A judge struck down Nebraska's same-sex marriage ban. Here's where each state stands.

[CRAZY_CAT_WOMAN]

A judge struck down Nebraska's same-sex marriage ban. Here's where each state stands. - Vox

Update: On March 2, a federal judge struck down Nebraska's same-sex marriage  ban. The ruling goes into effect on March 9, although it could be put on hold further if it's appealed.

Since 2013, when the Supreme Court struck down  the federal ban on same-sex marriage, lower courts have followed  with their own decisions effectively ending same-sex marriage bans in several states. As the nation waits for a looming Supreme Court decision on marriage equality, lower courts' rulings have continued coming in.

As the decisions pile up, it can get a little difficult to track which same-sex marriage bans are legally valid and which have been overturned. This simple list tracks where each state stands.

I cant believe its taking so long. to give people theirs rights.

 

[jacknife]

A judge struck down Nebraska's same-sex marriage ban. Here's where each state[bless and do not curse]stands. - Vox
I cant believe its taking so long. to give people theirs rights.

i remember how surprised i was when i learned homosexuals couldn't marry. im glad to see people being given the rights they deserve.

 

[CQmethodist]

Not long until my marriage is recognized as valid in every state in the union. Equality under the law must mean equality for all.

 

[loveofourlord]

A judge struck down Nebraska's same-sex marriage ban. Here's where each state[bless and do not curse]stands. - Vox
I cant believe its taking so long. to give people theirs rights.

Yeah, so if the supreme court votes aye on gay marriage in june, what exactly does this mean? Are all bans struck down? Can everyone get married in all states? Or just those with a ban? Or what happens?

 

[CRAZY_CAT_WOMAN]

Yeah, so if the supreme court votes aye on gay marriage in june, what exactly does this mean? Are all bans struck down? Can everyone get married in all states? Or just those with a ban? Or what happens?

I think the supreme court needs to just make it legal for every state. I think it should have passed many years ago.

 

[jacknife]

Yeah, so if the supreme court votes aye on gay marriage in june, what exactly does this mean? Are all bans struck down? Can everyone get married in all states? Or just those with a ban? Or what happens?

if they rule it is constitutional it would make same sex marriage legal in every state. i am not sure on the specifics i am no good with law and politics.

 

[Fenny the Fox]

Yeah, so if the supreme court votes aye on gay marriage in june, what exactly does this mean? Are all bans struck down? Can everyone get married in all states? Or just those with a ban? Or what happens?

Well, given that it is already legal in those states without a ban, the ruling wouldn't affect them anyway...so yeah, a ruling in favor of SSM would only affect those with a ban.

To be more to the point: the case(s) taken on by the Supreme Court will affect all states in the districts in questions. Which, if I am not mistaken, is inclusive of all states that have not already struck down bans/made SSM legally recognized. Even if not, the ruling could still affect ALL states, if the court wanted it to/worded it as such - approaching the issue as a matter of Constitutionality rather than resolving of district/state issues that are contested merely as state issues and not of national importance (such as they did in the case of Prop8 in California).

 

[loveofourlord]

Well, given that it is already legal in those states without a ban, the ruling wouldn't affect them anyway...so yeah, a ruling in favor of SSM would only affect those with a ban.

To be more to the point: the case(s) taken on by the Supreme Court will affect all states in the districts in questions. Which, if I am not mistaken, is inclusive of all states that have not already struck down bans/made SSM legally recognized. Even if not, the ruling could still affect ALL states, if the court wanted it to/worded it as such - approaching the issue as a matter of Constitutionality rather than resolving of district/state issues that are contested merely as state issues and not of national importance (such as they did in the case of Prop8 in California).

Okay what I thought, it's just I know some rulings they make only apply to whats at stake and so on, so not sure how wide reaching this would be.

Is there a middle ground on this case? Or is it all or nothing? Like with prop 8 there was ban all marriage, allow all marriage, or just strike down prop 8.

 

[Fenny the Fox]

Okay what I thought, it's just I know some rulings they make only apply to whats at stake and so on, so not sure how wide reaching this would be.

Is there a middle ground on this case? Or is it all or nothing? Like with prop 8 there was ban all marriage, allow all marriage, or just strike down prop 8.

I wouldn't say, at this point, there is middle ground. It is merely a case of is there or is there not a Constitutional right of marriage. That is the framing of the cases consolidated here.


