GAY AND LESBIAN FAMILIES

Defending the Constitution

Defending Marriage in the States  

California:  On May 15, 2008 California became the second state to enact marriage equality, after the Supreme Court of California, of which 6 out of 7 justices are Republican appointees. Opponents, with an effort financed largely by out-of-state donors, placed an initiative, Proposition 8, on the ballot hoping to overturn the Court’s decision rejecting the state’s new marriage equality law. Despite vocal opposition, Proposition 8 barely passed, prompting many organizations including the Log Cabin Republicans to challenge the new law’s violation of Californians' fundamental rights. The Supreme Court of California rejected the appeal on May 26, 2009, eliminating marriage equality from California’s laws. The Court did grant recognition of marriages performed in the interval in which it was legal, which was a key tenet of the amicus briefs. However, a trial date for the federal challenge against Proposition 8, led by prominent attorneys Theodore B. Olson and David Boies, has been set for January 11, 2010.

Connecticut: Civil unions were legalized in 2005 and subsequently declared unconstitutional in 2008 under Kerrigan v. Commissioner of Public Health. On April 22, 2009, with the support of Republican Governor Jodi Rell, a bipartisan majority in the Connecticut state legislature passed the Marriage Codification Bill which reinforced the Supreme Court ruling enacting full legal benefits for all married couples regardless of sexual orientation and further stated that all existing civil unions would be transformed into marriages on October 1, 2010.

Iowa: In April of 2009, the Iowa Supreme Court, in a decision led by Marsha K. Ternus, an appointee of Republican Governor Terry E. Branstad, unanimously ruled in favor of marriage equality in response to the case of Varnum v. Brien, and same-sex marriages have been performed in the state since April 27th.

Maine: On May 6, 2009, the Maine state legislature voted to enact marriage equality; however, the effective date has been postponed due to the referendum that will be on Maine's statewide ballot in November 2009, which ultimately may threaten marriage equality in the state. 

Massachusetts: As of May 17, 2004, Massachusetts became the first state in the U.S. and the sixth jurisdiction in the world to legalize gay marriage, after a Supreme Court ruling in November 2003 on Goodridge v. Department of Public Health in favor of marriage equality.

New Hampshire: On June 3, 2009, Governor John Lynch signed legislation that enacted marriage equality and recognized out-of-state civil unions as marriages. The law will take effect January 1, 2010.

New Jersey: On September 14th, 2009, Governor Jon Corzine announced that he planned to enact marriage equality this year, whether or not he is reelected in November.

New York: On May 14, 2008, Governor David Paterson issued a directive recognizing same-sex marriages from other states, as well as from Canada. In 2009, the state Assembly, with an overwhelming  bipartisan majority passed a marriage equality law, and the state Senate is currently considering the legislation, with the support of President Pro-Tempore Pedro Espada.

Vermont: On April 7, 2009, Republicans in the State House of Representatives, led by Leader Patti Komline, played a critical role in securing enough votes to override Governor Jim Douglas's veto, ensuring the first legislatively enacted marriage equality law in the United States, effective September 1, 2009.

Washington, D.C.: On April 7, 2009, the Council of the District of Columbia voted to recognize same-sex marriages performed in other jurisdictions. Since Congress has refused to intervene, no legislation has been enacted to repeal the ban on same-sex marriages in the nation's capital. However, the District's campaign for marriage equality has gained broad based support amongst leaders in religious and faith based communities.

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