I agree the above point is a historical nitpick, but there needs to be another list of legally questionable gay marriages, which would include the early marriage claims of Rev. Troy Perry, which were not clearly documented as Jack Baker’s marriage.

Back in 1970, most gay liberationists thought Jack Baker was crazy to say gay marriage was the most important milestone in gay rights. Back then, hippies and feminists were rejecting straight marriage as being oppressive. Why would gays want to marry instead of having sexual freedom?

We now know that Jack Baker was right!

Thank you for reminding us of the Brause case.

But I believe that that this case only was decided at the Superior Court Level. The Alaska Constitution was amended before the appeal at the Supreme Court level was heard.

But this does indeed illustrate the difficulty in making lists and in the language surrounding such lists. I said “the courts”, but wasn’t clear that I meant “the states’ highest courts”.

Had I been inclusive of all court decisions I would have to include those – such as New York – in which a lower court found for marriage but which was overturned by a higher court.

Which would also be an interesting list.

The order in which courts have found that states must provide marriage and/or all its rights and benefits to same-sex couples:

1. Hawaii 1993/1997 (reversed by Constitutional amendment)
2. Alaska 1998 (reversed by constitutional amendment)
3. Vermont 1999
4. Massachusetts 2003
5. New Jersey 2006
6. California 2008 (perhaps reversed by Constitutional amendment)
7. Connecticut 2008
8. Iowa 2009

1. Minnesota May 18, 1970 (one legal same-sex marriage between Michael McConnell and Jack Baker was performed. Attorney Jack Baker believes his marriage is still legally valid because laws passed years later to outlaw same-sex marriages in Minnesota can’t be retroactive under ordinary constitutional law.)

See: http://thomaskraemer.blogspot.com/2008/11/life-magazine-gay-marriage-1971.html

and

Ken Bronson, “A Quest for Full Equality,” http://www.may-18-1970.org self-published May 18, 2004, p. 6-7, 48, from Ken Bronson’s Web site http://www.may-18-1970.org on Jack Baker’s marriage.

Disclosure: I was a member of Jack Baker’s gay liberation group.

Of course, CA any day could say same-sex marriage is back, screwing up every ranking.