Missouri lawmakers have refused to remove now-defunct language barring same-sex marriages from state law, even though same-sex couples are allowed to wed. Hodges , the case that legalized marriage equality nationwide. Missouri also has a defunct ban on same-sex marriage within the constitution, but that would require voters to approve an amendment stripping that prohibition away. The state also has a law, approved by the legislature, that refuses to recognize same-sex marriages performed lawfully in other jurisdictions. During debate in the House, Rep.
The American Gay Rights Movement
History of the Gay Rights Movement
Those are answers to two of the more popular questions asked in the wake of the news Tuesday that the nation's chief executive wouldn't mind seeing the nation's legislators federal and state add some language to the Constitution that would limit who may marry whom in America. But there are plenty of other questions that haven't been asked and answered. So, in the spirit of giving you more information than you even know you want to have, here are eight more questions and answers surrounding the nascent debate over this particular effort to amend the constitution. What happens now in Congress? Good question. First, Congress has to decide whether it wants to even take up the issue.
Gay Marriage, Same Sex Marriage, and the Constitution
In the landmark case Obergefell v. Hodges, the U. Supreme Court ruled that all state bans on same-sex marriage were unconstitutional, making gay marriage legal throughout America.
In the United States, the availability of legally recognized same-sex marriage expanded from one state in to all fifty states in through various state and federal court rulings, state legislation, and direct popular votes. The fifty states each have separate marriage laws , which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right that is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution , as first established in the landmark civil rights case of Loving v. Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the s. Nelson saw the Supreme Court of the United States decline to become involved.