Same-Sex Marriage Becomes ‘the Norm’ in American States

The expansion of marriage rights has made great progress in 2014. In total 18 states expanded marriage rights to same-sex couples, entirely through the courts system.

The first of these cracks opened up in December 2013 when, to everyone’s surprise, a federal judge in Utah ruled that the state’s same-sex marriage ban was unconstitutional. Although it was stayed pending appeal, it set the state for what 2014 would become: a battle in the courts for gay rights.

14^th January – Oklahoma ban ruled unconstitutional

23^rd January – Virginia Attorney general stated that he would not defend the state’s ban

10^th February – Nevada Attorney General stated that she would not defend the state’s ban

12^th February – Kentucky told to recognise same-sex marriages performed in other jurisdictions

13^th February – Virginia ban ruled unconstitutional

25^th February – Texas ban ruled unconstitutional

21^st March – Michigan ban ruled unconstitutional

9^th May – Arkansas ban ruled unconstitutional

13^th May – Idaho ban ruled unconstitutional

19^th May – Oregon ban ruled unconstitutional, state did not appeal ruling legalising same-sex marriage immediately in that state

20^th May – Pennsylvania ban ruled unconstitutional, state did not appeal ruling legalising same-sex marriage immediately in that state

6^th June – Wisconsin ban ruled unconstitutional

25^th June – Tenth Circuit Court rules that Utah’s ban is unconstitutional, Utah appeals to the Supreme Court

25^th June – Indiana ban ruled unconstitutional

1^st July – Kentucky ban ruled unconstitutional

9^th July – Colorado state judge rules that the state’s ban is unconstitutional

21^st July – Florida ban ruled unconstitutional, stayed until the 5^th of January

28^th July – Fourth Circuit Court affirms Virginia’s ban as unconstitutional

3^rd September – Louisiana’s ban ruled constitutional, the first set-back thanks to a court for same-sex marriage rights in 2014

4^th September – Seventh Circuit Court affirms that Indiana and Wisconsin bans are unconstitutional

6^th October – The Supreme Court declines to hear appeals in Utah, Oklahoma, Indiana, Wisconsin and Virginia

The Supreme Court’s decision on the 6^th of October was huge, by refusing to hear the appeals it effectively upheld the lower courts’ rulings and meant that same-sex marriage was now legal in those five states. This meant that for the first time in American history a majority of Americans lived in states with legal same-sex marriage! Yet the ruling would not only affect those five states, any states without same-sex marriage who were under the jurisdiction of 4^th and 10^th Circuit Courts (there were none left without same-sex marriage under the 7^th Circuit Court) were at risk of losing their bans. Over the next couple of months the six states this applied to (Colorado, Kansas and Wyoming for the 10^th and North Carolina, South Carolina and West Virginia for the 4^th) all had their bans overturned, whether by court action or instruction of the state government.

7^th October – Ninth Circuit Court rules that Idaho and Nevada bans are unconstitutional*

7^th October – Colorado Attorney General asks 10^th Circuit Court and the state Supreme Court to dismiss his appeals on earlier rulings, they comply immediately

8^th October – Some counties in Kansas and South Carolina issue same-sex marriage licenses

10^th October – North Carolina ban ruled unconstitutional, judge citing the 4^th Circuit’s precedence

12^th October – Alaska ban ruled unconstitutional

17^th October – Arizona ban ruled unconstitutional

17^th October – Wyoming ban ruled unconstitutional (stay lifted on the 21^st of October)

4^th November – Kansas ban ruled unconstitutional (stay lifted on the 12^th of November)

5^th November – State judge ruling in Missouri results in St. Louis issuing same-sex marriage licenses

6^th November – Sixth Circuit Court upholds same-sex marriage as constitutional

7^th November – Missouri ban ruled unconstitutional, Jackson County (Missouri’s second largest) begins to issue same-sex marriage licenses

12^th November – South Carolina ban ruled unconstitutional (stayed until 20^th of November)

19^th November – Montana ban ruled unconstitutional

25^th November – Mississippi ban ruled unconstitutional

19^th December – Supreme Court declines to hear Florida’s appeal, marriages will begin on the 6^th of January

The 6^th Circuit Court’s ruling on the 6^th of November is especially important as it was the only circuit court to rule against same-sex marriage. This created a circuit split, which means that the Supreme Court has no choice but to rule on the constitutionality of same-sex marriage. This is why I believe that same-sex marriage will become legal in all 50 states by the end of 2015.