Throughout the 1990s, the picture for LGBTQ rights remained relatively bleak. Despite the Hawaii Supreme Court’s 1993 holding in Baehr v. Lewin that the state’s refusal to grant same-sex marriages violated the Hawaii state constitutional provision requiring strict scrutiny of laws discriminating on the basis of gender and a subsequent trial court decision concluding that the state had failed to satisfy such scrutiny, Hawaii quickly amended its constitution to specifically permit the exclusion of same-sex marriages. All other states also continued to prohibit same-sex marriage until 2003.
Scott Skinner-Thompson et al., Marriage, Abortion, and Coming Out, 116 Colum. L. Rev. Online 126, 131, 131 nn. 26-27 (2016) (citing Michael D. Sant’Ambrogio & Sylvia A. Law, Baehr v. Lewin and the Long Road to Marriage Equality, 33 U. Haw. L. Rev. 705, 716-18 (2011)).