A Breakthrough Year for Same-Sex Marriage:
In 2013, the Supreme Court and several states weigh in on same-sex marriage.
With more states legalizing same-sex marriage and two key Supreme Court rulings, 2013 was a breakthrough year for gay marriage in the United States. While other countries like Franceand Russiafaced fierce protests over gay marriage laws in 2013, a shift in public opinion happened in the United States. According to a July 2013 Gallup Poll, 52% of Americans would support a law that would legalize same-sex marriage in all 50 states. ABC News had similar results with their poll when 55% of Americans said they support same-sex couples' right to tie the knot. A 2013 Quinnipiac University poll found that 54% of American Catholics supported same-sex marriage.
Even the newly crowned Pope Francisspoke up for the LGBT community in 2013. In a September interview published in international Jesuit journals, he said, "A person once asked me, in a provocative manner, if I approved of homosexuality. I replied with another question: 'Tell me: When God looks at a gay person, does he endorse the existence of this person with love, or reject and condemn this person?' We must always consider the person."
Policy Shift for Republicans
On February 27, 2013, several Republicans backed a legal brief asking the Supreme Court to rule that same-sex marriage was a constitutional right. It was a policy shift for many party members. More than 100 Republicans were listed on the brief, including former New HampshireCongressman Charles Bass and Beth Myers, a key adviser to Mitt Romneyduring his 2012 presidential campaign.
The brief was filed as the U.S. Supreme Court prepared to consider overturning Proposition 8, the Californiainitiative banning same-sex marriage, as well as overturning the Defense of Marriage Act, a federal law passed during Bill Clinton's presidency, which defined marriage as between a man and a woman. On March 26, 2013, the Supreme Court began two days of historical debate over gay marriage. Their decision would be announced in June 2013.
The Supreme Court Weighs In
On June 26, 2013, the Supreme Court ruled that the 1996 Defense of Marriage Act (DOMA) was unconstitutional. In a 5 to 4 vote, the court ruled that DOMA violated the rights of gays and lesbians. The court also ruled that the law interfered with the states' rights to define marriage. It was the first case ever on the issue of gay marriage for the Supreme Court. Chief Justice John G. Roberts, Jr. voted against striking it down as did Antonin Scalia, Samuel Alito and Clarence Thomas. However, conservative-leaning Justice Anthony M. Kennedy voted with his liberal colleagues to overturn DOMA.
On the same day, the Supreme Court ruled that same-sex marriage opponents in California did not have standing to appeal the lower court ruling that overturned the state's ban, known as Proposition 8. This ruling would most likely remove legal battles for same-sex couples wishing to marry in California. However, the ruling did not directly affect other states.
More States Begin Issuing Same-Sex Marriage Licenses
During May 2013, Rhode Island, Delawareand Minnesotalegalized Same-Sex Marriage. On May 2, after same-sex marriage legislation passed in both houses of Rhode Island's legislature, Governor Lincoln Chafee signed the new law. Less than a week later, Governor Jack Markell signed the Civil Marriage Equality and Religious Freedom act, legalizing same-sex marriage for the state of Delaware. On May 13, 2013, in Minnesota, the State Senate voted 37 to 30 in favor of legalizing same-sex marriage, a week after the House voted in favor of the new law. Governor Mark Dayton, a supporter of same-sex marriage, signed the bill the following afternoon.
In August 2013, Minnesota and Rhode Island began issuing marriage licenses to same-sex couples. To see a list of all the states that have legalized same-sex marriage, go here. With public opinion shifting and so many breakthroughs in 2013, other states seemed poised to join that list. For example, as the summer of 2013 ended, several counties in New Mexicobegan issuing marriage licenses to same-sex couples.