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)