The issue of gay marriage has come to a boiling point in Alabama. In January, a district court judge overturned the state’s ban on same-sex unions, but some opponents attempted to block the decision until the United States Supreme Court rules on the larger case of gay marriage. This decision is anticipated to come later in 2015. In February, the U.S. Supreme Court ordered state representatives to commence issuing marriage licenses to same-sex couples. However, the chief justice of the Alabama Supreme Court, Roy Moore, attempted to stop the weddings from taking place. The result has been a high drama legal battle. It has put some of state’s probate judges, who are responsible for issuing marriage licenses, in the unusual position of being caught in the middle of the chief justice of the Alabama Supreme Court and the Supreme Court of the United States.
Roy Moore
Judge Roy Moore is no stranger to controversy. In 2003, during his first term as chief justice, he refused to sanction the removal of a Ten Commandments monument from a state judicial building despite being instructed to do so by a federal judge. Moore commissioned the sculpture in 2001. The controversy resulted in his removal from the Alabama Supreme Court by unanimous vote from a state ethics panel, but in 2012 he was re-elected chief justice by voters. Moore has had political aspirations and participated in two Alabama gubernatorial elections. He unsuccessfully ran for governor in 2006 and 2010.
The Supreme Court Weighs In
While state lawmakers across the country still have influence on the laws governing same-sex marriage in their respective states, the U.S. Supreme Court has played an integral role in shaping policy nationwide. Following are several milestone decisions.
2004 – Supreme Court declares sodomy laws unconstitutional.
2013 – Supreme Court allows same-sex weddings to resume in California and declares parts of the Defense of Marriage Act unconstitutional.
2014 – Supreme Court refuses to listen to arguments for different cases from five states seeking to overturn the legalization of same-sex marriage.
2015 – Supreme Court agrees to hear four cases on the constitutionality of state laws prohibiting same-sex marriages. Many legal experts believe the decisions the court makes on these cases will be the definitive rulings on the issue. Gay marriage advocates hope it will be the final hurdle before same-sex marriages are legal in every state.
State by State
As of February 2015, 37 states have legalized same-sex marriage. Massachusetts was the first to do so in 2004. The 13 states that still prohibit these unions are traditional Republican “blue” states and are located primarily in the South and Midwest. They are Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.
Around the Globe
Eighteen countries worldwide permit same-sex marriage. The vast majority are in Europe. The Netherlands was the first country to allow gay marriage; it was made legal there in 2001. Argentina, Brazil, Canada, New Zealand, South Africa and Uruguay also recognize these unions. The United States and Mexico are the only two places where same-sex marriages are legal in parts of the country but not throughout.
Times Are Changing
The views of many Americans have evolved on the issue of gay marriage. According to Gallop, in 1996, 27 percent of Americans felt that same-sex marriage should be legal. By 2014, the number had climbed to 55 percent. Over 70 percent of Americans live in places where gay couples are legally permitted to wed. In 2012, Barack Obama became the first sitting U.S. president to support gay marriage.
The issue of gay marriage has been an ongoing news story for the past few years. The recent developments in Alabama make it clear that residents of all states do not embrace same-sex unions, even though momentum appears in favor of legalizing them.