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The Gathering Storm: The State By State March Toward Marriage Equality


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Meet NOM, the anti gay rights group responsible for coming up with the new campaign "2 Million for Marriage" Or 2M4M. (woops!)  "The storm is coming,"  their new YouTube ad proclaims.  A big gay storm. 

In chronological order we lay out the states that have legalized same-sex marriage, and then the states where the "storm is gathering" most fiercely.  Enjoy.

Massachusetts

On November 18, 2003, Massachusetts became the first state in the U.S. to legalize same-sex marriage. The Massachusetts Supreme Court ruled in Goodridge v. Department of Public Health that it was unconstitutional to ban gay marriage, and on May 17, 2004, the state started marrying same-sex couples.

San Francisco

Chronologically, California was the second state to start issuing same-sex marriage licenses. On Valentine's Day 2004, San Francisco Mayor Gavin Newsom (pictured here) started marrying same-sex couples in defiance of existing state laws.

The California legislature followed Newsom's lead and approved a same-sex marriage bill in 2005, which Governor Schwarzenegger vetoed.

California

After Schwarzenegger's veto, the struggle for same-sex marriage continued and on May 15, 2008, the state Supreme Court overturned the state's ban on gay marriage. The decision went into effect on June 16, 2008, when the state began issuing marriage licenses to gay couples.  This halted with the 2008 elections and the passage of Proposition 8.  Prop 8 will limit marriage to heterosexual couples-- the first time such a vote has taken place in a state where gay unions were legal.

The state Supreme Court is currently reviewing the constitutionality of Prop 8 and has to make a decision by June 3.

Connecticut

Connecticut legalized gay marriage on October 10, 2008, with a 4-3 ruling from the state Supreme Court. The lawsuit was brought after eight same-sex couples were denied marriage licenses and sued, saying their constitutional rights to equal protection and due process were violated.

On April 23, 2009, Gov. Rell signed gay-marriage legislation, the day after the House and Senate aligned state statutes to the 2008 Supreme Court decision.

Iowa

On April 3, 2009, the Iowa Supreme Court unanimously ruled that a ban on a gay marriage violates the Iowa constitution. Iowa was the fourth state to legalize gay marriage and the first in the Midwest.

Vermont

Vermont became the fifth state to legalize gay marriage on April 7, 2009, but the first to do so through a legislative vote. Vermont was also the first state in the U.S. to grant same-sex couples civil unions, on December 20th 1999. The recent legislature overrode a veto on the same-sex marriage bill by Governor Jim Douglas.

Pictured here, same-sex marriage supporters Senate President Pro Tempore Peter Shumlin, Senator John F.Campbell, Rep. David Zuckerman and Rep. Mark Lawson celebrate the veto override.

Maine

Twelve years after Maine lawmakers banned same-sex marriage, the state reconsidered its position on marriage equality. On Wednesday, April 22, the Maine legislature convened to review the 1997 law which defined marriage as between a man and woman.

On May 6th, 2009, John Baldacci, the Governor of Maine, signed a law legalizing gay marriage. Baldacci is the first governor to sign a same-sex marriage bill in absence of a preceding court decision.

New Hampshire

Two years after granting same-sex couples the right to civil unions, the New Hampshire House voted for the legalization of gay marriage on March 26, 2009. The bill is now facing intense debate for approval in the state Senate.

On June 3, 2009, Gov. John Lynch signed the New Hampshire gay marriage legislation into law.

Washington

Other states, though never fully legalizing gay marriage, have been hotbeds of activity. In late 2004, two state judges and a federal judge ruled that Washington state's 1996 Defense of Marriage Act was unconstitutional. In early 2007, Governor Christine Gregoire (pictured), a Democrat, signed a bill creating domestic partnerships for same-sex couples. Since then, more than 5,000 same-sex couples filed for domestic partnerships in Washington. On April 15, the state legislature approved an expansion of these partnerships, which would grant all the rights offered to traditional marriages to same-sex couples. Gregoire said she will sign the bill into law.

New Jersey

In October 2006, the New Jersey Supreme Court ruled that state lawmakers must provide the rights and benefits of marriage to gay and lesbian couples. The state Civil Union Review Commission recommended that the state legalize gay marriage in December 2008, saying that civil unions are not enough for equality under the law. Governor Corzine has said "I will sign marriage equality legislation when it reaches my desk."

Rhode Island

A bill to legalize same-sex marriage has been introduced to the Rhode Island legislature, though sponsor Sen. Rhoda Perry (D) is doubtful "it will even make it out of committee this year." Governor Dan Carcieri (R) has come out against the bill.

Washington, D.C.

On April 7, 2009, the Washington, D.C. Council unanimously voted to recognize same-sex marriages from other states. Though the vote was preliminary, lawmakers expect a similar result from a final vote on May 5, and many see the move as a precursor to a same-sex marriage bill for the District.

From the Washington Post: "That measure is expected to be introduced in the council soon and undoubtedly will pit the city against opponents in Congress, which has the final say in the District's legislative matters."

New York

On Monday, April 19, New York Governor David Paterson formally announced his proposal to legalize gay marriage in the state, saying "we have a duty to make sure equality exists for everyone." A recent poll found that the majority of New York voters would be in favor.

On May 12 2009, the New York State Assembly passed a Same-Sex Marriage Bill. Next step: State Senate.

On February 27, 2004, New Paltz Mayor Jason West married 25 same-sex couples.  For this, West was charged with 19 misdemeanors from the Ulster County District Attorney.

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