Marriage Equality: Why it Matters, How We Won, and the Road Ahead

Kim Davis’ Case Filing: Here are the Facts

At GLAD Law, we recognize the feelings of unease that arise as a result of Kim Davis’ case filing asking the Supreme Court to reconsider Obergefell v. Hodges. There is however good reason for the Supreme Court to deny review in this case given the extremely narrow scope of Davis’ claim.

Kim Davis’ case is extremely narrow, and her arguments have already been rejected by the Sixth Circuit Court of Appeals more than once. This matter arose because ten years ago as a county government official, she instructed her entire office to deny same-sex couples marriage licenses rather than follow the law as her job required. The lower courts ultimately granted emotional distress damages to a couple who were repeatedly denied a license. Davis’ legal team is attempting to shoehorn an opportunity to relitigate Obergefell into the very narrow legal question of whether that couple was entitled to those damages. Earlier this year, the Sixth Circuit Court of Appeals ruled against her on the same claims, and then the whole court denied her petition to rehear her case. People from all walks of life and across the political spectrum support or have a live-and-let-live approach to marriage equality and want to focus on other issues. There’s good reason for the Supreme Court to deny review in this case rather than unsettle something so positive for couples, children, families, and the larger society as marriage equality

Mary Bonauto, GLAD Law’s Senior Director of Civil Rights and Legal Strategies, one of the lawyers who argued in Obergefell

Marriage provides profound protection for couples and their families. It allows them to plan a life together, including, if they choose, raising children. This year marked ten years of nationwide marriage equality. The win in Obergefell was neither the beginning nor the end of the story. GLAD Law, will continue to fight to protect marriage equality for all families.  

For more information about security for your family, visit our guides:  

Ten Years of Nationwide Marriage Equality

In 2015, GLAD Law presented oral arguments for—and won—the freedom to marry for LGBTQ+ people nationwide, in the landmark Supreme Court ruling Obergefell v. Hodges. 

It was a historic victory, and marriage equality has benefited LGBTQ+ people, families, and their children, as well as entire communities across the country. More people have legal rights from marriage that they didn’t have before – inheritance, jointly filed taxes, family health insurance. Marriage equality has allowed couples to plan their lives, buy homes together, build businesses, and so much more. Twenty+ years out from the first marriages in Massachusetts, and 10 years after Obergefell, marriage equality has improved economic stability and health for couples, families, and children.

And Obergefell was neither the beginning nor the end of the story.

Read blog posts about the ongoing fight for marriage equality:

• Why Did Marriage Become a Legal Fight?
• Why Marriage Equality Matters
• 10 Years After Obergefell, Our Work Continues

Highlights of GLAD Law’s Key Work on Marriage Equality

Click each case below for more information.

Hawaii: Baehr v. Lewin, 1993

The Hawai’i Supreme Court reinstates a case of three same-sex couples who challenged the denial of marriage licenses to them. The Court rules that the denial is sex discrimination and requires the state to justify its exclusion of same-sex couples. The lower court rules that child wellbeing does not justify the discrimination, and later Hawai’i amends its Constitution to allow only the Legislature to define marriage, blocking the court case from going further. In 2013, however, the legislature votes to allow same-sex couples to marry. GLAD Law filed a brief in the Hawaii case and, seeing the opportunities that first court win presented galvanized our work for marriage equality in New England.

Vermont: Baker v. State of Vermont, 1999

In a first, the Vermont Supreme Court holds that same-sex couples are entitled to the same protections and responsibilities of marriage as are accorded other couples under equality (“common benefits”) guarantees of the State Constitution. GLAD Law was co-counsel in the case. 

In 2000, Vermont Legislature enacts the nation’s first “civil union” law – a status parallel to marriage at the state law level.  

Massachusetts: Goodridge v. Department of Public Health, 2003

The Supreme Judicial Court of Massachusetts breaks the historical barrier and holds that the state constitution’s guarantees of liberty and equality require Massachusetts to allow same-sex couples to marry, in GLAD Law’s case Goodridge v. MA Department of Public Health. Marriages begin in 2004.   

