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Thea Spyer and Edie Windsor Nigel Simon and Alvin Williams Carol Snyder and Heather McDonnell Donna Colley, Margaux Towne-Colley, and their son Grayson Richard Rogers and Bill Mullins Francis Shen and Wade Nichols Charles Blackburn and Glen Dehn Jo Rabb and Takia Foskey Maria Barquero and Donna Myers |
Marriage equality. Marriage Fairness. Gay marriage. Marriage for same-sex couples. It is called by many different names, but all of them refer to the same thing: Extending the freedom to marry, along with its special legal status and the thousands of protections and obligations that opposite-sex married couples enjoy, to same-sex couples through civil marriage.
The concept of equal protection under the law, enshrined in the Constitution, requires that fundamental rights like the right to marry be made available equally to same-sex and opposite-sex couples. While religious faiths are free to discriminate between same-sex and opposite-sex marriages, according to their beliefs, the government may not.
The ACLU is fighting, in Congress, state legislatures and the courts, to ensure that the freedom to marry is made available to loving couples in same-sex relationships across the country.
Defense of Marriage Act
The Defense of Marriage Act (DOMA) is a federal law passed in 1996 that both created a federal definition of marriage as being between a man and a woman and expressly gave states permission to refuse to recognize marriages entered into by same-sex couples in other jurisdictions. The part of DOMA that defines marriage at the federal level – known as Section 3 – was a radical departure from 220 years of federal practice, which was to rely on each state to define marriage and to recognize any marriage legally entered into under state law as a valid marriage for federal purposes.
We are challenging Section 3 of DOMA on behalf of our client Edie Windsor in Windsor v. United States, which is currently pending before the federal district court. We are also supporting the effort to repeal DOMA through Congressional action, in the form of the Respect for Marriage Act. Other organizations are similarly challenging DOMA.
 Marriage in the States Today, 20 states plus D.C. provide some significant state-level relationship protections and those states are home to 130 million people. LGBT families are making progress, but there is still much work to do. Many states have laws that prevent full recognition of same-sex relationships. Of those states, many have also passed restrictions on same-sex relationships in their state constitutions. Intimate adult relationships are among the most important relationships in the lives of many people, and the ACLU is fighting relationship discrimination at the state level to ensure that LGBT people are able to build committed, loving relationships without taking the risk that their families will be disregarded by the state or society Through litigation, advocacy and public education, the ACLU continues to work to expand marriage fairness. Washington State: Gov. Christine Gregoire signed the marriage law in February, making Washington the seventh state in the country (plus D.C.!) to open marriage to committed same-sex couples. The law goes into effect on June 7, but if marriage opponents gather enough signatures before then, the law will be suspended pending a referendum on the November ballot asking whether voters approve of the marriage law. The ACLU of Washington is a leader on the steering committee of the Washington United for Marriage campaign, and lobbied hard for the marriage bill. Maryland: On the heels of the Washington victory, Gov. Martin O’Malley signed the Civil Marriage Protection Act into law in March, bringing the total number of states with marriage freedom laws to eight! The law is scheduled to take effect January 1, 2013, but here too, there’s a real chance that the issue will end up on the ballot in November. The ACLU of Maryland is on the steering committee of Marylanders for Marriage Equality, and has hired organizing staff to help with the campaign. Laura Murphy, who is legislative director for the national ACLU, testified in favor of the marriage bill before the House of Delegates. Maine: Back in 2009, the Maine legislature passed a freedom to marry law and the governor signed it, but the law was narrowly rejected by the people at the ballot that fall. Now we are putting the issue back on the ballot in November 2012. The ACLU of Maine is on the executive committee of the Why Marriage Matters Maine campaign, and is hiring organizing staff to team up with partner organizations. Minnesota: We face a bad marriage amendment in Minnesota, which is on the ballot in November 2012 and would bar marriage for same-sex couples. The ACLU of Minnesota is a member of the Minnesotans United for All Families coalition and is working to educate the state about the freedom to marry. North Carolina: On May 8, 2012, a “marriage plus” amendment to the state’s constitution passed, banning marriage and any other forms of relationship protection for same-sex couples. The ACLU of North Carolina was on the steering committee of the Coalition to Protect North Carolina Families, and despite the loss advocates for LGBT equality in the Tar Heel state are already confident that the large and still-growing coalition of groups and individuals who came together against Amendment One have created an unprecedented infrastructure with which we can wage future battles to defend and expand civil liberties for LGBT North Carolinians. |