The combination of Proposition 8 in California and the economic recession led some to believe that the 2009 legislative session would be an unfavorable environment for pursuing equal rights and the legalization of same-sex marriage, but the opposite has proven to be true. Lawmakers across the country are fighting for equal treatment under the law for gay couples:

• In the past year, same-sex marriage has become law in four new states—Connecticut, Iowa, Vermont, and Maine. The latter two states are the first in the country where the legislatures—not the courts—proactively addressed same-sex marriage.

• In the current legislative session, lawmakers in New Hampshire and New York have introduced similar legislation to legalize gay marriage, while Washington legislators have introduced a bill to grant domestic partners the same rights and treatment as married spouses. Bills in all three states stand a good chance to become law this year.

• This year, legislators in Minnesota, Illinois, Rhode Island, Virginia, South Carolina, New Mexico, Hawaii, and Montana have all introduced bills that would roll back same-sex marriage bans or expand legal recognition for gay couples. While many of these bills have not advanced far, their introduction demonstrates that equal rights are firmly on the legislative policy agenda.

• In 2009, lawmakers in an additional six states—Indiana, Texas, South Carolina, Colorado, Washington, and Virginia—have introduced bills addressing the rights and benefits of same-sex couples.

State legislatures often act as laboratories of innovation, forging a path toward more progressive public policy. We are currently witnessing the power of state lawmakers in the building momentum to address same-sex marriage. At the state legislative level, there is a growing consensus around the idea that separate is, indeed, inherently unequal. Across the country, lawmakers from different backgrounds and in different states are coming to the same conclusion: Same sex couples deserve equal treatment under the law.

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