Same-sex marriage in the United States Virgin Islands

Last updated

Same-sex marriage has been legal in the United States Virgin Islands since July 9, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges . On June 26, 2015, the Supreme Court ruled that same-sex couples have a constitutional right to marry under the Equal Protection and Due Process clauses of the Fourteenth Amendment, legalizing same-sex marriage in the U.S. Virgin Islands.

Contents

On June 30, Governor Kenneth Mapp said the territorial government would comply with the ruling, and on July 9 he signed an executive order requiring the government to extend marriage rights to same-sex couples. [1] The first marriage licenses were granted on July 21, 2015, after the first same-sex couples to apply for licenses did so on July 13, beginning the 8-day waiting period between applying for and receiving marriage licenses. [2]

Background

The statutes of the U.S. Virgin Islands state that "marriage is hereby declared to be a civil contract which may be entered into between a male and a female in accordance with the law." [3]

In May 2014, Senator Judi Buckley introduced draft legislation to the Legislature of the Virgin Islands to legalize same-sex marriage. Called the Civil Marriage Equality Act, it would have replaced "between a male and a female" with "between two persons". It included language that would have allowed anyone authorized to perform a wedding ceremony to decline to do so for any reason. She anticipated that it would take several months for its language to be reviewed. [4] Buckley expected that she and Governor John de Jongh, who she said would sign the legislation, would leave office in January 2015 before the bill would come to a vote. [5] Supporters of the legislation included Liberty Place, an LGBT advocacy organization based in Saint Croix. [4]

A group of church leaders organized One Voice Virgin Islands to oppose the legislation and plan a petition drive that aimed to collect 50,000 signatures. [4] The group authored a letter to territorial officials that some of its members found objectionable because it included the suggestion that some government officials were homosexual. [4] [5] The group's president, New Vision Ministries Pastor James Petty, said: "We do not wish to be America's same-sex paradise". [4] Pastor Lennox Zamore said that he rejected the argument that legalizing same-sex marriage would benefit the local economy: "We don't want to balance our books by bringing the sex industry – whether it is same sex or not – to the Virgin Islands". [6] The marriage bill was not voted on before the end of the legislative session.

Obergefell v. Hodges

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Same-sex marriage Unregistered cohabitation Island subject to IACHR ruling No recognition of same-sex couples Constitutional ban on same-sex marriage Same-sex sexual activity illegal but penalties not enforced v t e Same-sex legislation Lesser Antilles (named).svg
Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
  Same-sex marriage
  Unregistered cohabitation
  Island subject to IACHR ruling
  No recognition of same-sex couples
  Constitutional ban on same-sex marriage
  Same-sex sexual activity illegal but penalties not enforced

The decision of the U.S. Supreme Court in Obergefell v. Hodges on June 26, 2015, that invalidated bans on same-sex marriage under the Fourteenth Amendment, was met with mixed reactions from U.S. Virgin Islands officials. On June 27, Presiding Judge Michael Dunston of the Superior Court said the territory would comply with the ruling, though he thought that marriage licenses could not be issued to same-sex couples until the statutes were amended. [7] On June 30, Governor Kenneth Mapp announced he would issue an executive order directing government agencies and departments to comply with the ruling. He said: [8]

The Government of the Virgin Islands as a civil society can no longer discriminate on marriage. The nation has arrived, pursuant to the Supreme Court's ruling, at full marriage equality — when two consenting adults appear for a marriage license and apply for that license, civil society is required to respond. And so persons of the same-sex can be married in the U.S. Virgin Islands.... The Supreme Court has made a decision that affects the entire nation. It is not for me to express what my personal feelings are. It is for me to do the business of governance and the business of governance, given the Supreme Court’s ruling, says that if an individual in the Virgin Islands is married to a person of the same sex in any state of the nation, that the Virgin Islands government must recognize that marriage as lawful.

