This post was submitted by matt

Last week, I reflected on my newfound impatience for full rights. The recent spate of gay marriage legalizations in Iowa and New England has made me realize that while we’ve come a long way, we’ve yet a long way to go. And I now know that I can’t wait any longer for my rights to be delivered. 

A look back in time really shows how far we’ve come. 

While the struggle for gay rights goes back before Stonewall, the fight for same-sex marriage gained a foothold in the Supreme Court’s Loving Decision. The 1967 case overturned miscegenation laws in the United States. It also opined that “Marriage is one of the ‘basic civil rights of man.’”

But the Court did not consider this to mean that marriage between same sex partners should be legal. Just a few years later, in Baker v. Nelson the Supreme Court refused to take up an appeal from Minnesota from two men denied a marriage license based solely upon their genders. The Supreme Court dismissed the appeal “for want of a substantial federal question.” Gay marriage, it seemed, would be left up to the individual states. In 1972, with the Baker ruling, the Supreme Court decided that marriage between persons of the same gender was not “one of the basic civil rights of man.”

Of course, the Court does change its mind. Plessy v. Ferguson ruled that segregation (seperate but equal) was constitutional in 1896. In 1954, the Court overturned that case with Brown v. Board of Education, which opined that seperate was inherently unequal. One day, I am confident that the Court will overturn Baker. After all, only recently, the Supreme Court reversed their 1986 decision in Bowers v. Hardwick with 2003′s Lawrence v. Texas, decriminalizing sodomy.

But I fear the Court has a long way to go before it is ready to legalize same-sex marriage. After all, the court ruled in Lawrence v. Texas that the issue was not discrimination against homosexuals (Equal Protection) but the right to privacy. And just this week, the Court refused to take up a challenge to Don’t Ask, Don’t Tell, apparently finding nothing uncostitutional about barring one group from the military. A challenge to bans on gay marriage could be making its way to the Court even as you read this.

Ted Olson and David Boies, famous for squaring off on opposite sides of the Bush v. Gore fight before the Supreme Court in 2000 that landed us with the first four years of Dubya, have now joined forces to launch a federal lawsuit challenging the (US) constitutionality of Proposition 8, which stripped the right of gays in California to marry. But while the reward is potentially great, should the Court rule in our favor, there is also considerable risk if they vote the other way. Many gay rights-supportive organizations, including the American Civil Liberties Union fear that the Court is not yet on our side.

But federal arguments aside, we’ve been making great strides of late in several of the states. Dick Cheney, now officially more liberal than President Obama on gay marriage, last week called for gay marriage to pass on a state-by-state basis, and so far, six states have obliged. Even more have gone so far as to offer almost all of the rights and responsibilites of marriage.

Full Marriage
It has been impossible to ignore the recent court rulings and legislative votes legalizing gay marriage in a handful of states. Gay marriage goes back only five years in the United States. In May of 2004, same-sex couples began to wed in Massachusetts. Now only sixty-one months later, gay nuptuials are being performed in three states, with three more coming on board by January 2010. At present 4.28% of the US population lives in a state where gays can marry. That number will rise to 5.35% by January 1, 2010 should the people’s veto fail in Maine and no new states join the ranks.

Massachusetts
The Bay State started it all. Long known for its liberal bent, the Puritans are clearly not in charge any more. In the court decision Goodridge v. Department of Health, the state supreme court gave Massachusetts 180 days to begin marrying same-sex couples. After five years, the marriage industry is going strong here. Future status: Safe.

California
On the West Coast, California performed gay marriages from June 16, 2008 until November 4 of that year. The result of the Supreme Court decision in re Marriage Cases gave gays the rights to marry. But opponents put up a fight and narrowly won Proposition 8, which amended the state Constitution to prohibit gay marriage. Supporters of the ballot measure won by 52.24% on November 4. A court challenge to the measure was recently rejected, but other appeals are ongoing. Supporters of gay marriage have vowed to put a Repeal Prop. 8 question on the ballot in 2011. Approximately 18,000 same-sex couples remain married in California. Future Status: Uncertain.

Connecticut
After having civil unions offering limited rights to gay couples for three years, the Connecticut legislature repealed the old marriage laws specifying opposite sex couples only, and just days after Proposition 8 passed in California, gay marriages began in the Constitution State. Future Status: Safe.

