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The year’s most surprising trend

By Staff | Dec 29, 2013

The most significant and unforeseen trend of 2013 is the increasing legal and social acceptance of gay marriage. When the United States Supreme Court heard oral arguments on the issue in March, same-sex marriage was permitted in nine states and the District of Columbia. Today, that number has doubled to 18.

There are still far more states, 32, where same-sex marriage is illegal. When one considers that Massachusetts was the first to allow same-sex marriage in 2002, the tide is quickly turning. Much of the progress is being made in state legislatures, but courts are playing a big role as well.

Utah became the most recent state to issue gay marriage permits after a federal district judge ruled a week ago that the state’s ban on same-sex marriage was unconstitutional. During the four days between the ruling and Christmas, 700 same-sex couples tied the knot.

Just last Monday, different federal district judges ruled that Ohio, which does not allow same-sex marriage, must recognize marriages performed in other states.

And, the New Mexico Supreme Court ruled on Dec. 19 that gay marriage is constitutional. The decision came when the court was asked to clarify state law after eight of the state’s 33 counties started issuing marriage licenses – on their own – to same-sex couples in August.

Same-sex marriage became legal in New Hampshire on Jan. 1, 2010, replacing civil unions, which had been legal since 2008.

The Utah case is being closely watched because, when the Court of Appeals for the 10th Circuit in Denver refused to stay the Utah district court ruling at the request of state officials, it set up a potential showdown with the U.S. Supreme Court.

Observers doubt if the high court wants to revisit the issue so soon after its June ruling that struck down the part of the federal Defense of Marriage Act that denied benefits to same-sex couples in states that allowed such unions.

At the same time, though, the court backed away from the opportunity to rule that same-sex marriages are constitutional. In that case, the court used a technical argument to avoid ruling on the legality of California’s constitutional amendment defining marriage as only between a man and a woman.

The justices appeared to be saying they preferred to allow the issue to play out on its own without the high court’s interference – lest they create a political backlash.

By not stepping into the fray, the Supreme Court created a vacuum that is now being filled by lower state and federal courts. which can’t avoid the rising tide of challenges legal challenges involving same-sex marriage laws and policies.

To date, the courts have not been kind to gay marriage opponents. As evidenced in Utah, New Mexico and Ohio, where judges have all favored protecting the due process and equal protection rights of individuals over government’s ability to control personal behavior.

At year’s end, same-sex marriage legal challenges are pending in five other states.

Supporters of gay marriage are hopeful that the progress made in 2013 will carry over into 2014 and increase pressure on the Supreme Court to revisit the issue sooner rather than later. However, it’s more likely that the current momentum will slow in 2014, as it’s highly unlikely that another nine states will legalize same-sex marriage over the next 12 months.

Throughout the nation’s history, struggles for human rights have taken many years and required much sacrifice. The same is true for gay and lesbian couples seeking protections that are equal to their heterosexual counterparts.

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