How did gay marriage become a constitutional right?
On June 26, 2015, gay marriage was legalized in all fifty states. To receive such a prestige ruling by the Supreme Court in the Obergefell v.s. Hodges case to create real change in the LGBT community for marriage, a worldwide attention had to be set on the implications those of homosexuality had dealt with. Many demonstrations targeted the government to bring change on the injustice of homosexuals and justify that anyone in the LGBT community should face the same rights as those of another sexuality.
A photo taken at a rally to legalize gay marriage in all 50 states. His button on his backpack states, "GAY MARRIAGE IS A CON (Constitutional) RIGHT!"
Organizations that led to the awareness of the conflicts Gay couples had faced
The Mattachine Society
Harry Hay began a secret underground homosexual organization in Los Angeles, known as The Mattachine society, which became very successful on helping homosexuals gain their rights.
Hay formed "The Mattachine Society," the first national gay rights organization. He fought for worker’s rights in the labor movement, then became an active member of the Communist Party.
Irish-American Gay, Lesbian, and Bisexual Group of Boston
In 1993, the South Boston Allied War Veterans Council organized the St. Patrick's Day Parade. The Council was determined not to allow the Irish-American Gay, Lesbian, and Bisexual Group of Boston (GLIB) to participate in the march. The GLIB asked to join, hoping to their express their pride of being of Irish heritage as openly gay, lesbian, and bisexual individuals.
The Massachusetts State Court determined that the Council had to include GLIB under a state law that prohibits prejudice behavior against a person due to their sexuality in a public environment. “They had dealt with the First Amendment issues of freedom of association and freedom of expression” (“Hurley V. Irish-American Gay, Lesbian & Bisexual Group”).
American Civil Liberties Union
In the ACLU's acts to ensure that lesbian, gay, bisexual, and transgender individuals can openly prosper with equal rights with the freedom of expression and association, they have brought worldwide attention to the LGBT community and the dysfunction of their marriage due to courts (“American Civil Liberties Union”).
"To advocate for individual rights ólitigating, to legislate, and to educate the public on a broad array of issues affecting individual freedom in the United States" (“American Civil Liberties Union”).
Civil cases that led to the constitutional gay marriage
Petty Officer V. Keith Meinhold v.s. Navy
Judge Hatter had Petty Officer V. Keith Meinhold reinstated, for he was previously released for announcing he was indeed, homosexual. Judge Hatter ruled that there was a violation of the Constitution’s guarantee for equivalent protection for all citizens due to the Navy’s actions.
Keith Meinhold was unafraid to allow his testimony to be heard. He had said, "When I was in the military they gave me a medal for killing two men and a discharge for loving one."
The 1996 Defense of Marriage Act
The Supreme Court started to strip away the country’s legacy of prejudice actions against same-sex couples when it eliminated a section of the 1996 Defense of Marriage Act. The 1996 Defense of Marriage Act, by President Clinton, stated that same-sex couples who were married and were recognized by the state would not receive the benefits that heterosexual couples would have.
Obergefell v.s. Hodges
An Ohio resident named Jim Obergefell wanted to be listed as the surviving spouse on his husband’s death certificate, which lead to the Obergefell v. Hodges case. In 2013, Obergefell married his spouse John Arthur, who was suffering from ALS, and passed away on October 2013. After the death of Arthur, Jim filed a lawsuit. Obergefell was joined by several dozen other gay plaintiffs from Kentucky, Michigan, Ohio and Tennessee who were fighting to be able to marry and to have their marriage recognized in every state in the country.
As a result, on June 26, 2015, gay marriage was legalized in all fifty states by the Supreme Court.
How did gay marriage become a constitutional right? Through the observance of human rights activists, public conflicts, and injustice of civil court cases, gay marriage became a constitutional right in all the fifty states.
Allis, Sam. Looking Back. 13 Apr. 2010. Boston. Accessed 27 Mar. 2017.
“American Civil Liberties Union.” World History: The Modern Era, ABC-CLIO, 2017, worldhistory.abc-clio.com/Search/Display/311700. Accessed 16 Mar. 2017.
Barnhill, John. “Christian Coalition.” World History: The Modern Era, ABC-CLIO, 2017, worldhistory.abc-clio.com/Search/Display/311803.Accessed 16 Mar. 2017.
Boyd, Nan Alamilla. “The History of the Idea of the Lesbian as a Kind of Person Nan Alamilla Boyd.” Feminist Studies, vol. 39, no. 2, 22 Mar. 2013, pp. 362+. LitFinder, go.galegroup.com/ps/retrieve.do?tabID=T001&resultListType=RESULT_LIST&searchResultsType=MultiTab&searchType=BasicSearchForm¤tPosition=2&docId=GALE%7CA267812264&docType=Interview&sort=RELEVANCE&contentSegment=&prodId=LITF&contentSet=GALE%7CA267812264&searchId=R3&userGroupName=fairfaxcps&inPS=true#. Accessed 19 Mar. 2017.