Iowa
In a suprise ruling, the Iowa Supreme Court earlier this year legalized gay marriage in the Hawkeye State. Marriages there began on April 27 of this year. Because amendments to Iowa’s constitution must pass the legislature in two consecutive sessions before going to the voters, and because the leadership of the legislature has refused to introduce such an amendment, gay marriage is safe in Iowa until 2012 at the least. It would seem that if the world doesn’t end due to gay marriage by then, Iowans might not be so opposed. Future Status: Probably Safe.

Vermont
The Vermont Legislature recently voted to create gay marriages. After being the first state to create Civil Unions with basically all of the rights and responsibilities of marriage, Vermont will become the fifth to perform actual gay marriages. Gay marriages begin in the Green Mountain State on September 1. Future Status: Safe.

Maine
Following other New England states’ gay marriage laws, Maine legalized gay marriage in a vote earlier this year. While the Maine Constitution, like other East Coast constitutions, is difficult to ammend, Maine does have a “People’s Veto.” Under this system, the opponents can stay the implementation of any legislation until a statewide vote can be taken by gathering enough signatures. An effort is already underway, and should enough signatures be gathered, it is likely gay marriage will be delayed from September 14, 2009 until at least November 2010, when a vote would be taken. It’s too early to project how a vote in the Pine Tree State would go. Future Status: Uncertain.

New Hampshire
The most recent state to legalize gay marrige did so only a few days ago with Governor John Lynch’s signature. Gay marriages will begin on January 1 of next year. A poll taken in April showed that 55% of New Hampshire residents supported gay marriage, so any effort to overturn this decision will face an uphill battle. Future Status: Safe.

All-But-Marriage
Over the past decade, more and more states have been granting parternship rights to gay couples. Some states either went the Marriage route directly as described above (Massachusetts, Iowa), or first created a system of Civil Unions or Domestic Partnerships which were then converted (Vermont). Other states don’t offer “Marriage,” but do offer some scheme by which gay couples can recieve most or all of the benefits of marriage except for the name “marriage.” At present, 21% of the US population lives in a state where gay couples have marriage or “all-but-marriage” schemes. Assuming none of the following laws are overturned and no new states join the rankings, that number will rise to 24.5% by January 1, 2010 – almost a quarter.

Vermont
Beginning July 1, 2000 Vermont started issuing Civil Unions to same-sex couples. This scheme was in response to a ruling of the Vermont Supreme Court in Baker v. Vermont. Therein the court ruled that gay couples were entitled to all of the rights of opposite-sex couples. However, the court did not rule that the word “marriage” needed to be used. As a result, Vermont’s first in the nation Civil Union program created an essentially equivalent scheme for gay couples to marriage. Beginning September 1, gay couples will be able to wed in Vermont (see above).

New Jersey
The second state to institute Civil Unions mostly equivalent to marriage was New Jersey. Prior to Civil Unions, New Jersey offered Domestic Partnerships with limited rights to gay couples (and others). After a Supreme Court ruling, New Jersey began offering equivalent Civil Unions on February 19, 2007. Polls show that a majority of New Jersey residents support full same-sex marriage. Prospect of Gay Marriage soon: Likely.

New Hampshire
Beginning January 1, 2008, New Hampshire became the first state to enact Civil Unions without a court order. These unions were essentially the same as marriage, but without the name. New Hampshire will begin offering marriage licenses on January 1, 2010 (see above).

Oregon
Beginning February 4, 2008, gay couples in Oregon were able to register for Domestic Partnerships. This scheme offers virtually all of the rights of full marriage in Oregon. However, the legislature was specific in avoiding the words “marriage” and “civil union.” Oregon does have a constitutional amendment barring gay marriage, however the constitution of Oregon is very easy to amend, like California’s. Prospect of Gay Marriage soon: Less Likely.

California
California’s Domestic Partnership law originally offered only limited benefits to same-sex couples. However, by 2008 the DP law offered most of the rights offered to married couples. Marriage was briefly legal for gay couples in California and 18,000 couples remain married (see above). Prospect of Gay Marriage soon: Uncertain.

