Main | Tuesday, August 24, 2010

Ten Key Moments In Marriage Equality

The National Law Journal has published its top ten key moments in the fight for marriage equality. Here are three excerpts.

1972
The U.S. Supreme Court dismisses Baker v. Nelson, an appeal of a Minnesota Supreme Court ruling that found limiting marriage to opposite-sex couples did not violate the state constitution. The Court finds the case does not ask a substantial federal question, and some argue that dismissal set a binding precedent that could influence the Court's eventual consideration of Proposition 8.

1993
The Hawaii Supreme Court rules in Baehr v. Miike, finding that laws denying same-sex couples the right to marry violated state constitutional equal protection rights unless the state could show a "compelling reason" for such discrimination and sending the case back to trial court. The ruling was later credited with sparking a backlash in the form of laws and constitutional amendments defining marriage as the union of a man and a woman. Hawaiian voters later passed a referendum giving the legislature jurisdiction over marriage, bypassing state courts.

2010
In two separate cases, a federal judge in Boston rules July 8 that the federal Defense of Marriage Act violated the Constitution by denying federal benefits to married gay men and lesbians and by forcing Massachusetts to discriminate in order to obtain federal funds. Meanwhile, in California on Aug. 4, U.S. District Court Judge Vaughn Walker rules that Proposition 8 violated gays' and lesbians' due process rights. The decision is currently on appeal before the U.S. Court of Appeals for the 9th Circuit.

Read the entire list.

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