Evolution Of Marriage Rights In The U.S. Timeline

Since the United States was first formed the institution of marriage has been in the process of constant change and evolution. Throughout the history of the U.S. many laws have been passed, upheld, and overturned all focusing on marriage, peoples right to marriage, and the rights of married couples. The vast majority of these marriage right laws spread across the history of the U.S. address a few collective subjects, including: Interracial marriage, same-sex marriage, divorce, and polygamy.

In the U.S. many of the so called “basic” rights that are viewed today as essential and uninhibited to the lives of U.S. citizens were not always constitutionally guaranteed. The significant civil unrest, substantial debate, and historic legislation throughout the history of the U.S. has facilitated the evolution of our “basic” human rights to were they are today.

The evolution and development of marriage rights in society and through the history of the U.S. is due in large part because of the momentous action and debate on society’s national stage over people’s constitutional right to marriage.

There are important dates in the history of the U.S. when marriage right laws were passed, upheld, or overruled that have significantly aided in the evolution of people’s marriage rights in the U.S.

Here is a timeline created by the San Diego divorce lawyers at Boyd Law of the dates and laws relating to the history and evolution of marriage rights in the U.S.

1839

Mississippi is the first state in the U.S. to grant women the right to hold property in their own name with their husband’s permission. By 1900 every state in the U.S. had passed the same legislation allowing women some form of control over their own property and earnings as long as they had their husbands blessing.

1855

Missouri v. Celia, a woman slave is acknowledged as property with no right to defend herself against her master’s act of rape against her.

1865

The Mississippi Black Code excludes black black people from marrying white people with the punishment being life in prison.

1883

Pace v Alabama the United States Supreme Court upholds the state of Alabama’s ban on marriages between interracial couples. This ruling would stand for the next 84 years.

1953

Oklahoma passes first law permitting no-fault divorces that finally allow married couples to make the shared decision to get divorced without having to name a guilty party responsible for the divorce. Beginning with New York in 1970, other states eventually followed suit by passing similar laws.

1967

Loving v. Virginia goes down as one of the most important and impactful marriage cases in the history of the United States Supreme Court. This case resulted in the passing of a legislation that terminated the 276-year ban that the state of Virginia had on interracial marriages, declaring that marriage is a civil right for the first time in the history of the United States

1984

The city of Berkeley, CA becomes the first United States government body to pass the United States first domestic partnership law.

1993

The Supreme Court in Hawaii rules that banning same-sex couple marriage violates Hawaii Constitution’s ban on sex discrimination, and may only be supported if the prevention is warranted by a compelling reason. In 1996 no compelling reason is found, but later in 1998 before the Hawaii Supreme Court can make a final ruling, voters alter the state Constitution to allow the state’s legislature to restrict marriage to only men and women.

1996

The Personal Responsibility and Word Opportunity Reconciliation Act (PRWORA) is first federal law to clearly and openly promote marriage and support the formation of families with two heterosexual parents.

The Defense of Marriage Act (DOMA) is passed by the federal government in response to Baehr v. Miike. This act describes marriage under federal law as singularly heterosexual (marriage between man and woman). It also asserts that states in the U.S. are not required by law to recognize same-sex marriages performed in a different state. The DOMA was later declared unconstitutional by the First U.S. Circuit Court Appeals in May 2012.

2000

Vermont legislatures pass and Vermont Governor signs a law that creates civil unions for all same-sex couples. This legislation gives same-sex couples all the benefits and rights of a marriage but not an actual marriage license.

2003

United States Supreme Court overrules its 1986 Bowers v. Hardwick verdict, ruling homosexuals are “entitled to respect for their private lives”.

Massachusetts Supreme Judicial Court rules in favor of same-sex marriage.

2004

Early in 2004 few local governments around the country grant marriage licenses for same-sex couples before being stopped by the courts.

In Massachusetts, same-sex couples legally get married for the first time.

Thirteen different states across the U.S. pass constitutional amendments prohibiting gay marriage.

2006

The Supreme Court in New Jersey declares that same-sex couples are entitled to the same rights and benefits as heterosexual couples. The Legislature decides to legalize civil unions.

Eight states across the U.S. pass laws banning same-sex couple marriages.

2008

Connecticut Supreme Court rules that same-sex couple have the right to get married.

Supreme Court in the state of California overrules ban on same-sex couple marriage, legalizing the marriage between same-sex couples, but soon after public votes to approve a constitutional amendment (Prop 8) to end gay marriage.

2009

Lawmakers in the states of Vermont, Washington D.C., and New Hampshire, legalize same-sex marriage. Iowa Supreme Court overturns the state’s ban on same-sex marriage.

2011

Legislature in the state of New York approves same-sex marriage.

The Pentagon’s “don’t ask, don’t tell’ policy is revoked.

2012

The states of Maryland, Washington, and Maine become the first states in the U.S. where the public voted to legalize same-sex marriage.

2013

The United States Supreme Court overturns proposition 8 in the state of California, resulting in the re-introduction of legal same-sex marriages in California.

2015

Obergfell v. Hodgest the Supreme Court rules that the Fourteenth Amendment to the constitution demands a State to license a marriage between two people of the same-sex and to recognize marriages between two people of the same-sex when their marriage was lawfully licensed and performed in another State. This ruling legalized same-sex marriage in the United States.

The original publication of this timeline, including the interactive timeline graphic of all the dates and laws highlighted in the timeline can be found here.