Same-sex marriage in South Carolina

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Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer , which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Contents

Restrictions

In 1996, the South Carolina House of Representatives, by a vote of 82 to 0, passed a statute defining marriage as "between one man and one woman". The South Carolina Senate passed the bill on a voice vote, and Governor David Beasley signed it into law. [1]

On March 1, 2005, the House of Representatives approved Amendment 1, a constitutional amendment banning same-sex marriage and any "lawful domestic union", by a vote of 96 to 3. On April 13, 2005, the Senate passed the amendment by a vote of 42 to 1, and on November 7, 2006, South Carolina voters approved the amendment. Constitutional amendments in South Carolina need to be approved by two-thirds of each house of the General Assembly, approved by the people in an election, and then ratified by a majority of each house of the Assembly. On January 25, 2007, the House of Representatives ratified the amendment 92 to 7, and on February 27, 2007, the Senate voted 41–1 to ratify the amendment. [2] [3] [4]

Lawsuits

Bradacs v. Haley

On August 28, 2013, Tracie Goodwin and Katie Bradacs, who had married in the District of Columbia in April 2012 and were raising three children, filed a lawsuit, Bradacs v. Haley, in the U.S. District Court for the District of South Carolina, challenging the state statute and constitutional amendment that denied legal recognition to same-sex marriages established in other jurisdictions. The plaintiffs were a state highway patrol officer and a disabled veteran of the U.S. Air Force. They named Governor Nikki Haley and Attorney General Alan Wilson as defendants. The case was initially assigned to U.S. District Judge Joseph F. Anderson, [5] [6] but was reassigned to Judge J. Michelle Childs on October 18, 2013. On April 22, 2014, Judge Childs stayed proceedings in Bradacs until the Fourth Circuit Court of Appeals ruled on the Virginia case of Bostic v. Schaefer , but she allowed briefing to continue. [7]

Bostic v. Schaefer was resolved in favor of same-sex marriage on October 6, 2014, with the decision of the U.S. Supreme Court not to hear an appeal in the case, [8] leaving Bostic as binding precedent on federal courts in South Carolina. [9] Attorney General Wilson announced the same day that he would continue to defend the state's same-sex marriage ban in Bradacs. [10] Judge Childs then lifted the stay of proceedings in Bradacs. [11] The plaintiffs filed a motion for summary judgment on October 20. [12] On November 18, Judge Childs issued a permanent injunction against enforcement of the same-sex marriage ban only to the extent that the state refused to recognize "valid marriages of same-sex couples entered into in other states or jurisdictions and otherwise meet the prerequisites for marriage in the State of South Carolina, except that they are of the same sex" or denied equal treatment to the same. [13]

Condon v. Haley

On October 8, 2014, Charleston County Probate Judge Irvin Condon, citing the ruling in Bostic, accepted a marriage license application presented by a lesbian couple, Colleen Condon and Nichols Bleckley, the first in the state. [14] In other parts of the state, probate judges refused to accept marriage license applications pending a final decision in Bradacs. Attorney General Wilson filed Wilson v. Condon, requesting an emergency injunction from the South Carolina Supreme Court to halt the issuance of marriage licenses to same-sex couples. On October 9, the Supreme Court agreed to halt the issuance of licenses pending the resolution of Bradacs. Because a South Carolina couple cannot receive a marriage license until 24 hours after their marriage license application was accepted, no marriage licenses were issued to same-sex couples in South Carolina during this time. [15] On October 15, 2014, citing Bostic, Condon and Bleckley, represented by Lambda Legal and SC Equality, filed suit in federal district court seeking the right to marry. The defendants included Governor Haley, Attorney General Wilson, and Judge Condon, the state judge who was enjoined from licensing same-sex marriages a week earlier by the South Carolina Supreme Court. [16] On November 12, U.S. District Judge Richard Gergel ruled for the plaintiffs and stayed his decision until noon on November 20. [17] The Fourth Circuit Court of Appeals denied the state's request for a stay pending appeal or a temporary stay on November 18. [18] Attorney General Wilson asked Chief Justice John Roberts, as Circuit Justice for the Fourth Circuit, for an emergency stay pending appeal later that day. [19] He made an argument other states in similar cases had not made to the Supreme Court, that the principle of federalism known as the "domestic relations exception"–which restricts the role of federal courts in certain areas reserved to the states–required clarification. [20] Justice Roberts referred the request to the full court, which denied it on November 20, with Justices Antonin Scalia and Clarence Thomas dissenting. [21]

