Poll: When Do You Think Same-Sex Marriage Will Be Recognized In All 50 States?
In May 2004 the first same-sex marriages in the United States began in Massachusetts, the result of a court ruling. That year many states, including Missouri, passed constitutional bans against recognizing same-sex marriages. Other states approved same-sex marriage.
A year ago the Supreme Court determined part of the federal Defense of Marriage Act (DOMA) was unconstitutional. Since then states like Illinois & Hawaii has approved same-sex marriage through their legislatures while courts have found more than a dozen state bans are unconstitutional, including Wisconsin on Friday.
U.S. District Judge Barbara Crabb struck down the ban, making Wisconsin the 27th state where same-sex couples can marry under law or where a judge has ruled they ought to be allowed to wed.
Every remaining state ban is now challenged in court.
Same-sex marriages in Illinois were to begin on June 1st but a court ruled in February there was no reason to wait. Some counties like Cook (Chicago) and St. Clair County have been issuing licenses since then. However, St. Clair County wasn’t issuing licenses to out of state couples that live in states with a ban. But on Wednesday of last week St. Clair County State’s Attorney Brendan Kelly determined they could issue licenses to couples from Missouri and other states, as Cook County had been doing.
The poll question this week asks when you think same-sex marriage will be recognized in all 50 states. The poll is in the right sidebar.
— Steve Patterson
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All of the district court rulings have yet to be ruled upon by an Appeals court — that will likely take place in 2015. Following that, it will be heard by the Supreme Court likely in the 2015-16 session. There is an outside chance it will be heard late in the 2014-15 session,
The decision likely mirror the 5-4 vote in Windsor v. US. The only reason that the Supreme Court did not strike down Section 2 of DOMA (allowing states to decide if they recognize same-sex marriage) was that the case did not deal with state recognition of same-sex marriage.. only federal recognition.
I agree, though I don’t see an appeals court overturning a ruling on the bans. It’ll be interesting to see which cases make it to the SCOTUS.
My money is on 2016.
I don’t see an appeals court overturning the ruling.. but the losing party can still appeal to the SCOTUS.
Yes, but which, if any, will go that far?
Some courts have refused to let the National Organization for Marriage (NOM) defend state bans when that state attorney general has refused to do so due to lack of standing.
Recent article on NOM: http://www.slate.com/blogs/outward/2014/06/06/the_national_organization_for_marriage_is_doomed_to_collapse.html
Pick any bright red state and they will appeal to the SCOTUS – Utah, Texas, Idaho, Oklahoma, Indiana…. those states all have cases at a Court of Appeals currently.
There is going to be someone — whether it be a governor, attorney general or county clerk who will want to continue to fight until there is a final judgement.
Thoughts on this: http://www.stltoday.com/news/local/metro/old-illinois-law-complicates-same-sex-marriages-for-some-out/article_b03e3dcc-d4e1-5eaf-82ed-3b58ae618f62.html
I contacted the ACLU after St. Clair County officials told me a couple of months ago they wouldn’t be able to issue us a license because we live in Missouri. Finally on Wednesday, the St. Clair County State’s Attorney informed the St. Clair County Clerk Thomas Holbrook it would be ok to issue licenses with the affidavit mentioned in the article. Marriage equality in Illinois is different depending upon the county, the legislature will need to tighten up the language.