Same-Sex Marriage

Gay-Rights Movement - organized efforts to end the criminalization of homosexuality and protect the civil rights of homosexuals. While there was some organized activity on behalf of the rights of homosexuals in the first half of the 20th cent., the modern gay-rights movement in the United States is usually said to have begun with the Stonewall riot (June, 1969) in New York City, which resulted from a police raid on a gay bar. A number of groups formed to work for the repeal of laws prohibiting consensual homosexual conduct; for legislation barring discrimination against gays in housing and employment; and for greater acceptance of homosexuals among the rest of the population. By 1999 the antisodomy laws of 32 states had been repealed or declared unconstitutional; in all but five of the remaining states, the antisodomy laws applied to both heterosexuals and homosexuals. The Supreme Court overturned all state antisodomy laws in 2003; it ruled that a Texas law applying only to homosexuals was unconstitutional, but at the same time the Court repudiated a 1986 decision in which it had refused to extend the right of privacy to consensual sexual acts.

Laws protecting homosexuals from discrimination also have been enacted, but largely at the local level; by 1999 only 11 states had such laws. Opposition to such laws, particularly from conservative religious groups, has often been strong, and opponents of gay-rights measures have frequently gained their repeal. In 1992, Colorado became the first state to nullify existing civil-rights protection for homosexuals by amending its constitution; the provision was stuck down by the U.S. Supreme Court in 1996. By means of a statewide public referendum in 1998, Maine became the first state to repeal its gay-rights statute.

In 1993 the Defense Dept., at President Clinton's order, changed the ban on homosexuals in the military to a ban on homosexual activity. The much discussed policy, known as "don't ask, don't tell," was presented as a way to allow gays in the military to serve without fear of discharge or other penalty as long as they did not reveal their sexual orientation. By the end of the 1990s, however, it appeared to have done little to change the precarious status of gay soldiers. Most other NATO nations permit openly homosexual men and women to serve in their armed forces. Beginning in 1995, homosexuals were no longer automatically denied U.S. government security clearances.

Spousal benefits, such as health insurance and pension plans for long-term domestic partners, and the legal recognition of same-sex couples ("gay marriages") also became important gay-rights issues in the 1990s. However, beginning in the mid-1990s, many states began explicitly banning same-sex marriages; by 2004, 38 states had done so. Both California and Hawaii, however, have statewide domestic partnership systems. The Vermont supreme court declared in 1999 that the state must grant homosexual couples the same rights and protections that married heterosexuals have, and in 2000 the state legislature backed "civil unions" for same-sex couples that offer many benefits similar to those of heterosexual marriage. In 2003, Massachusetts' highest court ruled that homosexual couples have the constitutional right to marry, and ordered the legislature to change state law to permit such marriages beginning in May, 2004. The state legislature subsequently passed a constitutional amendment that would create civil unions for homosexual couples while restricting marriage to heterosexuals; the earliest the amendment could take effect would be Nov., 2006.

At the national level the Defense of Marriage Act (1996) restricts the federal definition of marriage to heterosexual couples. A number of American corporations, however, now offer same-sex partners of employees medical benefits comparable to those offered to employees' spouses; about one fifth of all workers are employed by these businesses. Meanwhile, religious institutions have been struggling with the issues of gay marriage and the ordination of gay clergy. Worldwide, laws relating to homosexuality vary widely; only a few nations (the Netherlands, Belgium, France, Germany, and the Scandinavian countries) and some Canadian provinces offer some form of official recognition to homosexual couples.