Talk about a turnaround.
Until 1993, Ireland, a majority Catholic nation, considered homosexuality a criminal offense. But on Saturday (May 23), its residents voted overwhelmingly to legalize same-sex marriage, becoming the first nation in the world to do so through the popular vote. Ireland now joins 18 other nations that have legalized gay marriage, with the Netherlands leading the charge in 2001. While gay marriage is allowed in certain states in the U.S., it’s still not legal nationwide.
In the United States, the legality of gay marriage nationwide remains hotly contested.
The Supreme Court in April took up the issue of same-sex marriage once again, hearing two and a half hours of arguments over whether the U.S. Constitution guarantees this right nationwide to same-sex couples.
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Although same-sex marriage is now legal in 37 states, that right’s not protected under federal law, and is still prohibited in 13 states (click on the LA Times map image at right for more detail, including a animated chronology).
In a potentially landmark case that could decide one of the biggest civil rights issues of this era , the nine justices are considering two questions:
1. Does the Equal Protection Clause of the Constitution’s 14th Amendment require states to allow same-sex marriages?
2. Does the 14th Amendment require that states that don’t permit same-sex marriages still recognize the marriages of same-sex residents who were married out-of-state?
A ruling from the court is expected in late June, with much anticipation of Justice Anthony Kennedy’s decision, which will likely tip the balance.
If the U.S. does legalize same-sex marriage, it will follow in the path of these 18 other nation’s that have all incrementally legalized the practice over the last 15 years. The Netherlands was the global pioneer, enacting legislation in 2001.
[Note that in the U.S. and Mexico, same sex marriage is only legal in certain jurisdictions.]
2001 The Netherlands
2003 Belgium
2005 Canada
2005 Spain
2006 South Africa
2009 Sweden
2009 Norway
2010 Portugal
2010 Iceland
2010 Argentina
2012 Denmark
2013 Uruguay
2013 New Zealand
2013 France
2013 England / Wales
2013 Brazil
2014 Luxembourg
2014 Scotland