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Still, as late as 1990, roughly 75 percent of Americans deemed homosexual sex immoral, only 29 percent supported gay adoptions, and only 10 percent to 20 percent backed same-sex marriage. In addition, the many gay and lesbian baby boomers who were becoming parents sought legal recognition of their families. An entire generation of young gay men was forced to contemplate legal issues surrounding their relationships: hospital visitation, surrogate medical decisionmaking, and property inheritance. The AIDS epidemic had highlighted the vulnerability of gay and lesbian partnerships: nearly 50,000 people had died of AIDS, two-thirds of them gay men the median age of the deceased was 36. Only in the late 1980s did activists begin to pursue legal recognition of their relationships-and even gay marriage. Most sex radicals objected to traditional marriage’s insistence on monogamy for them, gay liberation meant sexual liberation. Lesbian feminists tended to regard the institution as oppressive, given the traditional rules that defined it, such as coverture and immunity from rape. Indeed, most gays and lesbians at the time were deeply ambivalent about marriage. Rather, they focused on decriminalizing consensual sex between same-sex partners, securing legislation forbidding discrimination based on sexual orientation in public accommodations and employment, and electing the nation’s first openly gay public officials. Marriage equality was not then a priority of gay activists. Minnesota Supreme Court justices would not dignify the gay-marriage claim by asking even a single question at oral argument.
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A trial judge in Kentucky instructed one lesbian plaintiff that she would not be permitted into the courtroom unless she exchanged her pantsuit for a dress. Courts did not take their arguments very seriously. In the early 1970s, amid a burst of gay activism unleashed by the Stonewall riots in Greenwich Village, several same-sex couples filed lawsuits demanding marriage licenses. How did support for gay marriage grow so quickly-to the point where the Supreme Court may deem it a constitutional right in 2013? The Pre-Marriage Era Last November, for the first time, a majority of voters in a state-in fact, in three states-approved same-sex marriage, and in a fourth, they rejected a proposed state constitutional amendment to forbid it. President Barack Obama has embraced marriage equality. Today, opinion polls consistently show a majority of Americans endorsing such marriages among those aged 18 to 29, support is as high as 70 percent. Most Americans would have considered the idea of same-sex marriage facetious. Only a handful of gay-rights organizations existed, and their membership was sparse. The federal government would not hire people who were openly gay or permit them to serve in the military. Fifty years ago, every state criminalized homosexual sex, and even the American Civil Liberties Union did not object.