U.S. state constitutional amendments banning same-sex unions

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U.S. state constitutional amendments banning same-sex unions

U.S. state constitutional amendments banning same-sex unions refer to amendments to state constitutions in the United States that explicitly prohibit the recognition of same-sex marriage or any legal status similar to marriage for same-sex couples. These amendments were primarily enacted during the late 20th and early 21st centuries as a response to the growing movement for LGBT rights and the legalization of same-sex marriage in various jurisdictions.

History

The movement to ban same-sex unions through state constitutional amendments gained momentum in the 1990s and early 2000s. The first state to pass such an amendment was Hawaii in 1998, which allowed the state legislature to reserve marriage to opposite-sex couples. This was followed by a wave of similar amendments in other states, particularly after the legalization of same-sex marriage in Massachusetts in 2004.

Notable Amendments

Several states passed notable amendments banning same-sex unions:

• Alabama: In 2006, Alabama voters approved Amendment 774, which defined marriage as a union between one man and one woman.
• California: In 2008, California voters passed Proposition 8, which added a new provision to the state constitution stating that "only marriage between a man and a woman is valid or recognized in California."
• Florida: In 2008, Florida voters approved Amendment 2, which defined marriage as the legal union of only one man and one woman.
• Texas: In 2005, Texas voters approved Proposition 2, which defined marriage as a union between one man and one woman and prohibited the state from recognizing any legal status identical or similar to marriage.

Legal Challenges and Repeals

Many of these amendments faced legal challenges in both state and federal courts. The landmark U.S. Supreme Court decision in Obergefell v. Hodges (2015) effectively invalidated all state constitutional amendments banning same-sex marriage by ruling that same-sex couples have a constitutional right to marry under the Fourteenth Amendment.

Impact

The passage of these amendments had significant social and legal impacts. They not only prevented same-sex couples from marrying but also denied them various legal protections and benefits associated with marriage. The amendments also fueled public debates and activism around LGBT rights and equality.

Related Pages

• Same-sex marriage in the United States
• LGBT rights in the United States
• Obergefell v. Hodges
• Defense of Marriage Act
• Proposition 8

See Also

• Marriage
• Civil union
• LGBT rights by country or territory
• Fourteenth Amendment to the United States Constitution