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The Supreme Court Cases on Same-Sex Marriage

(Washington, DC) – In June 2013, the US Supreme Court will decide two cases on the right of same-sex couples to civil marriage. Human Rights Watch has long advocated the right of same-sex couples to marry based on the international human rights principles of nondiscrimination and equal protection of the law.

The Supreme Court heard arguments in the two cases on March 26 and 27, 2013. Hollingsworth v. Perry challenges California’s Proposition 8, which bans same-sex marriage. United States v. Windsorconcerns the denial of more than 1,000 types of federal benefits and programs to same-sex married couples under the 1996 Defense of Marriage Act (DOMA), which defines marriage as the union of a man and a woman.

Nine US states and the District of Columbia permit same-sex marriage. On November 6, 2012, the states of Maine, Maryland, and Washington passed ballot initiatives to allow same-sex marriages – the first time same-sex marriage was approved by popular vote anywhere. The other states that allow same-sex marriage are Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont.

Eleven other countries have enacted legislation that recognizes the right of same-sex couples to civil marriage. The first same-sex marriage law in the world went into effect on April 1, 2001, in the Netherlands. The other countries are Belgium, Canada, South Africa, Argentina, Spain, Portugal, Norway, Sweden, Denmark, and Iceland. In addition, parts of Mexico and Brazil permit same-sex marriage. Marriage equality legislative proposals are being discussed in the parliaments of New Zealand, France, Uruguay, and the United Kingdom. 

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