Common Law Marriage and Gay Marriage Before the 2015 SCOTUS Decision

Introduction

Before the landmark 2015 Supreme Court of the United States (SCOTUS) decision on gay marriage, the question of whether a same-sex couple could marry through a common law marriage varied significantly by jurisdiction. This article explores the nuances and implications of common law marriage and the evolving landscape of gay marriage across the United States, with a focus on the pre-2015 legal framework.

Common Law Marriage and Its Historical Context

Definition and Historical Background

Common law marriage, often referred to as "de facto marriage" or "informal marriage," was a legal arrangement that allowed couples to establish a marital relationship without formal registration or a legal ceremony. Traditionally, these relationships needed to meet specific criteria such as cohabitation, mutual intention to be married, and recognition of the relationship by third parties. However, the prevalence and acceptability of common law marriages varied widely between states in the United States.

The Variability Across Jurisdictions

Divergent Legislation

Before the SCOTUS decision in 2015, the legal landscape for common law marriage did not provide a uniform approach across states. Some states, like Colorado, Iowa, and South Carolina, had recognized common law marriages, while others like California, Texas, and Florida had outlawed or not explicitly recognized this form of marriage. This divergence created significant challenges and inconsistencies for same-sex couples seeking to establish a common law marriage.

State-Specific Restrictions on Same-Sex Common Law Marriages

Legislative Barriers

Many states imposing restrictions on common law marriages also included prohibitions or significant limitations for same-sex couples. As a result, same-sex individuals faced an additional layer of legal hurdles in their pursuit of a common law marriage. For instance, in states like Georgia and Ohio, common law marriages in general were not recognized, and while a 2003 decision allowed for limited recognition of common law marriage contracts, the definition still excluded same-sex couples. In other states, such as Pennsylvania and Illinois, the lack of specific legislative provisions created a legal gray area, making it difficult for same-sex couples to claim the status of a common law marriage.

Evolving Legal Landscape

Pre-2015 Reforms and Developments

The legal landscape began to shift prior to the 2015 decision. In 2013, the U.S. Supreme Court's decision in United States v. Windsor invalidated the Defense of Marriage Act (DOMA), which had defined marriage as being between one man and one woman for federal purposes. This decision paved the way for further legal reforms and changes in how states approached common law marriage and gay marriage.

Driven by public opinion and legislative pressure, more states were moving towards legal recognition of same-sex relationships. By early 2015, 37 states had either explicitly recognized same-sex marriages or had Supreme Court rulings that required states to do so. This progress, combined with the rapidly changing attitudes towards gay marriage, created a significant momentum that culminated in the Supreme Court's historic decision in Obergefell v. Hodges in June 2015. This decision effectively made same-sex marriage legal in all 50 states, ensuring that common law marriages between same-sex couples would now be recognized in those states that previously did not allow for such arrangements.

Conclusion

The pre-2015 legal landscape for common law marriage and gay marriage in the United States was characterized by significant state-to-state variation. The diversity in state laws and the lack of federal uniformity often led to confusion and challenges for same-sex couples. However, the progress made in the years leading up to the 2015 SCOTUS decision laid the groundwork for the landmark ruling that ensured equal legal rights and protections for all married couples, regardless of their gender.

As the legal landscape continues to evolve, it is crucial to understand the historical context and the complex interplay of state laws and federal decisions that shaped the current legal framework for marriage in America.