hammer to some of the appeals of lower-court decisions mandating the legalization of SSM in the following states:


Colorado
Indiana
Nevada
North Carolina
Oklahoma
Utah
Virginia
West Virginia
Wisconsin

[pbrower2a]

At this point I could have predicted with some confidence that no further state would abolish bans on SSM due to decisions of a state court, through legislation, or through initiative or referendum.      

From here on I can show two groups of states (the District of Columbia is of course in the first group): those with legal and permanent SSM statewide by law before the May-September gap and those that enact it later.

I will no longer show states by their 'rank' in ending up with SSM. It may be that those states that most fervently resisted SSM that ended up getting their SSM bans judged more quickly in the federal appellate courts. Hereon, colors other than white indicate the month in which SSM bans give way to recognize new licensing of SSM.  

As of November 1, 2014, one can add in sky blue those states that got legal SSM imposed, all ultimately due to decisions of the US Supreme Court.

States with full legalization of SSM as of 1 May, 2014 (white)
States getting full legalization of SSM in October 2014

[pbrower2a]

To the surprise of many, Missouri gets SSM as the result of a decision by a State court early in November. So do Kansas, Montana, and South Carolina later in the month as appeals of lower-court rulings are appealed all the way to the Supreme Court. Those states are in aqua.
  

States with full legalization of SSM as of 1 May, 2014 (white)
States getting full legalization of SSM in October 2014
States getting full legalization of SSM in November 2014

Method of legalization of SSM:  

Method of legalization of SSM

resulting from a state court decision invalidating an SSM ban
resulting from state legislation
resulting from the decision of the DC Council
resulting from a statewide initiative or referendum
resulting from a decision by the US Supreme Court
resulting from a decision by a federal court subsidiary to the US Supreme Court

Barring the complete legalization of SSM in all states in which it is still banned, most likely through a Supreme Court decision applicable to all states, I will not update this map until the end of the month. There's another thread for legalization of same-sex marriage, and in it one can post in far more detail -- more than is welcome here.

I will apply another color to any state whose SSM ban ends because of a general ruling.     

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

I would do different colors for missouri and kansas, because they have only partial legalization.

In Missouri, unions are recognized statewide, but licenses are issued in only 3 counties. In Kansas, licenses are issued in only ~35/105 counties, and are not fully recognized by state government.

[pbrower2a]

FLORIDA -- Scheduled for January 5, 2015 in accordance with the US Supreme Court denying a continuation of stay of an appeal beyond its scheduled expiration. I may be getting ahead of myself here, as at this point we have almost a three-week wait. But it is practically over, as there is no appeal beyond the Supreme Court.  Judicial activity and bureaucratic change move slowly around the Holidays. The only alternative is that Florida officials will allow SSM even earlier, as Illinois officials did.

Am I rushing? I think not, as populous as Florida is.

States with full legalization of SSM as of 1 May, 2014 (white)
States getting full legalization of SSM in October 2014
States getting full legalization of SSM in November 2014
States projected to get full legalization of SSM in January 2015
Method of legalization of SSM:  

Method of legalization of SSM

resulting from a state court decision invalidating an SSM ban
resulting from state legislation
resulting from the decision of the DC Council
resulting from a statewide initiative or referendum
resulting from a decision by the US Supreme Court
resulting from a decision by a federal court subsidiary to the US Supreme Court

Barring the complete legalization of SSM in all states in which it is still banned, most likely through a Supreme Court decision applicable to all states, I will not update this map until the end of the month. There's another thread for legalization of same-sex marriage, and in it one can post in far more detail -- more than is welcome here.

I will apply another color to any state whose SSM ban ends because of a general ruling.

[pbrower2a]

Florida is final.

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(One of the basic lessons in Civics that we need be reminded of if we have forgotten).

Some other dominoes could fall soon:

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http://www.huffingtonpost.com/matt-baume/florida-marriage-equality_b_6415530.html?utm_hp_ref=gay-voices

[pbrower2a]

Some other dominoes could fall soon:

You must be logged in to read this quote.

http://www.huffingtonpost.com/matt-baume/florida-marriage-equality_b_6415530.html?utm_hp_ref=gay-voices
[/quote]

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Higginbotham was widely viewed as the swing vote going into Friday’s hearing, with Graves expected to be firmly in the marriage equality camp, and Judge Jerry Smith, another Reagan appointee, to be solidly opposed. Smith largely fulfilled that role, repeatedly bringing arguments back to Baker v. Nelson, a 1972 case that determined laws limiting marriage to opposite-sex couples to be constitutional.[/quote]

http://www.msnbc.com/msnbc/5th-circuit-looks-poised-strike-down-same-sex-marriage-bans

[pbrower2a]

A Supreme Court ruling holds that the comparatively few same-sex marriages performed in good faith in Michigan during the short span in which SSM was legal are valid, contrary to the wish of the state's Attorney General.