Saturday, January 11, 2014

Take Your Guess

Let's face it, when it comes to Gay Marriage, it's just a matter of time before it's legal in all 50 states.  But as with every other chapter of social change in the history of the United States, some states will be ahead of the curve, while other states will have to be dragged, kicking and screaming, along with the rest of the country.

So we started thinking, which State will have the shame of being the last state to adopt gay marriage? Leave a comment, and let us know who you think it will be.

And to provide you more background on how our states have fared in the past with social change, below are some facts about the history of the adoption of gay marriage in the U.S., as well as some history about how the states fared on some other important historical social issues.

Leave a comment below and tell us which state that you believe will be the last one to approve gay marriage.

Friday, January 10, 2014

Gay Marriage - Where We Stand in 2014

The road to the adoption of gay marriage in the United States has been a torturous one.  After years of the states taking popular and legislative votes to ban the institution, we now have seventeen states which have made gay marriage legal. 

There have been three ways in which those states won that civil right:
1.  Court decision
2.  Legislative vote
3.  Popular vote

Below are the seventeen states, (and the District of Columbia), which have made gay marriage legal, the dates those gay marriage laws became effective and how those states did it.

1.  Massachusetts - May 17, 2004 - Court decision.
2.  Connecticut - November 12, 2008 - Court decision.
3.  Iowa - April 27, 2009 - Court decision.

-Oddly enough, Mitt Romney was the governor of Massachusetts when that state's Supreme Court ruled in favor of gay marriage in 2003, and the state began issuing marriage licenses to gay couples in 2004.  Thanks, Mitt!
-Connecticut also had a Republican governor in 2008 when its State Supreme Court ruled in favor of gay marriage and the state began issuing marriage licenses to gay couples a month later.
-In Iowa, it also took a ruling by the state's Supreme Court to make gay marriage legal.  The Democratic governor promptly lost his re-election bid in 2010 to a Tea Party Republican.  Think gay marriage was an issue in that election?

4.  Vermont - September 1, 2009 - State legislative vote.

-In 2009, Vermont became the first state to legalize gay marriage without a court ruling.  The Republican governor, (another one!), vetoed the state legislation, but the state legislature overrode his veto.

5.  New Hampshire - January 1, 2010 - State legislative vote.

-When New Hampshire's Democratic governor signed his state's gay marriage legislation, he became only the second U.S. governor to sign a bill allowing gay marriage.

6.  District of Columbia - March 9, 2010 - City Council vote.

-The City Council of Washington, D.C. voted to legalize gay marriage, and the Democratic mayor, Adrien Fenty, signed the legislation.  The U.S. Congress, which oversees the District, failed to overturn the City Council's vote.

7.  New York - July 24, 2011 - State legislative vote.

-In New York, another Democratic governor, another victory for gay marriage.

8.  Washington - December 6, 2012 - Popular vote.
9.  Maine - December 29, 2012 - Popular vote.
10.  Maryland - January 1, 2013 - Popular vote.

-Until 2012, the opponents of gay marriage in America were able to say that when "the people voted, gay marriage was always voted down."  But the people of Washington, Maine and Maryland changed that truth forever and helped to quickly turn the tide in America toward the mainstream acceptance of gay marriage. 
-Washington's governor was another Democrat and the first female governor to sign a bill for gay marriage.
-Maine's state legislature passed a gay marriage bill in 2009, and on May 6, 2009, the state's Democratic governor, John Baldacci, became the first U.S. governor to sign a gay marriage bill into law.  At the time, Maine was only one of four states where gay marriage was legal, but a later popular vote overturned the legislation.  Another popular vote was taken in 2012, and this time, gay marriage was made legal by the people.
-Maryland: Another Democratic governor, another victory for gay marriage.  Do we sense a pattern here?

*June 26, 2013 - The U.S. Supreme Court ruled that DOMA, (The Defense of Marriage Act which restricted marriage in the U.S. to heterosexual couples only), was unconstitutional.*

11.  California - June 28, 2013 - Court decision.

-And now, for the strange, twisted tale of gay marriage in California.  After a ruling of California's Supreme Court, gay marriage first became legal in that state on June 16, 2008, making it the second state in America to have legal gay marriage.  Unfortunately, opponents of gay marriage passed the infamous Prop 8 bill in 2008, which once again outlawed gay marriage in California.  On June 26, 2013, the U.S. Supreme Court overruled Prop 8, making gay marriage legal, once again, in California.