On the morning of November 19, 2014, Judge Condon began to issue marriage licenses to those who had applied prior to the South Carolina Supreme Court's order. Kayla Bennett and Kristin Anderson held their marriage ceremony outside of the Charleston County Probate Court, marking the state's first licensed same-sex marriage. [22] Some probate courts began processing marriage license applications for same-sex couples on November 19, and more of them on November 20. [23] Lexington County Probate Judge Daniel Eckstrom announced on November 20 that his county would continue to deny marriage licenses to same-sex couples "until this matter is conclusively resolved" or he is ordered to do so. The county reversed itself that same day and began to issue marriage licenses. [24]

On December 1, Wilson asked the Fourth Circuit to suspend proceedings in Condon pending U.S. Supreme Court action on writs of certiorari on other same-sex marriage cases from the Sixth Circuit Court of Appeals. He told the court that he would be submitting a request for certiorari before judgment in Condon as well and that the other parties to this case did not object to his request. [25] On December 16, the Fourth Circuit consolidated Bradacs and Condon as Bleckley v. Wilson and put proceedings on hold pending action by the U.S. Supreme Court on certiorari petitions. [26] On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a fundamental right to marry under the Due Process and Equal Protection clauses of the Fourteenth Amendment. The decision legalized same-sex marriage nationwide in the United States. In August 2015, Judge Gergel ordered Wilson in his official capacity as Attorney General to pay more than $134,000 in attorney's fees to the plaintiffs who successfully challenged the state's ban on same-sex marriage. [27]

Swicegood v. Thompson

On March 13, 2014, Cathy Swicegood filed for divorce from Polly Thompson in a state trial court, alleging that they were common-law married. Swicegood and Thompson had been together for 13 years, shared a home, bank accounts and other property, and Swicegood was also covered under Thompson's health insurance plan. The lawsuit asked that a judge officially recognize Swicegood's union with Thompson and order that their joint property be equitably divided. Thompson filed a motion to dismiss for lack of subject-matter jurisdiction because the parties were not married and lacked the capacity to marry at the time. A family court dismissed Swicegood's action on May 7, 2014, ruling that a common-law marriage between two persons of the same sex was not legally possible according to state statutes. Swicegood appealed. In an unpublished opinion, the South Carolina Court of Appeals later remanded the case back to the family court with instructions to "consider the implications of Obergefell on its subject-matter jurisdiction". The family court ruled upon remand that the couple could not have formed a common-law marriage because the state's same-sex marriage ban was in place throughout the couple's 13 years together. The Court of Appeals affirmed the lower court's decision upon appeal on July 1, 2020, determining that South Carolina prohibited same-sex couples from "forming the requisite intent to be married at common-law" prior to the November 2014 decision in Condon. [28] On November 10, 2021, the South Carolina Supreme Court, basing its reasoning on Obergefell, which held that state same-sex marriage bans are void ab initio, dispensed with briefing and vacated the provision of the Court of Appeals' opinion that same-sex couples could not form common-law marriages prior to November 2014. However, because Swicegood did not hold herself out as married during the times she lived with Thompson, the Supreme Court upheld the finding that no common-law marriage existed. South Carolina prospectively abolished common-law marriage in 2019 in Stone v. Thompson. [29]

