State of the (GAY) Union

State of the (GAY) Union SAME-SEX MARRIAGE IN THE U.S. IN 2013* 2013 saw seven states legalize same-sex marriage, with IIlinois' law set to take effect in 2014, making it the 16th state to do so. California witnessed the reversal of a constitutional ban on gay marriage through a series of judicial declarations and appeals that went all the way to the U.S. Supreme Court. The Supreme Court also found Section 3 of the Defense of Marriage Act to be unconstitutional, allowing legally married gay couples to receive federal marriage benefits for the first time. CONSTITUTIONAL BANS vs LEGALIZATIONS 30 25 20 15 10 <« '98 '99 '00 '01 "02 '03 '04 '05 '06 '07 "08 '09 10 11 '12 (13 YEAR PROP In 2008, the 20 Supreme Court of California legalized IL HI same-sex 15E NJ MN marriage. That same year, the voters banned gay marriage through a constitutional amendment called Propostion 8. This ban wasn't reversed until 2013, DE 10 through a ruling by the U.S. Supreme Court. APR MAR FEB JAN 2012 MAY HOW STATES HAVE - LEGALIZED – GAY MARRIAGE IN 2013 7 5 COURT АCTION POPULAR LEGISLATION VOTE DID YOU KNOW? In 2004, a ruling by the Massachusetts Supreme Judicial Court led to Massachusetts becoming the very first state to legalize gay marriage. Washington D.C. legalized same-sex marriage in 2010 through legislation by Only three states have legalized gay marriage through a ballot initiative, on popular vote. They are Maine, Maryland (in 2013) and Washington. their council and became the first jurisdiction below the Mason-Dixon Line to do so. PUBLIC OPINION - IN 2013 - 8 "Would you support or oppose a law in your state that would allow same-sex couples to get married?" 56 Quinnipiac University National Poll. October 4, 2013 36 A recent study has found that opposition to gay marriage may be underrepresented by as much as 7 percentage points in public opinion polls due to a phenomenon called social desirability bias. 55 "Do you support or oppose allowing same-sex couples to get married?" 36 Bloomberg National Poll. September 20-23, 2013 60 50 40 30 "04 "05 '06 "07 "08 "09 '10 '11 '12 '13 Do you think same-sex marriage should or should not be rec- ognized by the law as valid? ? - DOMA - DOMA An Act To define and protect the institution of marriage. Enacted in 1996 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Section 3 barred gay married couples from recieving all federal benefits that included: joint tax returns, social security benefits, immigration, and government employee insurance benefits. SECTION I. SHORT TITLE. This Act may be cited as the "Defense of Marriage Act". SECTION II. POWERS RESERVED TO THE STATES. "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.". In 2011, the Obama Administration announced it would no longer defend DOMA in court. On June 26th 2013, in a 5-4 decision, the US Supreme Court ruled in United States v. Windsor, that Section 3 of DOMA was unconstitutional. SECTION II. DEFINITION OF MARRIAGE. "In determining the-meaning of any-Act-of Congress, or of any- Fuling, regulation, OF interpretation of the various administrative- bureaus and agencies of the United States, the word marriage'means- enly a legal unien between one man and one weman ashusband and wife, and the werd'spouse'refersenly to a person ef the oppesite sex-whe is a hushand or a wife.". "DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment." - UNITED STATES v. WINDSOR As a result of the Supreme Court's ruling, legally married same-sex couples can now receive the same federal benefits that legally married opposite-sex couples enjoy. FACTS - & - THE FUTURE 8 Native American tribes have approved gay marriage since 2009. They are the Coquille Tribe, the Suquamish Tribe, the Little Traverse Bay Bands of Odawa Indians, the Pokagon Band of Potawatomi Indians, the Santa Ysabel Tribe, the Colville Tribal Council, the Cheyenne and Arapaho Tribes, and the Leech Lake Tribal Court. 6. TRIBES IN 2013 On November 20, 2013, the governor of Illinois signed a bill into law legalizing same-sex marriage. Effective June 1, 2014, marriage licenses will be available to gay couples and after a mandatory one-day waiting period, gay marriages will start. * JUNE 1 2014 New Mexico is the only state that has no law regard- ing gay marriage, neither barring or legalizing it. As of 2013, 8 of New Mexico's 33 counties make (or plan to) marriage licenses available to same-sex couples. 833 COUNTIES LEGALIZED BANNED *All dates related to same-sex marriage leg reflect when the law takes effect. Ilinois' law does not take effect until 2014, which is why it has been I from the 2013 statistics unless otherwise noted. 1. SOURCE: http://apr.sagepub.com/content/41/6/1052 2. SOURCE: http://www.gallup.com/poll/163730/back-law-legalize-gay-marriage-states.aspx 3. SOURCE: http://www.freedomtomarry.org/communities/entry/cinative-americans 4. SOURCE: http://www.chicagotribune.com/news/localict-met-gay-marriage-qa-20131106,0,1827048,full.story 5. SOURCE: http://nation.time.com/2013/11/10/these-are-the-next-gay-mariage-battlegrounds/ ADDITIONAL SOURCES: http://gaymarriage.procon.org, http://www.gpo.gov, http://www.pollingreport.com johnweflen.com # of STATES