The History of the LGBTQ Movement and the Defense of Marriage Act: The Fight for Marriage Equality and the 2015 Supreme Court Decision

Introduction

The fight for marriage equality has been one of the most significant civil rights struggles of the modern era, involving decades of legal battles, social activism, and public discourse. At the heart of this struggle was the Defense of Marriage Act (DOMA), a federal law passed in 1996 that defined marriage as a union between one man and one woman, and which effectively denied federal recognition of same-sex marriages. The battle over DOMA, and its eventual defeat by the U.S. Supreme Court in 2013, set the stage for a broader movement that culminated in the landmark 2015 Supreme Court case Obergefell v. Hodges, which legalized same-sex marriage nationwide. This paper traces the history of the LGBTQ+ movement’s fight for marriage equality, the passing of DOMA, its eventual legal challenges, and the 2015 Supreme Court decision that secured the right to marry for same-sex couples across the United States.

The Early Struggles for LGBTQ+ Rights and Marriage Equality

Before the 1970s, LGBTQ+ individuals were largely invisible in the public sphere, and homosexuality was criminalized in many states. The early years of the LGBTQ+ movement focused on the decriminalization of homosexuality and the quest for social acceptance. The Stonewall Riots of 1969, in which LGBTQ+ individuals fought back against police harassment in New York City, marked a pivotal moment in the history of the movement. However, marriage equality was not immediately on the agenda.

It wasn’t until the 1970s that marriage equality began to surface as an issue for LGBTQ+ activists. In 1971, the first known same-sex marriage application was filed in Minnesota, though it was quickly denied. The late 20th century saw growing demands for equal rights, including the right to marry, for same-sex couples. Despite widespread resistance and legal barriers, LGBTQ+ activists continued to advocate for the recognition of same-sex relationships.

The Passage of DOMA: A Setback for Marriage Equality

The Defense of Marriage Act (DOMA) was signed into law by President Bill Clinton in 1996 in response to growing calls for the legalization of same-sex marriage. The law had two main provisions:

1. Section 1 defined marriage for federal purposes as the union between one man and one woman.

2. Section 2 allowed states to refuse to recognize same-sex marriages performed in other states.

DOMA was seen as a response to the growing momentum for LGBTQ+ rights in the 1990s, including the recognition of same-sex couples' legal rights in some states. The law sought to preserve the traditional definition of marriage and prevent the federal government from recognizing same-sex marriages.

Although DOMA did not outright ban same-sex marriage, it effectively prevented same-sex couples from accessing over 1,000 federal benefits and protections that were available to opposite-sex married couples, including tax benefits, inheritance rights, and healthcare coverage.

The passage of DOMA was a significant setback for the LGBTQ+ community, but it also galvanized activists to challenge the law in the courts. Advocates for marriage equality began organizing to demonstrate that same-sex couples deserved the same legal rights as heterosexual couples, including the right to marry.

Legal Challenges to DOMA

In the years following the passage of DOMA, same-sex marriage continued to gain support across the country. The movement for marriage equality took off at the state level, with several states, including Massachusetts (2004), California (2008), and Iowa (2009), legalizing same-sex marriage through judicial rulings or legislative action. However, DOMA remained a significant barrier at the federal level.

One of the first major legal challenges to DOMA came in 2009 when the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of several same-sex couples who were denied federal benefits under the law. This suit was followed by other legal challenges across the country.

In 2013, the U.S. Supreme Court heard a key case, United States v. Windsor, which involved Edith Windsor, a woman who was required to pay over $360,000 in estate taxes upon the death of her wife, Thea Spyer. Had Windsor’s marriage been recognized by the federal government, she would have been exempt from these taxes. The Court ruled in a 5-4 decision that Section 3 of DOMA, which defined marriage as a union between one man and one woman for federal purposes, was unconstitutional, violating the Fifth Amendment’s guarantee of equal protection. This decision was a historic victory for the LGBTQ+ movement, as it invalidated the federal ban on same-sex marriage and granted same-sex couples federal recognition and access to benefits like tax exemptions, health insurance, and Social Security survivor benefits.

Although Windsor did not legalize same-sex marriage nationwide, it set the stage for the next major legal battle—the movement for nationwide marriage equality.

The Path to Marriage Equality: State-by-State Advances

After the Windsor decision, the momentum for same-sex marriage legalization continued to build. States like New York, Maryland, and Washington passed laws legalizing same-sex marriage in 2011 and 2012. However, same-sex marriage was still not legal in many parts of the country, and there were significant regional disparities in legal recognition of same-sex relationships.

In 2013, the year of Windsor, the U.S. Supreme Court also ruled in Hollingsworth v. Perry that Proposition 8, California’s voter-approved ban on same-sex marriage, was unconstitutional. This ruling cleared the way for same-sex marriage to resume in California, the most populous state in the country.

The legal landscape began to shift rapidly after Windsor, as federal courts ruled in favor of marriage equality in a wave of cases. By 2014, same-sex marriage was legal in more than 30 states, largely due to decisions from federal district courts and appellate courts striking down state bans on same-sex marriage as unconstitutional.

The Final Victory: Obergefell v. Hodges (2015)

The movement for marriage equality reached its zenith on June 26, 2015, when the U.S. Supreme Court issued its ruling in Obergefell v. Hodges. In this landmark case, the Court addressed whether the Fourteenth Amendment guarantees same-sex couples the right to marry and have their marriages recognized in all states.

In a 5-4 decision, the Supreme Court ruled that the right to marry is a fundamental right guaranteed by the Constitution, and that same-sex couples could not be denied the right to marry. Justice Anthony Kennedy, writing for the majority, concluded that:

"The right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals. It is central to individual autonomy and to the security of the family."

The decision effectively legalized same-sex marriage nationwide, ensuring that no state could deny same-sex couples the right to marry or refuse to recognize marriages performed in other states. The ruling was a historic moment in the fight for LGBTQ+ rights, marking the culmination of decades of activism and legal challenges.

The Obergefell decision was celebrated as a victory for equality, marking a profound shift in public attitudes toward LGBTQ+ people. It was seen as a moment of social progress, reflecting changing views on marriage, family, and LGBTQ+ rights. The ruling also brought an end to the legal battles over DOMA, affirming that the federal government must recognize same-sex marriages and grant same-sex couples the same legal rights and protections as opposite-sex couples.

Conclusion

The passage and eventual dismantling of the Defense of Marriage Act (DOMA) were pivotal moments in the history of the LGBTQ+ rights movement. While DOMA represented a significant legal and cultural barrier, its eventual defeat in the courts helped pave the way for the nationwide recognition of same-sex marriage. The Supreme Court’s 2015 decision in Obergefell v. Hodges was a landmark ruling that affirmed the fundamental right of all Americans, regardless of sexual orientation, to marry the person they love. This victory was the culmination of decades of advocacy, activism, and legal challenges, and it marked a defining moment in the ongoing struggle for LGBTQ+ equality in the United States. While there is still work to be done to address other issues facing the LGBTQ+ community, the fight for marriage equality remains one of the most significant triumphs in the history of civil rights in the United States.

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