In a landmark decision this morning, the Supreme Court of the United States ruled that states cannot ban same-sex marriage. The ruling establishes a new civil right in a long and hard-fought battle for the gay rights movement and makes the United States the 21^st country to legalize same-sex marriage.

Supporters of same-sex marriage celebrate outside of the Supreme Court of the United States in Washington, D.C., on June 26, 2015, after the court ruled that states cannot ban same-sex marriage. © Jacquelyn Martin, AP Photo

Justice Anthony Kennedy wrote the majority opinion in the 5 to 4 decision. “[The hope of same-sex couples] is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions,” he wrote. “They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

Chief Justice John Roberts, however, wrote that the decision had nothing to do with the Constitution. “If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal,” he wrote. “Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.”

Speaking at the White House later this morning, President Barack Obama said “America should be very proud” because “small acts of courage” … “slowly made an entire country realize that love is love.”

Today’s decision came nearly 46 years to the day after a riot at New York City’s Stonewall Inn ushered in the modern gay rights movement. In 2004, Massachusetts became the first state to legalize same-sex marriage. In October 2014, the Supreme Court justices refused to hear appeals from rulings allowing same-sex marriage in five states. That non-decision delivered a tacit victory for gay rights, immediately expanding the number of states allowing same-sex marriage to 24, along with the District of Columbia. By 2015, more than half of all American states had legalized same-sex marriage.

Additional World Book articles:

• Defense of Marriage Act (DOMA)
• Civil rights (2010-a Back in Time article)
• Civil rights (2012-a Back in Time article)
• Civil rights (2014-a Back in Time article)
• Supreme Court of the United States (2013-a Back in Time article)
• Supreme Court of the United States (2014-a Back in Time article)

December 20, 2013

New Mexico’s Supreme Court yesterday declared same-sex marriage legal in that state. The court ruled that it is unconstitutional to deny a marriage license to same-sex couples: “Barring individuals from marrying and depriving them of the rights, protections and responsibilities of civil marriage solely because of their sexual orientation violates the Equal Protection Clause under Article II, Section 18 of the New Mexico Constitution,” wrote Justice Edward Chavez in the unanimous decision.

Prior to the ruling, county clerks in eight New Mexico counties had issued marriage licenses to hundreds of same-sex couples. The ruling specified that that the state must respect the marriages of all same-sex couples, including those who wed before the court’s decision. New Mexico is the 17th state to legalize same-sex marriage. Same-sex couples can also wed in the District of Columbia.

On June 26, the U.S. Supreme Court ruled on a highly anticipated case affecting same-sex couples. In a 5-to-4 vote, the court declared that the federal Defense of Marriage Act (DOMA)–which defined marriage as a union between one man and one woman–was unconstitutional. Passed by Congress in 1996,  DOMA barred federal recognition of same-sex marriages for such purposes as Social Security survivors’ benefits, insurance benefits, immigration, and the filing of joint tax returns. The Supreme Court declared the law unconstitutional because it denied same-sex couples the “equal liberty” guaranteed by the Fifth Amendment. The court’s ruling meant that same-sex couples that marry in the states where gay marriage is legal are entitled to the same federal benefits as married opposite-sex couples. However, the Supreme Court’s ruling did not have broader implications for the legality of same-sex marriages nationwide and did not affect the laws and amendments banning same-sex marriage in more than 30 U.S. states.

Two men exchange vows in Connecticut, one of the first states to legalize same-sex marriage. (© Chip East, Reuters/Landov)

On Aug. 14, 2013, the Department of Defense responded to the court’s DOMA decision with the announcement that it would extend spousal and family benefits to same-sex spouses of uniformed service members and to Department of Defense civilian employees. The Department of Defense declared that it remained committed to ensuring that all men and women who serve in the U.S. military, and their families, are treated fairly and equally as the law directs.

Defense Secretary Chuck Hagel announced on December 13 that all state national guards were now in compliance with the Defense Department’s directive to provide benefits to same-sex spouses. Texas and several other states had initially refused to comply.

Additional World Book articles:

• Civil unions
• Civil rights 2010 (a Back in Time article)
• Civil rights 2012 (a Back in Time article)

June 26, 2013

The U.S. Supreme Court issued rulings today on two highly anticipated cases affecting same-sex couples. In a 5-to-4 vote, the court declared the federal Defense of Marriage Act (DOMA) unconstitutional. DOMA defined marriage as a union between one man and one woman. However, in a separate ruling, the court skirted the broader issue of gay marriage by ruling that it did not have standing to void Proposition 8. Prop 8 was a 2008 California ballot measure that outlawed same-sex marriages in that state.

Legal experts note that the court’s decision on Prop 8 leaves in place a lower court’s strike-down of the ban. Thus, same-sex marriages may resume in California. However, the Supreme Court’s ruling does not have broader implications on the legality of same-sex marriages nationwide and does not affect the laws and amendments banning same-sex marriage in more than 30 U.S. states. The majority opinion was written by Chief Justice John Roberts.

The Supreme Court Building in Washington, D.C. (© Joe Sohm, Photo Researchers)

The DOMA case is less complicated. Passed by Congress in 1996,  DOMA barred federal recognition of same-sex marriages for such purposes as Social Security survivors’ benefits, insurance benefits, immigration, and the filing of joint tax returns. The Supreme Court declared the law unconstitutional on the grounds that it denies same-sex couples the “equal liberty” guaranteed by the Fifth Amendment. The court’s ruling means that same-sex couples who marry in the 12 states and District of Columbia where gay marriage is legal are entitled to the same federal benefits as married opposite-sex couples. The majority opinion was written by Justice Anthony Kennedy. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissented.

Additional World Book articles:

• Civil union
• Gay rights movement
• Courts 2009 (a Back in Time article)
• Courts 2010 (a Back in Time article)
• Courts 2011 (a Back in Time article)
• Courts 2012 (a Back in Time article)