In 2015, facing a circuit split, the supreme court resolved the question of whether state bans on gay marriage violated the equal protection and. There is resistance to this from many religious groups who see marriage as based on sacred practice, and for government to change its definition of marriage is to reduce the sacred value of marriage. Advocates counter that civil marriage is available to many people that any one particular religion would not permit gay marriage, in this case, is just another of those groups. On may 18, 1970, jack baker and michael mcconnell walked into a courthouse in minneapolis, paid 10, and applied for a marriage license. Hodges is a significant setback for all americans who believe in the constitution, the rule of law, democratic self-government, and marriage as the union. This section contains arguments specific to the federal marriage amendment. Many senate democrats said they, too, oppose gay marriage, but they also opposed writing such a ban into the constitution, which would require a two-thirds vote of congress and ratification by. The courts opinionauthored by justice anthony kennedy, a catholic who has long been seen as the possible swing vote on gay marriage, joined by justices stephen breyer, ruth bader ginsburg. The defense of marriage act defined marriage at the federal level as between a man and a woman, while the prop 8 ballot initiative amended the california state constitution to ban gay marriage. Doma and prop 8 were enacted through the democratic process, the former created and passed by duly appointed representatives in congress, and proposition 8 voted on by californians. Massachusetts, which became the first us state to legalize gay marriage in 2004, had the lowest divorce rate in the country in 2008.