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The March Toward Marriage Equality in a Post-Windsor Nation
In the march toward marriage equality, the Supreme Court's decision in United States v. Windsor , 133 S. Ct. 2675 (2013), continues to resonate, as federal district courts across the country have relied upon it in striking down state bans on same-sex marriage. Indeed, since the landmark Windsor ruling in June 2013, every federal court that has heard a challenge to a state's law prohibiting same-sex marriage has declared the law unconstitutional, citing the reasoning of the majority in Windsor.
As noted in our earlier examination of Windsor's impact (See The Matrimonial Strategist, Dec. 2013, http://bit.ly/1jx15K4), in the months following the Supreme Court's decision, more than a dozen lawsuits were commenced in state and federal courts seeking to overturn state same-sex marriage bans. By mid-December, four states ' New Jersey, Hawaii, Illinois and New Mexico ' joined the 13 others (and the District of Columbia) that had legalized same-sex marriage prior to Windsor. Since then, federal trial judges have overturned bans on same-sex marriage in Oklahoma, Utah, Virginia, Texas, Michigan, Idaho, Oregon and Pennsylvania, all with a nod to the Windsor decision. And in related decisions, federal judges in Kentucky, Tennessee, Ohio and Indiana have ruled that those states, which have not legalized same-sex marriage, must nevertheless recognize out-of-state same-sex marriages based on Windsor .
Justice Scalia's Prediction of Windsor's 'Inevitable' Impact
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