Momentum for Marriage

August 28, 2013

Every day, the momentum for full marriage equality across this country builds. And our members are right in the thick of this critical work, achieving some major victories.

Just look at what’s been happening these past ten months.

October 2012: Over the course of several years, six states granted marriage to same-sex couples: Iowa, New Hampshire, Vermont, Massachusetts, New York, and Connecticut.

November 2012: Three states win marriage at the ballot for the first time ever (Maine, Maryland, and Washington), bumping the number of marriage equality states to nine. One state beats back an amendment to ban marriage (Minnesota).

May 2013: Within days, Rhode Island, Delaware, and Minnesota pass legislation allowing all loving couples to share in the freedom to marry.

June 2013: Historic decisions from the Supreme Court.

  • The Supreme Court upholds a lower court ruling striking down Prop 8 -- marriage returns to California, state number thirteen.
  • The Supreme Court strikes down the so-called Defense of Marriage Act (DOMA) and begins treating legally married same-sex couples equally under the law.

Since June 2013: The number of states granting marriage equality remains at 13, but campaigns across the country are heating up.

  • Any day now, Hawaii legislators could call a special session to consider a bill extending the freedom to marry to all couples. The Governor is firmly in support, and the Speaker of the House says the votes are there. 
  • In Illinois, the House could take up the marriage bill during their fall veto session. The Senate passed the bill earlier this year, and the Governor has pledged to sign it when it reaches his desk.
  • In the Garden State, New Jersey United is building a campaign to secure enough votes to override Governor Christie’s veto before the January 2014 deadline.
  • In Oregon, voters will consider whether to remove the state’s existing constitutional ban on marriage equality and extend the freedom to marry to same-sex couples in the 2014 election. The campaign is currently gathering signatures and has blown its initial goals out of the water.
  • In Indiana, a strong bipartisan coalition has formed to stop an unnecessary anti-freedom amendment that duplicates existing law and would permanently ban all protections for same-sex couples and their families.
  • In New Mexico, where there is no ban on the freedom to marry, six counties have started issuing marriage licenses to same-sex couples.
  • In a host of states, organizations and individuals are coming together to start a conversation about why marriage matters to all families.
  • Courts across the country are hearing cases challenging discriminatory laws that deny the freedom to marry to same-sex couples.

Since the demise of DOMA: The Obama Administration is working to fully implement the Court ruling striking down DOMA.

  • Couples who were married and who are currently living in a marriage equality state have equal protection under the law.
  • For couples who were legally married in a marriage equality state but do not live in a marriage equality state currently (we’ll call them “limbo couples”), some ambiguity still exists. Different federal departments are still determining how to move forward.
  • These “limbo couples” have access to federal protections that are determined by place of celebration (where a marriage was celebrated), including immigration-related rights and benefits for federal employees.
  • Other federal-level marriage protections are currently determined by place of domicile (where a married couple lives), and it remains to be seen which of these protections will be available to “limbo couples.”
  • Federal departments are still evaluating and deciding which protections are best determined based on place of celebration versus place of domicile. We are encouraging the Obama administration to adopt the “place of celebration” standard as we believe it is the fairest standard for all married couples.
  • Despite some remaining questions about which standard (celebration or domicile) will be implemented to determine Social Security spousal benefits -- a critical federal-level marriage right -- the Social Security Administration (SSA) is encouraging anyone who thinks they may be eligible for spousal benefits to apply immediately. The SSA will accept and hold all claims, until they finalize their policies about which claims will actually be processed.

These last ten months have been nothing short of historic for this movement. And the Federation is honored to have partnered with our members on these incredible wins. Together, we’ve built unprecedented -- and unstoppable -- momentum for marriage equality across this nation, and there’s only more to come.

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