William Eskridge and Hans Johnson
For almost two generations, lesbian, gay, bisexual, and transgender (LGBT) persons have demanded equal treatment from the state for their committed relationships. For most of that period, American government has denied such claims, and leading politicians have disparaged them. In 1996, for example, Congress and President Clinton enacted the Defense of Marriage Act (DOMA), the most sweeping governmental discrimination against gay people in American history. When state judges have recognized marriage equality under state constitutions, there has been a much-noted backlash against such rulings. One example was California’s Proposition 8, which in 2008 overrode marriage equality through a voter initiative amending the state constitution.
For almost two generations, lesbian, gay, bisexual, and transgender (LGBT) persons have demanded equal treatment from the state for their committed relationships. For most of that period, American government has denied such claims, and leading politicians have disparaged them. In 1996, for example, Congress and President Clinton enacted the Defense of Marriage Act (DOMA), the most sweeping governmental discrimination against gay people in American history. When state judges have recognized marriage equality under state constitutions, there has been a much-noted backlash against such rulings. One example was California’s Proposition 8, which in 2008 overrode marriage equality through a voter initiative amending the state constitution.