Developments after legalization

In January 2016, a group of five Republican lawmakers and one Democrat introduced the South Carolina Natural Marriage Defense Act to the General Assembly. [lower-alpha 1] The bill sought to prohibit state officials from marrying same-sex couples and require the Attorney General to defend any official who is sued or ordered by a federal judge to issue marriage licenses to same-sex couples. It would have thus been in violation of the U.S. Constitution, [30] and died at the end of the legislative session in June 2016. [31] A similar bill was introduced and subsequently defeated in Tennessee that same year. On February 15, 2018, six Republican lawmakers introduced the Marriage and Constitution Restoration Act to the General Assembly. [lower-alpha 2] [32] The bill died without any legislative action on May 10, 2018, when the Assembly adjourned sine die. Had the bill been approved, it would have defined marriage as a "union between a man and a woman", declared all same-sex marriages "parody marriages" and prohibited the state from recognizing such "parody marriages". The bill would have thus been in violation of Obergefell v. Hodges, the 2015 Supreme Court ruling which found that same-sex couples have a constitutional right to marry, as well as the U.S. Constitution, which the lawmakers took an oath to uphold. [33]

During an October 2022 gubernatorial debate, Governor Henry McMaster said that he would enforce a same-sex marriage ban in South Carolina if the U.S. Supreme Court were to overturn Obergefell v. Hodges, [34] despite the majority of South Carolinians supporting same-sex marriage. [35]

Native American nations

The federal court ruling does not apply to the Catawba Nation, which has jurisdiction over marriages and divorces performed under tribal law. It is unclear if same-sex marriage is legal on the reservation as tribal officials have not publicly commented on the issue. [36]

While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. [37] It is possible that the Catawba people traditionally allowed for marriages between two biological males through a two-spirit status, but a lot of traditional knowledge was lost in the aftermath of colonization, and so it is unknown if such two-spirit individuals were historically allowed to marry. Two-spirit people, known in Catawba as hįnda nąpαri, [38] were born male but wore women's clothing and performed women's work in the community. [37]

Demographics and marriage statistics

Data from the 2000 U.S. census showed that 7,609 same-sex couples were living in South Carolina. By 2005, this had increased to 10,563 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state and constituted 1.1% of coupled households and 0.6% of all households in the state. Most couples lived in Charleston, Greenville and Richland counties, but the counties with the highest percentage of same-sex couples were Allendale (0.79% of all county households) and Calhoun (0.73%). Same-sex partners in South Carolina were on average younger than opposite-sex partners, and more likely to be employed. However, the average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 21% of same-sex couples in South Carolina were raising children under the age of 18, with an estimated 3,370 children living in households headed by same-sex couples in 2005. [39]

Richland County, home to the state capital of Columbia, had issued 422 marriage licenses to same-sex couples by June 26, 2016, one year after the Obergefell decision. In that same time period, Charleston County, South Carolina's third-most populous county, had issued 387 licenses to same-sex couples. [40]

The 2020 U.S. census showed that there were 7,810 married same-sex couple households (3,159 male couples and 4,651 female couples) and 6,565 unmarried same-sex couple households in South Carolina. [41]

Public opinion

An August 2011 Public Policy Polling (PPP) survey found that 21% of South Carolina voters thought same-sex marriage should be legal, while 69% thought it should be illegal and 10% were not sure. A separate question on the same survey found that 48% of South Carolina voters supported the legal recognition of same-sex couples, with 19% supporting same-sex marriage, 29% supporting civil unions but not marriage, 51% favoring no legal recognition and 1% not sure. [42] A December 2012 PPP survey found that 27% of South Carolina voters thought same-sex marriage should be legal, while 62% thought it should be illegal and 11% were not sure. A separate question on the same survey found that 54% of South Carolina voters supported the legal recognition of same-sex couples, with 25% supporting same-sex marriage, 29% supporting civil unions but not marriage, 43% favoring no legal recognition and 3% not sure. [43]

An October 2013 Winthrop University poll found that 39% of South Carolina adults thought same-sex marriage should be legal, while 52% thought it should be illegal and 9% were not sure. [44] A February–March 2015 Winthrop University poll found that 43% of adult respondents thought same-sex marriage should be legal, while 53% thought it should be illegal. [45]

A 2017 Public Religion Research Institute (PRRI) poll found that 53% of South Carolina residents supported same-sex marriage, while 37% were opposed and 10% were unsure. [46] A PRRI survey conducted between January 7 and December 20, 2020, on 944 random telephone interviewees showed that 53% of respondents supported same-sex marriage, while 42% were opposed. [47] A survey conducted by the same polling organization between March 8 and November 9, 2021, showed that 50% of respondents supported same-sex marriage, while 48% opposed. [35]

