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Same-Sex Marriage

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Kerry Kasterton

on 2 May 2014

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Transcript of Same-Sex Marriage

Same-Sex Marriage Tolerance
Jurisprudence
Cultural Shift
1948 - Alfred Kinsley publishes
Sexual Behavior in the Human Male

1951 - The Mattachine Society, first national gay rights movement, is formed

1960s - Sexual Revolution
1962 - Illinois eliminates sodomy law
1969 - Stonewall riots transform gay rights into widespread movement for equality
1970 - First Gay-Pride parades held in NYC, Chicago, LA
1973 - American Psychiatric Association vote to remove homosexuality as 'disorder'
1975 - Elaine Noble elected as first gay public office-holder
1977 - Harvey Milk, openly-gay activist, elected to SF Board of Supervisors
1979 - White Night Riots
1981 - First case of AIDS
1980 - Democratic Party inc. protection against 'sexual orientation' discrimination to political platform
1987 - National March on Washington to demand AIDS crisis be addressed
1993 - 800K people participate in National March on Washington for LGBT Equal Rights and Liberation
1993 - 'Don't Ask, Don't Tell' policy implemented in US military
1996 - DOMA Act signed into Law
2000 - Vermont becomes first state to legalize same-sex civil unions
2004 - Massachusetts becomes first state to legalize same-sex marriage
2011 - 'Don't Ask, Don't Tell' repealed












Richard A. Posner
"'Stonewall Riots' of 1969, which kicked off the movement for homosexual rights, owed nothing to the courts"

"All in all, the judicial role in the rise of homosexual marriage seems to have been quite modest.'

"In retrospect, the growing acceptance of homosexual marriage seems a natural consequence of the sexual revolution that began in the 1960s rather than an effect, even to a small degree, of litigation."


"Most important was the gay-rights movement itself, which with growing success encouraged homosexuals to acknowledge their homosexuality publicly....A cycle of growing acceptance was created."

Konstantine Kastens
Pub 502.002
Prof. Bill Schneider
Spring 2014
4/15/2014

A Product of Cultural Shift or Judicial Causality?
1973 - Lawsuits filed in Minnesota, Washington and Kentucky seeking same-sex marriage

1993 - Baehr v. Lewin - Hawaii Supreme Court legalizes same-sex marriage

2003 - Lawrence v. Texas - Strikes down state laws criminalizing homosexual sex among consenting adults

2003 - Goodridge v. Dept. of Public Health - Massachusetts Supreme Court strikes down ban on same-sex marriage

2008 - In re Marriage Cases - California Supreme Court rules state ban on same-sex marriage unconstitutional (Later reinstated under Prop 8 upholding - then federally invalidated by Hollingsworth v. Perry)

2013 - Windsor v United States - Invalidates the provision of the DOMA Act that denied federal marital benefits to homosexual couples

2013 - Hollingsworth v. Perry - Strikes down California referendum rejecting law that authorizes same-sex marriage

















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