1972
The U.S. Supreme Court dismisses Baker v. Nelson, an appeal of a Minnesota Supreme Court ruling that found limiting marriage to opposite-sex couples did not violate the state constitution. The Court finds the case does not ask a substantial federal question, and some argue that dismissal set a binding precedent that could influence the Court’s eventual consideration of Proposition 8.
1993
The Hawaii Supreme Court rules in Baehr v. Miike, finding that laws denying same-sex couples the right to marry violated state constitutional equal protection rights unless the state could show a “compelling reason” for such discrimination and sending the case back to trial court. The ruling was later credited with sparking a backlash in the form of laws and constitutional amendments defining marriage as the union of a man and a woman. Hawaiian voters later passed a referendum giving the legislature jurisdiction over marriage, bypassing state courts.
