Scott Skinner-Thompson et al., Marriage, Abortion, and Coming Out, 116 Colum. L. Rev. Online 126 (2016).

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)).