I’ve blogged before on the topic of same-sex marriage. Federal Judges in many states have ruled that the state bans on same-sex marriage violate the federal constitution. In most of those states, the cases are on appeal. The states of Oregon and Pennsylvania may now be added to the list of states which are allowing gay marriage. The governors and attorneys general in those states decided not to appeal the decisions. Thus, those states will allow same-sex marriage going forward. Here is the complete list, in the order in which the state first allowed same-sex marriage:
- New Hampshire
- New York
- Washington (state)
- Rhode Island
- New Jersey
- New Mexico
(In addition to the states listed above, the District of Columbia allows same-sex marriage.)
Every state which prohibits same-sex marriage has litigation pending challenging that position, except one: North Dakota. As I mentioned, in many of those states, federal judges have already ruled the state ban to be unconstitutional. Those cases are on appeal to the U.S. Circuit Courts of Appeals. Eventually, one of these cases will wind its way up to the U.S. Supreme Court and we’ll have a resolution to this issue.
In the interim, there is a slow march toward acceptance of same-sex marriage by the population. Now, a recent poll shows 55% of people nationally support same-sex marriage while only 42% disapprove of it.
Stephen C. Hartnett, J.D., LL.M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128