Brumbaugh, Stacy M., et al. “Attitudes toward Gay Marriage in States Undergoing Marriage Law Transformation.” Journal of Marriage and Family, vol. 70, no. 2, May 2008, pp. 0-15. JSTOR, www.jstor.org/stable/40056279?Search=yes&resultItemClick=true&searchText=gay&searchText=marriage&searchUri=%2Faction%2FdoBasicSearch%3Facc%3Don%26amp%3BQuery%3Dgay%2Bmarriage%26amp%3Bfc%3Doff%26amp%3Bgroup%3Dnone%26amp%3Bwc%3Don&seq=1#page_scan_tab_contents. Accessed 15 Mar. 2017.
cheb, John M. II, and Otis H. Stephens Jr. “Same-Sex Marriage and Civil Unions in the Courts.” American Government, ABC-CLIO, 2017, americangovernment.abc-clio.com/Search/Display/1686688. Accessed 15 Mar. 2017.
Cushman, Sarah. “Gay People.” Modern Genocide: Understanding Causes and Consequences, ABC-CLIO, 2017, moderngenocide.abc-clio.com/Search/Display/1699995. Accessed 27 Mar. 2017.
Encarnación, Omar G. “GAY RIGHTS: WHY DEMOCRACY MATTERS.” Journal of Democracy, vol. 3, no. 90, 1 July 2014. eLibrary Academic/Public Library, elibrary.bigchalk.com/elibweb/elib/do/document?set=search&searchType=natural&dictionaryClick=&secondaryNav=&groupid=1&requestid=lib_standard&resultid=1&edition=&ts=486D18DDF850828FA76F6400EF8E87C9_1489679877743&start=1&publicationId=&urn=urn%3Abigchalk%3AUS%3BBCLib%3Bdocument%3B235771346&pdfflag=y. Accessed 16 Mar. 2017. Abstract.
“Engel v. Vitale: Prayer in the Schools.” Supreme Court Milestones, Cavendish Square Digital, www.cavendishsquaredigital.com/article/7445/4?search=gay%20marriage. Accessed 10 Mar. 2017.
Fantasy Rainbow Forest. Pinterest, s-media-cache-ak0.pinimg.com/736x/b5/0d/5e/b50d5efeb773638c5eee17c2072fac68.jpg. Accessed 4 Apr. 2017.
“Florida Adoption Controversy.” ABC-CLIO eBook Collection, 2017, americangovernment.abc-clio.com/Search/Display/1302502?terms=lesbian&sType=quick. Accessed 21 Mar. 2017.
From Our, P. S. (2004, Feb 25). GAY MARRIAGE IN BRIEF. The Commercial Appeal Retrieved from https://search.proquest.com/docview/394047038?accountid=3960
Frost-Knappman, Elizabeth. “National Women’s Conference.” United States Geography, ABC-CLIO, 2017, usgeography.abc-clio.com/Search/Display/1118775. Accessed 27 Mar. 2017.
“Gay and Lesbian Rights.” West’s Encyclopedia of American Law, edited by Shirelle Phelps and Jeffrey Lehman, 2nd ed., vol. 5, Gale, 2005, pp. 45-54. Gale Virtual Reference Library, go.galegroup.com/ps/i.do?p=GVRL&sw=w&u=scss11_ebooks&v=2.1&id=GALE%7CCX3437701959&it=r&asid=ad5105837e5bf23f22279244bd9bc912. Accessed 10 Mar. 2017.
“Gay Marriage Protest.” ABC-CLIO eBook Collection, 2017, americangovernment.abc-clio.com/Search/Display/1479930?terms=gay+marriage&sType=multi. Accessed 21 Mar. 2017.
“Gay Rights.” World History: The Modern Era,, ABC-CLIO, 2017, worldhistory.abc-clio.com/Search/Display/309361. Accessed 16 Mar. 2017.
Gerd Altmann. Pixabay, pixabay.com/en/homosexuality-rainbow-man-gay-1686921/. Accessed 27 Mar. 2017.
Hamilton, Neil. “Gay Rights Movement.” United States Geography, ABC-CLIO, 2017, usgeography.abc-clio.com/Search/Display/1127015. Accessed 27 Mar. 2017.
Hayworth, Eugene H. Encyclopedia of Business Ethics and Society. Edited by Robert W. Kolb, vol. 2, SAGE Publications, 2008. Gale Virtual Reference Library, go.galegroup.com/ps/i.do?p=GVRL&sw=w&u=scss11_ebooks&v=2.1&id=GALE%7CCX2660400373&it=r&asid=4b4df953b80ccdf89993402d2145aafc. Accessed 20 Mar. 2017.
