History and Timeline of Marriage
This is not the first time our country has had this kind of conversation about marriage. Throughout our history, marriage has often been a battleground on which larger questions have been contested.
How did the marriage equality movement get started?
The movement for marriage equality has grown from the grassroots up. Many different factors have been involved in its growth, popularity, and in its successes so far.
Use the key resources below to learn more about the history and timeline of the marriage equality movement.
FROM EVAN WOLFSON:
BLOG: Loving equality
Evan Wolfson and civil rights attorney Bernard S. Cohen, who argued the Loving's case, write together about Loving v. Virginia as a milestone in racial equality, an important vindication of marriage as a cherished civil right, and a testament to the importance of fighting for equality, rather than sitting by silently, indifferently, or complacently in the face of cruel exclusion.
From where I stand
Evan Wolfson describes the challenges of 2006, as well as the progress in 2007 and beyond. There are opportunities for good work in all states, whether they have anti-gay amendments or not. Marriage equality is within reach in all 50 states—if we do the reaching.
Marriage equality moves forward
Not only are we seeing the American people moving swiftly (in historical terms) toward marriage equality, but, in fact it turns out that even the third Wolfson considered unreachable on any reasonable timeline are not so adamant.
SPEECH: The scary work of winning
Wolfson gives the Lavender Law keynote address in Minneapolis, addressing the nation's LGBT lawyers and allies, and lays out the vision of how we are winning, with strategic lessons on how to cope with defeats and, where necessary, "lose forward" to victory. Download pdf.
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WHERE YOU CAN GO TO LEARN MORE:
Celebrating the Freedom to Marry on the 40th Anniversary of Loving v. Virginia
Our page commemorates the Loving celebration in June 2007 which was co-sponsored by civil rights organizations from across the country to honor the freedom to marry as a civil right, featuring a rare public statement by Mrs. Mildred Loving (a plaintiff in the historic Loving v. VirginiaSupreme court case which ended racial discrmination in marriage) supporting the freedom to marry for all Americans (pdf).
Freedom to Marry: Rites & Rights from Legal Marriage Alliance of Washington
The Legal Marriage Alliance of Washington presents an excellent timeline of marriage history, offering a historical context for the ongoing struggle to end the exclusion of same-sex couples from marriage.
Legal Marriage Court Cases — A Timeline from Partners Task Force for Gay & Lesbian Couples
Partners Task Force for Gay & Lesbian Couples presents a timeline of the legal fight for ending discrimination in marriage with descriptions of all same-sex marriage cases, dating back to 1971.
Lambda Legal's Cases
Lambda Legal lists their Landmark Cases which include marriage-related cases, and their current docket of cases which include the following marriage cases:
- (Amicus) Kerrigan v. State of Connecticut
- Varnum v. Brien in Iowa
- In re Marriage Cases in California
Key Dates in the Quest for Marriage for Same-Sex Couples from Human Rights Campaign
The Human Rights Campaign provides a list of specific actions which took place from 1993 through 2006 in the ongoing battle to end the exclusion of same-sex couples from marriage.
Timeline Of Gay and Lesbian Marriage, Partnership or Unions Worldwide from UK Gay News
A good overview timeline of international events in the worldwide movement for ending discrimination in marriage.
Timeline of same-sex marriage from Wikipedia
A timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide in modern history, followed by a timeline of notable same-sex marriages and unions.
International progress toward the freedom to marry
Learn more about the international advancements toward ending the exclusion of same-sex couples and their families from marriage.
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TIMELINE:
June 1, 1942
Skinner v. Oklahoma
The court says that depriving someone of the right to procreate or the right to marry is unconstitutional, and that marriage is "one of the basic civil rights".
October 1, 1948
Perez v. Sharp
The California Supreme Court, in a 4-to-3 decision, becomes the first court in U.S. history to strike down race restrictions on marriage. The court says that the freedom to marry is precious and important, and declares that "the essence of the right to marry is the right to join in marriage with the person of one's choice".
May 17, 1954
Brown v. Board of Education
The U.S. Supreme Court returns a momentous decision condemning "separate and unequal" segregation in the nation's schools.
June 7, 1965
Griswold v. Connecticut
The U.S. Supreme Court makes clear that in America, at least, marriage is based on choice and respect for the couple, not the government's agenda or religious doctrines about procreation.