12.  Delaware - July 1, 2013 - State legislative vote.
13.  Rhode Island - August 1, 2013 - State legislative vote.
14.  Minnesota - August 1, 2013 - State legislative vote

-Three more Democratic governors, three more states, Delaware, Minnesota and Rhode Island, which approved gay marriage through their own state legislatures.
-The dates which the state legislatures passed a law making gay marriage legal: Rhode Island: May 2, 2013, Delaware: May 7, 2013 and Minnesota: May 14, 2013, but the dates above are the dates on which those laws went into effect.

15.  New Jersey - October 21, 2013 - Court decision.

-New Jersey's state legislature first approved gay marriage in 2012, but Republican governor, Chris Christie, vetoed the legislation.  After the U.S. Supreme Court ruled in favor of gay marriage in 2013, a New Jersey Superior Court judge ruled that the state must follow the ruling of the U.S. Supreme Court.

16.  Hawaii - December 2, 2013 - State legislative vote.

-As with many other states, once the U.S. Supreme Court struck down DOMA, it made passage of a gay marriage bill in Hawaii much easier.  It also didn't hurt that the governor was a Democrat.

17.  New Mexico - December 19, 2013 - Court decision.
 
-The New Mexico Supreme Court ruled in favor of gay marriage, and the governor, a Republican woman, refused to seek legislation to block gay marriage, stating that the U.S. Supreme Court has made gay marriage the law of the land.  Smart woman.

18.  Illinois - June 1, 2014 - State legislative vote.

-Democratic governor Pat Quinn signed legislation on November 20, 2013 making gay marriage legal in Illinois, and the law will go into effect on June 1, 2014.

19.  Oregon - May 19, 2014 - Court decision.

After a federal district court struck down Oregon's ban on gay marriage, both the U.S. Ninth Circuit Court of Appeals and the U.S. Supreme Court refused to issue a stay on the ruling, making Oregon the 18th State in America to make gay marriage legal.

20.  Pennsylvania - May 20, 2014 - Court decision.

After a federal district court struck down Pennsylvania's ban on gay marriage, Republican Governor Tom Corbett declined to appeal the ruling, making it clear that even the Republican Party realizes that continuing to fight gay marriage is a losing battle.  Pennsylvania is the 19th State, (plus the District of Columbia), to have legal gay marriage.

It is interesting to note that after the U.S. Supreme Court struck down DOMA in 2013, many states were quickly able to move gay marriage legislation through their state legislatures.  Even many Republicans, at this point in 2014, realize that fighting gay marriage is a losing battle.  We'll see many more states, now, quickly move state legislation or win state court battles in favor of gay marriage.

Thursday, January 9, 2014

UPDATE - June 2014

Just in the past few weeks, the process of making gay marriage legal has moved so quickly in so many states, it's almost impossible to keep up with the changes.  There is no longer any doubt, even by Republicans, that gay marriage will soon become legal in all fifty states.


19.  Utah - December 20, 2013 - Court decision / Pending: April 10, 2014

-In December 2013, a federal court ruled that Utah's state ban on gay marriage was unconstitutional, but on January 6, 2014, the U.S. Supreme Court put a stay on that ruling until the State of Utah has a chance to appeal the federal court's ruling.  The U.S. Tenth Circuit Court of Appeals has scheduled oral arguments for April 10, 2014.

-Oral arguments were heard in the Tenth Circuit Court on April 10, and as June 15, 2014, we're still waiting for that ruling.

20.  Oklahoma - January 10, 2014 - Court decision / Pending: April 17, 2014

-On January 14, 2014, a federal court ruled that Oklahoma's state ban on gay marriage was unconstitutional, but on that same day, January 14, 2014, the U.S. Supreme Court put a stay on that ruling until the State of Oklahoma has a chance to appeal the federal court's ruling.  The U.S. Tenth Circuit Court of Appeals has schedule oral argument for April 17, 2014.

-The same 10th Circuit three-judge panel who heard the Utah case on April 10 also heard the Oklahoma the following week, on April 17.  We're still awaiting the ruling for Oklahoma, but it's a safe bet that the rulings for Utah and Oklahoma will be the same.

21.  Virginia - February 13, 2014 - Court decision / Pending: May 12, 2014

-On February 13, 2014, a federal court ruled that Virginia's state ban on gay marriage was unconstitutional, but on that same day, February 13, 2014, the U.S. Supreme Court put a stay on that ruling until the State of Virginia has a chance to appeal the federal court's ruling.  The U.S. Fourth Circuit Court of Appeals has schedule oral argument for May 13, 2014.

-The 4th Circuit heard Virginia's case on May 13, 2014, and we're still awaiting that ruling.

22.  Texas - February 26, 2014 - Court decision / Pending
23.  Michigan - March 21, 2014 - Court decision / Pending

In February and March 2014, federal courts ruled that Texas and Michigan's state bans on gay marriage were unconstitutional, but both states were able to put a stay on those rulings until further review.