Washington (State)
Last month, Governor Chris Gregoire signed the “everything but marriage bill” which will make Domestic Partnerships in Washington state essentially equivalent to marriage on July 26 of this year. A challenge is underway by petitioners known as Referendum 71 (2009). Some 120,500 signatures must be gathered by July 25 in order to stay the legislation until a vote can be held. Recent polling of Washington citizens shows that 73% support legal recognition of same-sex relationships. Washington has a state (legislative) statute barring gay marraige. Prospect of Gay Marriage soon: Less Likely.

Nevada
In late May 2009, the Nevada legislature overrode the governor’s veto of a Domestic Partnership bill granting the “exact” rights of marriage (but not the word “marriage”) to Nevadans. These Domestic Partnerships will begin on October 1, 2009. Nevada currently has an constitutional amendment barring gay marriage. Recent polling shows that only 38% of Nevadans support the recent Domestic Partnership Bill. Prospect of Gay Marriage soon: Unlikely.

Limited Partnership Rights
Several states offer limited partnership rights or recognize out-of-state same-sex marriages. The fluxuations on the chart below show that some states are moving toward greater rights for gay couples. For instance, at the end of 2007, California’s Domestic Partnerships became “all-but-marriage” so the blue line representing Limited Rights drops and is replaced by the rise of the orange line representing “All-But Marriage.”

Hawaii
The first state to offer limited partnership rights was Hawaii, beginning in 1997 with its Reciprocal Beneficiary Relationship scheme. This passed the legislature just one year before Hawaiians amended their constitution to bar same-sex marriage. The Reciprocal Beneficary Relationship offers a few of the benefits married couples recieve. Details here. Prospect of Gay Marriage soon: Less Likely. Efforts to create Civil Unions have been underway, however, but none have yet passed out of Senate committee.

California
California created limited partnership rights for gay couples in early 2000. Since that time, these rights have been expanded to an “all-but-marriage” status (see above).

District of Columbia
In 1992, the District Council and Mayor Sharon Pratt Kelly passed a limited Domestic Partnership bill. The US Congress, however, kept that bill from taking effect until the beginning of Fiscal Year 2002 (October 2001). This law offers limited rights to same-sex couples. Details here. Earlier this year, DC passed a law recognizing same-sex marriages performed in other states. Unless Congress intervenes, this bill will become law on July 6, 2009. Council members have stated that they will submit a bill legalizing gay marriage in the District. Opposition may come from Congress, which does have the power to override DC laws. However, a Democratic majority in Congress will help. Prospect of Gay Marriage soon: Likely.

New Jersey
Limited same-sex couple rights began in July 2004 in the Garden State. In February 2007, New Jersey upgraded their Domestic Partnerships to Civil Unions equivalent to Marriage (see above).

Connecticut
Beginning October 2005, citizens of Connecicut could recieve limited benefits for same-sex couples. These Civil Unions were upgraded to full marriage in November 2008 (see above).

Washington (state)
In July 2007, same-sex couples in Washington began to recieve 11 of the rights granted to married couples through limited Domestic Partnerships. A bill was recently signed into law by Governor Gregoire which will expand Domestic Partnerships to “all-but-marriage” (see above).

New York
In May 2008, Governor David Patterson directed that all state agencies should recognize same-sex marriages performed out-of-state. A bill to legalize gay marriage in New York has passed the state assembly and is stuck in the Senate. Monday’s change from Democratic to Republican control may well kill the bill for this legislative season. However, a majority of New Yorkers support gay marriage, so it can’t be too far off. Prospect of Gay Marriage soon: Likely.

Maryland
In July 2008, Maryland began to grant limited rights to same-sex couples through a Domestic Partnership program. Efforts to ammend the Maryland Constitution to bar gay marriage have thus far been unsucessful as have efforts to overturn the statute limiting marriage to a man and woman. Prospect of Gay Marriage soon: Less Likely.

Colorado
Beginning next month on July 1, same-sex couples in Colorado will be able to enter into a Designated Beneficiary Agreement. This is similar to Hawaii’s program, and offers limited benefits to the couple. Colorado passed an amendment barring same-sex marriage in 2006. Prospect of Gay Marriage soon: Unlikely.

So while we’ve definitely come a long way over the last several decades, the road is long. We have miles to go before we rest, but I’m confident that we’ll reach our goal – someday. As the trends show, the scales just might be starting to tip in our favor. And while I hope for same-sex marriage in all fifty states, it looks like Civil Unions and Domestic Partnerships can be effective stepping stones to full marriage – and they’re certainly better than nothing.

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