Connecticut: Kerrigan & Mock v. Department of Public Health, 2008

Connecticut becomes the second state to secure lasting marriage equality through a state supreme court ruling, in GLAD Law’s case Kerrigan & Mock v. Department of Public Health. The Court ruled that the state’s civil union law, while providing some legal protections, did not offer the same status and significance as marriage, thus discriminating against gay and lesbian couples in violation of the State Equal Protection Clause.   

Securing Marriage Equality Through State Legislatures and Ballots

• 2009: The Vermont legislature passes the first marriage equality state law and overrides the Governor’s veto. The New Hampshire’ legislature passes a marriage equality law that same year. 
• 2012: Maine becomes the first state to approve of marriage for same-sex couples at the ballot, reversing a 2009 ballot loss, and becoming the first state to “change its mind.” 
• 2013: Rhode Island’s marriage equality law goes into effect, completing GLAD Law’s campaign to win marriage in all New England states. 

First Challenges to the Federal “Defense of Marriage Act” (DOMA)

2009-2010: GLAD Law files Gill v. Office of Personnel Management

GLAD Law files Gill et al. v. Office of Personnel Management – the first federal court challenge to DOMA – in Boston, initially with 19 plaintiffs from Massachusetts facing discrimination in taxation, federal employee benefits, Social Security and other survivor benefits, and passport issuance. In a first, the federal court rules on Equal Protection grounds, finding nothing about these benefits that justifies the government treating married same-sex couples differently.

May 2012: GLAD Law secures the first win in a U.S. Court of Appeals agreeing with the invalidation of the DOMA in Gill v. OPM

GLAD Law also filed a second DOMA challenge in Connecticut federal court, Pedersen et al. v. Office of Personnel Management, on behalf of plaintiffs from Connecticut, Vermont, and New Hampshire. The equal protection ruling there also invalidated DOMA in the context of other aspects of federal taxation, public employee retiree health insurance benefits, survivorship provisions under pensions, and access to Family & Medical Leave.    

2013: Overturning DOMA at the Supreme Court: Windsor v. U.S.  

In 2013, Edith Windsor’s legal team requests GLAD Law’s assistance to coordinate friend-of-the-court (amici) briefing for U.S. v. Windsor, the Supreme Court case invalidating DOMA. 

Winning Marriage Equality Nationwide: The Timeline of Obergefell v. Hodges 

• October 2013: GLAD Law joins the team of Michigan attorneys who represent April DeBoer and Jayne Rowse, plaintiffs in the Michigan marriage case. 
• January 2015: The United States Supreme Court grants review of the petitions from the many couples, parents, and a surviving spouse from the States of Michigan, Ohio, Tennessee and Kentucky whose lower federal court wins were overturned by the 6th Circuit Court of Appeals. 
• April 28, 2015: GLAD Law presents oral arguments on Question 1: whether the Constitution requires allowing same sex couples to marry. Douglas Hallward-Driemeier presents on whether the Constitution requires states to recognize and give effect to marriages validly celebrated in other states. GLAD Law, National Center for LGBTQ Rights (NCLR), Lambda Legal, and the ACLU all have cases consolidated into Obergefell and file briefing in the Supreme Court.  
• June 26, 2015: The Supreme Court decides YES to both questions: the right to marry nationwide on the same terms and conditions as others, and the right to recognition and respect of a marriage validly licensed and certified in another state. 

Share Your Story: Why Marriage Equality Matters

Marriage equality touches and benefits entire communities across the country. One way we can protect equality is through conversations about why marriage matters to us and to others. 

Whether you are married, have LGBTQ+ parents, or are a sibling, parent, grandparent, family member, friend, co-worker, or neighbor – we’d love to hear from you. Share your story with us today!

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Be a part of the continued effort toward true equality for the LGBTQ+ community and get involved or make a donation to support GLAD Law’s work toward protecting LGBTQ+ marriage equality and parental rights in the US.