We have entered a new era. Every single state with a ban against same-sex marriage has a lawsuit in place — now that the nation’s last unchallenged state, North Dakota, has lost that status. A lawsuit was filed last week to challenge that state’s bans, along with ones in Montana and South Dakota. While we in Pennsylvania are celebrating our hard-earned victory for marriage equality, the battle is just beginning in these and other states. But, these state-by-state battles are securing that an inevitable Supreme Court ruling will be in our favor.
The same-sex marriage movement has enjoyed a streak of more than a dozen victories in federal courts since Windsor v. United States. In six states we’ve had clean wins: New Jersey, Hawaii, Illinois, New Mexico, Oregon and Pennsylvania. Federal judges have invalidated bans in six other states — Utah, Oklahoma, Texas, Virginia, Michigan and Idaho — but those decisions have been stayed pending appeals. Lastly, in Arkansas, a state judge struck down that state’s ban; the ruling has been stayed and is under appeal. Regardless of the process, since Windsor, no state ban against same-sex marriage has survived a court challenge and the last two cases, in Oregon and Pennsylvania, were delivered with governing officials in both states saying they would not appeal. Same-sex couples are now allowed to legally marry in 19 states, and more than two in five Americans live in such states.