In Prop8, it had more to do with if the people could remove the ability of a group to be legally married in the state after it was granted by the state already - essentially it became, at that point, an issue of removal without due process, and not of constitutional merit anyway.

 

[loveofourlord]

I wouldn't say, at this point, there is middle ground. It is merely a case of is there or is there not a Constitutional right of marriage. That is the framing of the cases consolidated here.


In Prop8, it had more to do with if the people could remove the ability of a group to be legally married in the state after it was granted by the state already - essentially it became, at that point, an issue of removal without due process, and not of constitutional merit anyway.

Ahhh okay, the way you guys were saying it was all or nothing, was just curious what made this different over prop 8.

 

[Skaloop]

Canada legalized same-sex marriage almost ten years ago. At the time, same-sex marriage in the states was still nowhere near becoming legal nationwide. I said it would be at least ten years before all of the US had federally-recognized same-sex marriage in all 50 states. Looks like I was about right, but I am still surprised that it took the minimum I expected. I thought it would take longer but the way things are going, it won't.

 

[loveofourlord]

Any bets on the chaos that will happen? You think we will get repeats of the french riots?

 

[CRAZY_CAT_WOMAN]

Ahhh okay, the way you guys were saying it was all or nothing, was just curious what made this different over prop 8.

I think prop 8 was only trying to keep gays from getting married, not heterosexuals.

 

[Skaloop]

Any bets on the chaos that will happen? You think we will get repeats of the french riots?

I'd bet that there won't be any chaos or riots. There will be some upset people, sure, but no actual chaos or riots.

 

[jacknife]

I'd bet that there won't be any chaos or riots. There will be some upset people, sure, but no actual chaos or riots.

it will be a hilarious day on this fourm though.

 

[loveofourlord]

I'd bet that there won't be any chaos or riots. There will be some upset people, sure, but no actual chaos or riots.

I'm 50/50 on this I don't really expect it, but considering how hot button this is I can see alot getting really angry, mind you alot of the people that talk about civil disobedeience and such do just that...talk heh.

 

[Fenny the Fox]

I'd bet that there won't be any chaos or riots. There will be some upset people, sure, but no actual chaos or riots.

Awwww That's no fun!

 

[Cearbhall]

I'd bet that there won't be any chaos or riots. There will be some upset people, sure, but no actual chaos or riots.

I think that's part of the reason why the Supreme Court has been stalling on declaring it nationwide, just like they did with interracial marriage. They've been waiting for the culture to change.

 

[trunks2k]

Yeah, so if the supreme court votes aye on gay marriage in june, what exactly does this mean? Are all bans struck down? Can everyone get married in all states? Or just those with a ban? Or what happens?

It depends exactly what the SCOUTS rules on and what it says in the ruling. They could, in theory, make a ruling that is very narrow and only applies to the specific question brought to them by the specific district. Had the SCOTUS decided to hear the case Prop 8 case from California, they could have made such a ruling (like the lower court did).

That said, my understanding is that the case the SCOTUS will hear is going to be hard to make it a narrow ruling, and it's not expected that the SCOTUS wants to even make a narrow ruling at this point. Indications are they are ready for a broad ruling that is going make same sex marriage legal in the entire US.

 

[trunks2k]

Ahhh okay, the way you guys were saying it was all or nothing, was just curious what made this different over prop 8.

In the prop 8 case, the state court had decided that same sex couples had a right to marry. Then Prop 8 was instituted, which took away that recognized right. A federal court said that you can't do that without good reason and the state hadn't presented a good reason to do it (there was previous precedent on this sort of thing, IIRC in Colorado). The state dropped trying to defend the law and a third party tried to defend the law and eventually appealed to the SCOTUS. The SCOTUS said the third party had no standing to bring the case to them, and the ruling fell back to whatever court had heard the case with a party that had standing (i.e. the state). If the state wanted, it COULD have decided to take the case back up, but didn't.

Ultimately the ruling in the prop 8 case was a very narrow one that only applied to California's specific situation. But it was an important one in that such a populous state would have legal same sex marriage and that it, combined with the DOMA ruling, was a strong indication on what the ultimate outcome is going to be for the entire US.

The current case that is to presented to be the SCOTUS is a much more broad and fundamental question that should apply to all states.