Which states are best equipped to help their gay and lesbian couples?
Posted On July 29, 2021
The first legal marriage of the new century was celebrated in Washington, D.C., on January 6.
But many states have yet to legalize same-sex marriage.
In the coming months, however, there are several states that could be poised to be among the first to allow gay and lesbians to marry.
Read MoreCalifornia’s Proposition 8 passed in 2008 and was approved by the state legislature in 2011, which led to a ban on same-locker-room laws.
California has a constitution that protects the freedom of speech and the right to vote, but the Supreme Court has ruled in recent years that bans on same sex marriage violate the constitution.
The justices are expected to rule soon whether California’s ban on gay marriage violates the U.S. Constitution.
New York Gov.
Andrew Cuomo is expected to sign a bill that would allow gay couples to marry in the state on January 26.
Oregon’s governor, Kate Brown, signed into law a bill on December 29 that will allow same-gender couples to register for the ballot in 2018, but lawmakers there are also looking into how to allow same sex couples to receive marriage licenses.
Oregon is among the few states where same- sex marriage is legal and allows same- and opposite-sex couples to jointly adopt children.
California is also one of a handful of states where gay marriage is now legal.
The Oregon Supreme Court ruled in 2013 that a state constitutional amendment banning gay marriage was unconstitutional.
Washington, D,C., has already legalized same- or opposite-gender marriage and the District of Columbia, with its own constitutional amendment, is expected in the next few months to do the same.
A ruling by the U of C. could have far-reaching implications for all 50 states, and will likely come down on a case by case basis, said Adam Posen, a law professor at American University.
“The decision could have major implications for the federal marriage laws in states like California,” Posen said.
“The federal marriage law in California is currently being challenged by the federal government.
It’s hard to imagine the federal district courts in those states overturning the decision.
In California, if a gay couple can get married, they are in a position to have their marriage recognized by the D.O.C. The D.T.C.’s ruling would have a major impact on that situation.”