24.  Arkansas - May 9, 2014 - Court decision / Pending

On Friday, May 9, Arkansas became the latest state to have its ban on gay marriage struck down by a judge's ruling.  Marriage licenses were issued the next day to several gay couples, which made Arkansas the first Southern state to make gay marriage legal.

-On May 16, Arkansas' State Supreme Court issued a stay on the circuit court's ruling, once again making gay marriage illegal in the state until further judicial appeal.

25.  Idaho - May 13, 2014 - Court decision / Pending

On May 13, a federal district court judge struck down Idaho's ban on gay marriage.  On May 15, the 9th Circuit Court of Appeals issued a stay on that ruling until an appeal can be heard.

26.  Oregon - May 19, 2014 - Court decision

On May 19, a federal district court judge struck down Oregon's ban on gay marriage.  The 9th Circuit Court of Appeals refused to grant a stay to the ruling, thereby making gay marriage in Oregon permanently legal.

27.  Pennsylvania - May 20, 2014 - Court decision

On May 20, a federal district court struck down Pennsylvania's ban on gay marriage.  The governor refused to appeal the court decision, thereby making gay marriage in Pennsylvania permanently legal.

28.  Wisconsin - June 6, 2014 - Court decision / Pending

On June 6, a federal district court judge struck down Wisconsin's ban on gay marriage.  On June 13, the U.S. Seventh Circuit Court of Appeals issued a stay on the ruling, pending appeal.

With gay marriage now legal in 19 states, plus the District of Columbia, gay marriage is legal for 43.5% of Americans.  When the above eight states, who have pending judicial decisions, win their right for gay marriage, then gay marriage will be legal for another 19.5% of the American population, and for the first time, gay marriage will legal for the majority of Americans, at 63% of the American population.

Wednesday, January 8, 2014

The States on Other Issues

If you just can't guess which states will be the last ones to adopt gay marriage, take a look below at the history of some other important American social issues and the states which were the leaders on those issues, and sadly, which states belong in the Hall of Shame.

Tuesday, January 7, 2014

Abolition of Slavery - Shame on Mississippi!

On December 6, 1865, the 13th Amendment to the U.S. Constitution was ratified and abolished slavery in the United States.  The first states to ratify the 13th Amendment were Illinois on February 1, 1865 and Rhode Island the next day on February 2.

Mississippi finally got around to ratifying the 13th Amendment in 1995, 130 years after its adoption, but failed to notify the Office of the Federal Register in Washington, D.C. of that action until February 2013, which completed the legal process for ratification.  In all, it took the State of Mississippi 148 years to formally ratify the 13th Amendment.

Voting Rights for African Americans - Shame on Tennessee!

The 15th Amendment to the U.S. Constitution, which gave voting rights to African-Americans, was ratified on February 3, 1870.  The first state to ratify the Amendment was Nevada on March 1, 1869, and the last state to do so was Tennessee on April 8, 1997, 127 years AFTER its adoption.  For once, Mississippi didn't bring up the rear!

Women's Right to Vote - Shame on Mississippi!

On August 18, 1920, the 19th Amendment to the U.S. Constitution was ratified, and American women were given the right to vote.  Many states had given their women the right to vote before the passage of the 19th Amendment; many states in New England had granted women's suffrage as early as 1807, but later revoked those rights.  Wyoming Territory, in 1869, was the first state to grant its women full and permanent voting rights.  Utah Territory followed in 1870.

But the shame of "last place" on women's suffrage goes to Mississippi, which didn't ratify the 19th Amendment until March 22, 1984, 63 years AFTER the passage of the 19th Amendment!

Saturday, January 4, 2014

Prohibition - Shame on Mississippi! and Cheers for Michigan!

The 18th Amendment to the U.S. Constitution, which abolished the production and sale of alcohol in the United States, was ratified on January 16, 1919.  Mississippi was the first state to ratify the Amendment on January 7, 1918.  New Jersey was the last state to ratify the 18th Amendment on March 9, 1922, but cheers to two states, Connecticut and Rhode Island, who rejected the Amendment and never ratified it.

The 18th Amendment was repealed in 1933 with the passage of the 21st Amendment on December 5, once again making the sale of alcohol legal in the United States.  Michigan was the first state to ratify the 21st Amendment on April 10, 1933, but 10 states either rejected the Amendment or never took a vote to ratify it: North Carolina, South Carolina, Georgia, Louisiana, Kansas, Nebraska, North Dakota, South Dakota, Oklahoma, and yes, you guessed it, Mississippi.