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 many of those states, the cases are on appeal. The U.S. Supreme Court refused to hear appeals from the Fourth, Seventh, and Tenth Circuit U.S. Courts of Appeals decisions which had struck bans against same-sex marriage in Indiana, Oklahoma, Utah, Virginia, and Wisconsin. Thus, those states are added to the list of states allowing gay marriage, bringing it to 25 (plus the District of Columbia). Here is the complete list, in the order in which the state first allowed same-sex marriage:
- Massachusetts
- California
- Connecticut
- Iowa
- Vermont
- New Hampshire
- New York
- Washington (state)
- Maine
- Maryland
- Rhode Island
- Delaware
- Minnesota
- New Jersey
- Hawaii
- Illinois
- New Mexico
- Oregon
- Pennsylvania
- Colorado
- Indiana
- Oklahoma
- Utah
- Virginia
- Wisconsin
(In addition to the states listed above, the District of Columbia allows same-sex marriage.)
Those Courts of Appeals, whose decisions striking same-sex marriage bans were allowed to stand by the U.S. Supreme Court, also cover many other states with current same-sex marriage bans. The Fourth Circuit covers North Carolina, South Carolina, and West Virginia while the Tenth Circuit covers Kansas and Wyoming, all of which have same-sex marriage bans. So, bans in those states will be falling in the near future. (No state in the Seventh Circuit has a gay marriage ban intact.) Here is a geographic territorial map of the U.S. Courts of Appeals.
The U.S. Supreme Court appears to be staying out of same-sex marriage decisions, at least until there is a split in the Circuits.
Now, 54% of the country lives in one of the 25 states and the District of Columbia which allow same-sex marriage.
Stephen C. Hartnett, J.D., LL.M.
Associate Director of Education
American Academy of Estate Planning Attorneys, Inc.
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You seem to have left out any reference to the Ninth Circuit and our home state of Nevada.
Robert, thanks so much for your comment. The Ninth Circuit decision is interesting, but was handed down after I drafted my blog. Also, the decision of the Ninth Circuit could still be appealed to the U.S. Supreme Court. If the U.S. Supreme Court refuses to hear the case(s) from the Ninth Circuit, then it would be on par with the decisions of the Fourth, Seventh, and Tenth Circuits. Again, thanks so much for your comments and I’ll continue to blog about this topic when there are further developments in this fast-moving area.