Marriage
Regardless of how completely their lives are intertwined or how deeply they care for each other, individuals in same-sex relationships frequently are treated like strangers under the law — and none are afforded full equality in this country. This unequal treatment causes concrete and devastating harm. It most deeply affects those with children, those with fewer financial resources, people of color, senior citizens or those with less access to education. In addition, the government's denial of legal statuses and protections available to different-sex couples brands lesbians and gay men as second class. Lambda Legal will continue to seek an end to discrimination in access to civil marriage so that same-sex couples in this country have the same choices other couples have, including whether or not to marry.
At last count, the United States General Accounting Office reported 1,138 federal rights, protections and benefits that come with marriage. That means heterosexual married couples automatically receive these rights and protections, while same-sex couples — even those in civil unions, domestic partnerships and marriages — do not. Read more about 1138.
Find more resources for Protecting Same-Sex Relationships
National Context
In the United States, same-sex couples can marry in only one state: Massachusetts. There are currently lawsuits seeking marriage for same-sex couples in four states (California, Connecticut, Iowa and Maryland). In 1993, Lambda Legal helped to bring the case in Hawaii that led to the first-ever ruling by a state supreme court that a barrier to marriage constitutes sex discrimination under its state constitution. In 1996, Lambda Legal won a ruling at the trial courtTrial Court Court that hears the original arguments in a case, may include a jury (more keywords) that none of the reasons offered by the state of Hawaii for denying civil marriage to same-sex couples had merit. Unfortunately, antigay groups poured millions of dollars into Hawaii and voters approved a constitutional amendmentConstitutional Amendment A change to the constitution of a nation or a state (more keywords) in 1998, empowering the legislature to bar civil marriage for same-sex couples.
Lambda Legal's Impact
Until recent times, no protections or benefits were available to same-sex couples in this country. As a result of the struggle for marriage equality and other advances in the LGBT civil rights movement, as many as 21 percent of all same-sex couples now have access to some type of legal protection or status through civil marriage, civil unions or domestic partner-type laws. These protections have enormous impact on the lives of same-sex couples and their families and represent significant movement forward toward equality. Our cases seeking marriage equality in California (with partner organizations) and Iowa continue to move the law forward and keep up public debate on the issue, as we provide community education about the importance of civil marriage equality and legal information to couples and families.
Status of Same-Sex Relationships Nationwide
