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One could become wistful about the time in history when marriage was a settled affair, when everyone agreed on what it was, when no nation on the planet would have entertained the idea of legalizing same-sex marriage. But wistfulness is usually reserved for times long ago and places far away—not for a state of affairs that existed less than a decade ago.

In December 2000, the Dutch parliament became the first to pass legislation that gave same-sex couples the right to marry, divorce, and adopt children. On April 1 of the following year, the mayor of Amsterdam officiated, for the first time in human history, at the ceremonies of the first four gay couples. In the ensuing eight years, Belgium (2003), Spain (2005), Canada (2005), South Africa (2006), and Norway (2008) followed the Netherlands' lead, and Sweden may now not be far behind.

While we shake our heads at those libertine Dutch, traditional marriage was challenged in the U.S. even earlier, in 1993, when the Hawaii Supreme Court ruled that the state's prohibition of same-sex marriages amounted to discrimination on the basis of sex. For the first time in U.S. history, a state supreme-court ruling suggested that gay couples may have the right to marry.

Social conservatives were galvanized into action and enacted a series of protective measures. Congress passed and President Bill Clinton signed the Defense of Marriage Act (doma) in 1996. Three states soon adopted constitutional same-sex marriage bans: Alaska (1998), Nebraska (2000), and Nevada (2000).And in a few years, 42 states enacted statutes similar to doma (although three of those bans have since been overturned).

Gay marriage advocacy was given new life with Massachusetts's historic 2003 high court ruling, which ...

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In the Magazine

July 2009

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