This paper traces the origins of the same-sex marriage movement from the landmark 1971 case of Jack Baker and James McConnell through 2013, examining the political and legal landscape of LGBT rights advocacy. It identifies key interest groups working for marriage equality—including Freedom to Marry, Marriage Equality USA, and the Gay and Lesbian Victory Fund—alongside opposing organizations such as Focus on the Family and the American Family Association. The paper documents significant legislative victories in 2013, including the Supreme Court's strike-down of DOMA and the legalization of same-sex marriage in New Jersey, Hawaii, and Illinois, while arguing for federal-level action to ensure equal marriage rights across all fifty states.
Former President Bill Clinton once said, "If proud Americans can be who they are and boldly stand at the altar with who they love...then surely, surely we can give everyone in this country a fair chance at that American dream." Same-sex marriage is a civil rights issue being fought for and against around the world. The movement became a major political issue in the 1970s when Jack Baker and James McConnell applied for a marriage license in Minnesota. They were denied on the grounds that they were both men. They appealed their case repeatedly until it reached the Supreme Court, which refused to hear it "for want of a substantial federal question." Both men then adopted a different strategy: Jack Baker legally changed his name to the gender-neutral name Pat Lynn, and their marriage license was subsequently approved. Soon after, they became the first same-sex couple to legally marry, launching what would become the modern same-sex marriage movement.
Their marriage was the beginning of many more to come and sparked the ongoing struggle for marriage equality. Without these pioneers taking the first step, the movement might not exist today, or it could be years behind where it currently stands.
Several prominent interest groups have championed same-sex marriage rights. Freedom to Marry operates two separate corporate entities to comply with legal requirements: Freedom to Marry, Inc., which focuses on education, organizing, and advocacy, and Freedom to Marry Action, Inc., which engages in legislative lobbying designed to end same-sex marriage discrimination at both state and national levels.
Marriage Equality USA is a volunteer-driven national grassroots organization whose mission is "to secure legally recognized civil marriage equality for all, without regard to sexual orientation or gender identity, at the state and federal level through grassroots organizing, education, action and partnerships." They employ multiple strategies including media campaigns, education outreach, and speaking engagements to reach the public.
The Gay and Lesbian Victory Fund works to "change the face and voice of American politics and achieve equality for LGBT Americans by increasing the number of openly LGBT officials at all levels of government." Since its founding in 1990, the organization has helped hundreds of gay and lesbian candidates run for office by raising campaign funds. All these interest groups labor daily to secure marriage rights for LGBTQ+ individuals across the country.
Organizations opposing same-sex marriage are equally organized and vocal. Focus on the Family is a Christian ministry dedicated to helping families thrive, providing resources for couples to build "healthy marriages that reflect God's design" and for parents to raise children according to biblical principles. They communicate their message through radio broadcasts, websites, simulcasts, conferences, interactive forums, magazines, books, and counseling services. While their primary mission is family support, they are known advocates against same-sex marriage.
The American Family Association (AFA) is a nonprofit 501(c)(4) organization founded in 1977. In its action statement, AFA identifies its focus areas as the preservation of marriage and family, decency and morality, the sanctity of human life, and media integrity. The organization has placed spokespersons on major television programs including ABC's Good Morning America, World News Tonight, and Nightline, as well as Fox News. The AFA organized a successful "Chick-fil-A Appreciation Day" rally after the chain was boycotted by LGBTQ+ activists, and the group successfully pressured JC Penney to discontinue Father's Day and Mother's Day advertisements featuring same-sex couples.
The Traditional Values Coalition (TVC), founded in 1980 by ordained minister Reverend Louis Sheldon, describes itself as America's largest nondenominational grassroots church lobby, representing more than 43,000 allied churches. In its mission statement, TVC states that it opposes what it views as sexual behaviors outside traditional marriage, including same-sex relationships. The organization actively lobbies against the Employment Non-Discrimination Act (ENDA), legislation intended to protect LGBTQ+ individuals and transgender people in employment and education.
The past years have witnessed significant legal progress for same-sex marriage advocates. The Supreme Court struck down the Defense of Marriage Act (DOMA) in a 5-4 decision, a landmark ruling that voided the federal law denying same-sex couples recognition and benefits. The Court also ruled that backers of Proposition 8, which had banned same-sex marriage in California, lacked legal standing to defend the 2008 law after California's governor and attorney general declined to defend the ban. These decisions provided crucial momentum for the equality movement.
In 2013 specifically, three states legalized same-sex marriage. In New Jersey, a state judge ruled on September 27 that the state must allow same-sex couples to marry, determining that denying recognition would violate the state constitution. In Hawaii, the House of Representatives passed a special session bill legalizing same-sex marriage on November 8, which the Senate approved on November 12 and Governor Neil Abercrombie signed the same day. Couples in Hawaii could begin marrying on December 2. In Illinois, Governor Pat Quinn signed the marriage equality law on November 20, making Illinois the 16th state to legalize same-sex marriage, with ceremonies beginning June 1.
LGBT equality advanced more in 2013 than in any previous year. The gay rights movement's next priorities include rallying against an amendment that would write Indiana's same-sex marriage ban into the state constitution, challenging Michigan's same-sex marriage ban in court, and potentially placing a same-sex marriage question on Oregon's 2014 ballot.
"Economic and equality arguments for federal law"
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