According to a PRRI survey conducted between March 11 and December 14, 2022, 55% of South Carolina respondents supported same-sex marriage, while 40% were opposed. [48] A 2023 PRRI poll showed that 52% of South Carolina respondents supported same-sex marriage, while 45% were opposed and 3% were undecided or had refused to answer. [49]

See also

Notes

  1. The bill's sponsors were Bill Chumley, Mike Burns, Richie Yow, Lonnie Hosey, Garry R. Smith, and Dennis Moss.
  2. The bill's sponsors were Steven Wayne Long, Bill Chumley, Mike Burns, John R. McCravy III, and Josiah Magnuson. Representative Rick Martin was removed as a sponsor on February 22.

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in the United States</span>

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. 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 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 1967 landmark civil rights case of Loving v. Virginia.

<span class="mw-page-title-main">2006 Virginia Question 1</span> Amendment to the Constitution of Virginia

2006 Virginia Question 1, the Marshall-Newman Amendment is an amendment to the Constitution of Virginia that defines marriage as solely between one man and one woman and bans recognition of any legal status "approximat[ing] the design, qualities, significance, or effects of marriage". The amendment was ratified by 57% of the voters on November 7, 2006. It became part of the state Constitution as Section 15-A of Article 1. In 2014, the amendment was ruled unconstitutional in Bostic v. Schaefer.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.

Same-sex marriage has been legal in Louisiana since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The court held that the denial of marriage rights to same-sex couples is unconstitutional, invalidating Louisiana's ban on same-sex marriage. The ruling clarified conflicting court rulings on whether state officials are obligated to license same-sex marriages. Governor Bobby Jindal confirmed on June 28 that Louisiana would comply with the ruling once the Fifth Circuit Court of Appeals reversed its decision in a Louisiana case, which the Fifth Circuit did on July 1. Jindal then said the state would not comply with the ruling until the U.S. District Court for the Eastern District of Louisiana reversed its judgment, which it did on July 2. All parishes now issue marriage licenses in accordance with federal law.

Same-sex marriage has been legal in Ohio since the U.S. Supreme Court's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.

Same-sex marriage has been legally recognized in West Virginia since October 9, 2014. On July 28, 2014, a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia's ban on same-sex marriage unconstitutional. On October 6, 2014, the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. As a result, on October 9, 2014, Governor Earl Ray Tomblin announced he was ordering state agencies to act in compliance with the controlling precedent in the Virginia case. Even though West Virginia's ban had not been explicitly declared unconstitutional, the Fourth Circuit precedent made it certain the state's statutory ban would be overturned. The state started issuing marriage licenses to same-sex couples that same day. The U.S. District Court for the Southern District of West Virginia officially ruled the state's same-sex marriage ban unconstitutional on November 7, 2014.

<span class="mw-page-title-main">LGBT rights in South Carolina</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of South Carolina may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide.

Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.

Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

This is a list of notable events in the history of LGBT rights that took place in the year 2014.

Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.

Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.

Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

<i>Bostic v. Schaefer</i> United States federal lawsuit challenging range same-sex marriage bans

Bostic v. Schaefer is a lawsuit filed in federal court in July 2013 that challenged Virginia's refusal to sanction same-sex marriages. The plaintiffs won in U.S. district court in February 2014, and the Fourth Circuit Court of Appeals upheld that ruling in July 2014. On August 20, 2014, the U.S. Supreme Court stayed enforcement of the Fourth Circuit's ruling pending the outcome of further litigation. State officials refused to defend the state's constitutional and statutory bans on same-sex marriage.

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory same-sex marriage bans unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevents that state from enforcing its bans and then stayed its injunction until stays are lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the District of Columbia, and Guam.

Same-sex marriage has been legal in the U.S. state of Georgia since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Attorney General Sam Olens announced that Georgia would "adhere to the ruling of the Court", and the first couple married just one hour after the ruling was handed down. Previously, Georgia had banned same-sex marriage both by statute and its State Constitution.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

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