Mapp signed the executive order on July 9, although Lieutenant Governor Osbert E. Potter was not on hand to attest to Mapp's signature, as required before the order could go into effect. [9] [10] The president of the U.S. Virgin Islands Legislature, Neville James, a vocal opponent of same-sex marriage, refused to sign off on the executive order in Potter's stead. [11] However, Judge Dunston declared that the Superior Court would act to comply with Obergefell in the absence of action from the Legislature and licenses would be issued for two same-sex couples who had applied on July 13. [12] Potter was expected to return to the territory and sign the executive order on July 15, but was unable to do so after Mapp left the territory the day before, due to Potter serving as acting governor. [13] [14] On July 27, both Governor Mapp and Lieutenant Governor Potter were in the territory together for the first time since before the order was drafted, meaning that Potter would be able to sign the order. [15] On Tuesday, July 28, Potter signed the order, effectively requiring all agencies to comply with the ruling. [16]

The marriage license process is administered by the Superior Court. A couple may apply online and have their license emailed to them or apply in-person at the courthouse, with an application fee of $200. It takes approximately one week for the application to be processed. A licensed judge, minister or officiant may perform the wedding ceremony alongside two witnesses. [17] The first same-sex couple to marry in the U.S. Virgin Islands was Rick Weinstein and Tom Eggleston, who had been together for more than 40 years, in a private ceremony in Charlotte Amalie. [18] In 2024, the U.S. Virgin Islands was named one of the best marriage destination for same-sex couples in the Caribbean. [19]

See also

Related Research Articles

<span class="mw-page-title-main">LGBTQ rights in Louisiana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Louisiana as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges.

Same-sex marriage has been legal in Louisiana since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The court held that the denial of marriage rights to same-sex couples is unconstitutional, invalidating Louisiana's ban on same-sex marriage. The ruling clarified conflicting court rulings on whether state officials are obligated to license same-sex marriages. Governor Bobby Jindal confirmed on June 28 that Louisiana would comply with the ruling once the Fifth Circuit Court of Appeals reversed its decision in a Louisiana case, which the Fifth Circuit did on July 1. Jindal then said the state would not comply with the ruling until the U.S. District Court for the Eastern District of Louisiana reversed its judgment, which it did on July 2. All parishes now issue marriage licenses in accordance with federal law.

Same-sex marriage has been legal in Alabama since June 26, 2015, in accordance with the U.S. Supreme Court's ruling in Obergefell v. Hodges. Not all counties immediately complied with the ruling, copying behavior from the civil rights era when they had refused to perform interracial marriages. A year after the Supreme Court ruling, twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017, this number had dropped to only eight counties, with all eight refusing to issue licenses to anyone. In May 2019, the Alabama Legislature passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently, all counties complied and announced on August 29, 2019 that they would record marriage certificates for interracial and same-sex couples. Previously, Alabama had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by executive order in 1996, by statute in 1998, and by constitutional amendment in June 2006.

Same-sex marriage has been legal in Ohio since the U.S. Supreme Court's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.

Same-sex marriage is not currently performed in American Samoa, though same-sex marriages from other jurisdictions are recognized. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment of the U.S. Constitution guarantees same-sex couples the right to marry. The ruling legalized same-sex marriage nationwide in the United States; however, it is uncertain how the ruling applies to American Samoa as the territory is unincorporated and unorganized. In July 2015, Governor Lolo Matalasi Moliga said he believed that the Supreme Court's ruling does not apply to American Samoa.

Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said that the state would comply and recognize same-sex marriages. Previously, South Dakota had restricted marriage to the "union of a man and a woman" both by statute and in its State Constitution.

Same-sex marriage has been legal in Nebraska since June 26, 2015, when the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment to the U.S. Constitution. Following the court ruling, Attorney General Doug Peterson announced that the state of Nebraska would comply and recognize same-sex marriages.

Same-sex marriage became legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.

Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Previously, the U.S. state of Texas had banned same-sex marriage both by statute since 1973 and in its State Constitution since 2005. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas's ban on same-sex marriages was unconstitutional. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply with the ruling.

Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.

Same-sex marriage has been legal in Missouri since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.

Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

<span class="mw-page-title-main">LGBTQ rights in the United States Virgin Islands</span>

In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBTQ residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.

Same-sex marriage has been legal in Puerto Rico since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the court ruled that bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples could begin applying for marriage licenses on July 13, and the first marriages occurred on July 17, 2015.

Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.