Howard-Hassmann, R. (2002). The gay cousin: Learning to accept gay rights. Journal of Homosexuality, 42(1), 127. Retrieved from https://search.proquest.com/docview/204992440?accountid=3960
“Hurley V. Irish-American Gay, Lesbian & Bisexual Group (1995).” ABC-CLIO eBook Collection, 2017, americangovernment.abc-clio.com/Search/Display/209544?terms=lesbian+&sType=quick. Accessed 21 Mar. 2017.
Jim Abrams, A. P. (2006, Jul 19). House defeats gay marriage amendment. Journal - Gazette Retrieved from https://search.proquest.com/docview/411351010?accountid=3960
“Love Wins.” Encrypted-tbn3.gstatic, encrypted-tbn3.gstatic.com/images?q=tbn:ANd9GcSoH1MJ9PLlo_aSvx1tfiMHLDDmi3u0QrfusKcAXQ-2rUsg7X_eCUagDl4. Accessed 27 Mar. 2017.
“Marriage.” World History: The Modern Era, ABC-CLIO, 2017, worldhistory.abc-clio.com/Search/Display/309380.
“National Organization for Women.” World History: The Modern Era, ABC-CLIO, 2017, worldhistory.abc-clio.com/Search/Display/312031. Accessed 16 Mar. 2017.
Newman, Jason. “Gay Rights.” American Government, ABC-CLIO, 2017, americangovernment.abc-clio.com/Search/Display/200897. Accessed 15 Mar. 2017.
Obama, Barack. Interview. President Obama Lauds High Court Decision on Gay Marriage, 2015.
“Out of the locker: homosexuals and the military.” The Economist, 21 Nov. 1992, p. A26+. World History in Context, link.galegroup.com/apps/doc/A12922367/WHIC?u=scss11_ebooks&xid=fe2b0dde. Accessed 10 Mar. 2017.
Peterson, Bruce A. “A Spiritual Perspective on Family Courts.” Tikkun, Mar.-Apr. 2010, pp. 23+. LitFinder, go.galegroup.com/ps/retrieve.do?tabID=T004&resultListType=RESULT_LIST&searchResultsType=MultiTab&searchType=BasicSearchForm¤tPosition=1&docId=GALE%7CA223141009&docType=Essay&sort=RELEVANCE&contentSegment=&prodId=LITF&contentSet=GALE%7CA223141009&searchId=R1&userGroupName=fairfaxcps&inPS=true#. Accessed 19 Mar. 2017.
Phelps, Shirelle, and Jeffrey Lehman, editors. West’s Encyclopedia of American Law. 2nd ed., vol. 5, Gale, 2005. Gale Virtual Reference Library, go.galegroup.com/ps/i.do?p=GVRL&sw=w&u=scss11_ebooks&v=2.1&id=GALE%7CCX3437701959&it=r&asid=ad5105837e5bf23f22279244bd9bc912. Accessed 20 Mar. 2017.
“Plaintiffs in Baehr V. Lewin.” ABC-CLIO eBook Collection, 2017, americangovernment.abc-clio.com/Search/Display/1480157?terms=gay+marriage&sType=multi. Accessed 20 Mar. 2017.
Saika, Peggy. “Excerpts from the Voices of Feminism Oral History Project: Interview with Peggy Saika.” Interview by Loretta Ross. Meridians: Feminism, Race, Transnationalism, digital ed., vol. 10, no. 2, Fall 2010.
“Same-Sex Marriage and Civil Unions in the Courts.” ABC-CLIO eBook Collection, 2017, americangovernment.abc-clio.com/Search/Display/1686688?terms=lesbian+couples&sType=quick. Accessed 21 Mar. 2017.
“Sexuality.” Health Encyclopedia, Cavendish Square Digital, www.cavendishsquaredigital.com/article/11548/sexuality. Accessed 20 Mar. 2017.
Snider, Lee. NYC: ACLU Members March in Gay Pride Parade. DreamsTime, www.dreamstime.com/royalty-free-stock-image-nyc-aclu-members-marching-gay-pride-parade-marchers-carrying-banner-featuring-edie-windsor-s-fifth-avenue-image31945616. Accessed 27 Mar. 2017.
“Social Change in the 1970s.” America in the 20th Century, Cavendish Square Digital, www.cavendishsquaredigital.com/article/10885/social-change-in-the-1970s. Accessed 20 Mar. 2017.
“Tinker v. Des Moines: Free Speech for Students.” Supreme Court Milestones, Cavendish Square Digital, www.cavendishsquaredigital.com/article/7447/tinker-v-des-moines-free-speech-for-students. Accessed 22 Mar. 2017.
“The Triumph of a Movement.” Dailykos, www.dailykos.com/story/2010/12/18/927570/-. Accessed 27 Mar. 2017.
Vile, John R. “Fourteenth Amendment.” American Government, ABC-CLIO, 2017, americangovernment.abc-clio.com/Search/Display/1360110. Accessed 15 Mar. 2017.