Although certain aspects of DOMA were declared unconstitutional, the Act still leaves it up to the States to exercise discrimination into policy, which once enacted can be a very difficult and lengthy process to overturn.
Currently nineteen states allow same-sex marriage, six of them mandated by the court, eight by the state legislature, and three by popular vote.Ten states hold some form of protection for same-sex couples less than marriage, like domestic partnerships or civil unions. Thirty-one states have gay marriage bans, some of which include defining marriage as between a man and a woman in their state constitutions, according to Pro Con.
Vermont was at the forefront of marriage equality in the year 2000. Although it didn't go as far as recognizing gay marriage, it was the first state to introduce some form of recognition for same-sex couples with civil unions. Vermont has since recognized gay marriage, and was the first state to do so in the legislature in 2009. Massachusetts became the first state to legalize gay marriage through a court mandate in 2003 after the court ruled it unconstitutional, and Connecticut, Iowa, California, and New Jersey quickly followed suit.
Introducing civil unions was a way for the States to give recognition and most rights to same-sex couples, without upsetting the ideals of traditional marriage, but with DOMA in action it essentially erased those rights, which is why many states found themselves in a bind constitutionally, and many people filed suits against the legislature.
The States that do not recognize same-sex marriage have done so by a state law prohibiting it, by a constitutional amendment, or by both. A majority of the thirty-three states that have a gay marriage ban have both an amendment recognizing marriage as between a man and a woman, and a state law prohibiting it.
A look at where marriage equality lies in the States.
The process of repealing this a ban and a constitutional amendment is a long one. For example Wisconsin, which had state law banning gay marriage implemented in 1979, voted in 2006 to make a constitutional amendment against gay marriage. The state’s citizens and the American Civil Liberties Union began the process of overturning it; however, the journey was a long one, and still is. In June 2014, a federal judge ruled that the law banning same-sex marriage in Wisconsin was unconstitutional, and many couples were able to marry, but there is a bit of uncertainty as to what the future holds in regards to the constitutional amendment and those in the state opposing already have plans to appeal.
Despite the thirty-two states with bans, public support of gay marriage is higher than ever. According to a Washington Post ABC News Poll, fifty-eight percent of Americans believe that gay marriage should be legalized, with only thirty-six percent opposing it. Of course it would be much easier for the federal government to step in and make gay marriage legal across the board, but the likelihood of that happening is very slim. Especially given that many states have flip flopped on this issue. California is a prime example of that with the back and forth and repealing and protesting surrounding Proposition 8.