Same-sex marriage has been legal in the U.S. state of Georgia since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Attorney General Sam Olens announced that Georgia would "adhere to the ruling of the Court", and the first couple married just one hour after the ruling was handed down. Previously, Georgia had banned same-sex marriage both by statute and its State Constitution.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

<i>Miller v. Davis</i>

Miller v. Davis is a federal lawsuit in the United States regarding the issuance of marriage licenses to same-sex couples. After the U.S. Supreme Court legalized same-sex marriage nationwide on June 26, 2015, the county clerk of Rowan County, Kentucky, Kim Davis, refused to issue marriage licenses to any couple to avoid issuing them to same-sex couples, citing her religious beliefs. She also refused to allow her deputies to issue the licenses, as they would still bear her title and name.

References

  1. ↑ "Virgin Islands governor signs marriage executive order". 10 July 2015.
  2. ↑ Gardner, James (July 13, 2015). "Superior Court to Move Forward with Same Sex Marriage Licenses". St. Croix Source. Archived from the original on July 14, 2015. Retrieved July 13, 2015.
  3. ↑ "Virgin Islands Code 16 V.I.C. ch. 2 § 31". Virgin Islands Code. LexisNexis. Retrieved November 3, 2014.
  4. 1 2 3 4 5 Kane, Jenny (July 10, 2014). "Buckley's same-sex marriage bill sparks fierce debate". Virgin Islands Daily News. Archived from the original on December 20, 2014. Retrieved November 2, 2014.
  5. 1 2 Ellis, Susan (July 13, 2014). "Buckley: Marriage Equality Bill Unlikely to Pass Before She Leaves Office". St. Croix Source. Retrieved November 3, 2014.
  6. ↑ Garner, James (July 24, 2014). "'One Voice' Rallies Against Marriage-Equality Bill". St. John Source. Retrieved November 3, 2014.
  7. ↑ Austin, Jonathan (June 27, 2015). "Judge: V.I. will follow gay marriage law". Virgin Islands Daily News. Archived from the original on July 1, 2015. Retrieved June 28, 2015.
  8. ↑ Gilbert, Ernice (June 30, 2015). "Mapp to Issue Executive Order Mandating Gov. Agencies to Comply with Supreme Court's Same-Sex Ruling". Virgin Islands Consortium. Retrieved July 1, 2015.
  9. ↑ "Mapp Signs Marriage Equality Executive Order; Measure Awaits James' Action". St. Croix Source. July 9, 2015. Retrieved July 10, 2015.
  10. ↑ "American Samoa is lone US territory questioning gay marriage validity; no licenses sought". U.S. News & World Report. July 10, 2015. Retrieved July 10, 2015.
  11. ↑ Austin, Jonathan (July 10, 2015). "Neville James refuses to grant same-sex couples equal rights". Virgin Islands Daily News. Archived from the original on July 11, 2015. Retrieved July 11, 2015.
  12. ↑ Austin, Jonathan (July 11, 2015). "Same-sex marriages a go in USVI". Virgin Islands Daily News. Retrieved July 11, 2015.
  13. ↑ Gardner, James (July 13, 2015). "Superior Court to Move Forward with Same Sex Marriage Licenses". St. Croix Source. Archived from the original on July 14, 2015. Retrieved July 13, 2015.
  14. ↑ Austin, Jonathan (July 27, 2015). "Same-sex marriage order to be signed today". The Virgin Islands Daily News. Retrieved July 27, 2015.
  15. ↑ Austin, Jonathan (July 27, 2015). "Same-sex marriage order to be signed today". The Virgin Islands Daily News. Retrieved July 27, 2015.
  16. ↑ Austin, Jonathan (July 29, 2015). "With stroke of Potter's pen, marriage equality finally reality in the V.I." The Virgin Islands Daily News. Retrieved July 29, 2015.
  17. ↑ "Getting the Marriage License" . Retrieved September 13, 2024.
  18. ↑ McCormick, Joseph (July 30, 2015). "CONGRATS! First ever gay couple marries in US Virgin Islands".
  19. ↑ Chesnut, Mark (4 January 2024). "11 Places in the Caribbean for an LGBTQ Destination Wedding, and Event Planners to Help". TravelAge West.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.