Latest Development: The U. Supreme Court has ruled that states cannot ban same-sex marriage, thereby requiring all states to issue marriage licenses to same-sex couples. Background and History: State legislatures, voters and more recently the courts have made sweeping changes over the past two decades in laws defining whether marriage is limited to relationships between a man and a woman or is extended to same-sex couples.
Proposition 8known informally as Prop 8was a California ballot proposition and a state constitutional amendment passed in the November California state elections. The proposition was created by opponents of same-sex marriage in advance  of the California Supreme Court 's May appeal ruling, In re Marriage Caseswhich followed the short-lived same-sex weddings controversy and found the previous ban on same-sex marriage Proposition 22unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court on different grounds inalthough the court decision did not go into effect until June 26,following the conclusion of proponents' appeals.
California's supreme court has upheld a ban on gay marriage in the state after voters used a referendum to overturn an earlier ruling in favour of recognising homosexual weddings. But the court ruled that the 18, gay marriages that have already taken place will continue to be recognised by the state government. The ruling is the latest twist in a social battle that is increasingly replacing abortion as a rallying point for conservatives after several states legalised gay marriage in the past years, with more expected to follow in the coming months, while others have passed laws barring them.
Windsor, last June, has become even more evident in the past month, thanks to a series of important lower-court decisions that have interpreted it broadly. Taken together, the decisions indicated that while the Supreme Court was willing to substantially advance the cause of same-sex marriage, it was not yet ready to find a constitutional right to marriage equality. Seven months later, it is now clear that gay-rights advocates and lower-court federal judges are not inclined to accept further delays—and, moreover, that the language of the Windsor decision may have been so powerful that the Court in fact accelerated a movement it sought to temporarily restrain.
The news spread across California through a flurry of tweets, texts, likes, links and media alerts: Same-sex marriage is now the law of the land. California legalized same-sex marriage two years ago, but supporters here said they were no less elated Friday to learn that the U. Supreme Court had extended the right to all Americans.
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. The ruling was a culmination of decades of struggles, setbacks and victories along the road to full marriage equality in the United States.
Same-sex marriage is legal in the U. The issuance of those licenses was halted during the period of November 5, through June 27, though existing same-sex marriages continued to be valid due to the passage of Proposition 8 —a state constitutional amendment barring same-sex marriages. Perrywhich restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.