[THE COMPLETE TIMELINE OF THE FREEDOM TO MARRY MOVEMENT]
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THE NUMBER: POLLING & STATISTICS:
At the time of the Loving v. Virginia decision in 1967 which ended racial discrimination in marriage, only 30% of the American public supported interracial marriage. According to a Gallup poll in May 2007, 46% of the American public support ending discrimination against same-sex couples in marriage, 50% more than supported the Loving decision.
Once laws passed in 2007 in Oregon, New Hampshire, and Washington go into effect, nearly 35 percent (34.7%) of same-sex couples will live in states where some of the state law rights that spouses receive can be obtained by marrying or entering civil unions, reciprocal beneficiary relationships or domestic partnerships.
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PUBLICATIONS:
Marriage and "Backlash": The fight is worth it
Drawing on parallels from other civil rights chapters in American history, Prof. Carlos Ball concludes that the progress made in fighting for and winning the freedom to marry outweighs the costs and "backlash" gay families have endured, inherent in any social justice struggle.
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NEWS:
Iowa Court Issues Decision in Lambda Legal's Historic Lawsuit: Same-Sex Couples Must Be Allowed to Marry
In a powerful, closely reasoned 63-pp. decision, an Iowa trial court struck down the exclusion of same-sex couples from marriage. The court found that the denial of marriage harms couples and their kids, while helping no one and serving no legitimate government interest. The ruling is a victory for families and fairness in America's heartland.
Read the decision here.
Midieval civil unions existed
In late medieval France, the term affrèrement -- roughly translated as brotherment -- was used to refer to a certain type of legal contract, which also existed elsewhere in Mediterranean Europe. These documents provided the foundation for non-nuclear households of many types and shared many characteristics with marriage contracts, as legal writers at the time were well aware, according to Allan A. Tulchin (Shippensburg University).
Celebrating recent LGBT legislative advances
Jon Davidson, Legal Director of Lambda Legal discusses the marriage-related achievements in early 2007, noting once recently passed laws go into effect "nearly 35 percent (34.7%) of same-sex couples live in states where some of the state law rights that spouses receive can be obtained by marrying or entering civil unions, reciprocal beneficiary relationships or domestic partnerships. What is perhaps most amazing about these figures is that NONE of this existed only seven years ago." Although these achievements deserve recognition, Davidson continues, "Same-sex couples still cannot marry in 49 states, and the federal government refuses to honor the marriages that same-sex couples validly enter."
Number of 'out' gay and lesbian couples increasing
Evan Wolfson says communities in the United States would be stronger if people supported all families including the ones with LGBT citizens. "The conversation about how gay people are being unfairly treated has gotten much greater in the years, and people have understood how important it is to reach out to their neighbors and say, 'We're here, we're part of this community, and we want fair treatment for our families,'" he said.
Marriage ripe for decision in 2 courts
All eyes now are on the highest courts in California, Connecticut and Maryland, where decisions on the constitutionality of marriage discrimination are likely this year. California and Connecticut are appeals that will test whether civil unions or domestic partnerships are legally inadequate substitutes for matrimony.
COMMENTARY: Spanish lessons
How did Spain, a country with a long Catholic tradition, manage to implement marriage equality? A year after same-sex unions became legal, an on-the-ground analysis of how it happenedand what Americans can learn.
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Evan Wolfson and civil rights attorney Bernard S. Cohen, who argued the Loving's case, write together about Loving v. Virginia as a milestone in racial equality, an important vindication of marriage as a cherished civil right, and a testament to the importance of fighting for equality, rather than sitting by silently, indifferently, or complacently in the face of cruel exclusion. (link)
Evan Wolfson describes the challenges of 2006, as well as the progress in 2007 and beyond. There are opportunities for good work in all states, whether they have anti-gay amendments or not. Marriage equality is within reach in all 50 states—if we do the reaching. (link)
Our page commemorates the Loving celebration in June 2007 which was co-sponsored by civil rights organizations from across the country to honor the freedom to marry as a civil right, featuring a rare public statement (pdf) by Mrs. Mildred Loving (a plaintiff in the historic Loving v. VirginiaSupreme court case which ended racial discrimination in marriage) supporting the freedom to marry for all Americans.(link)
from Legal Marriage Alliance of Washington
The Legal Marriage Alliance of Washington presents an excellent timeline of marriage history, offering a historical context for the ongoing struggle to end the exclusion of same-sex couples from marriage. (link)
from Partners Task Force for Gay & Lesbian Couples Partners Task Force for Gay & Lesbian Couples presents a timeline of the legal fight for ending discrimination in marriage with descriptions of all same-sex marriage cases, dating back to 1971. (link)
