Marriage in the US is a secular and dynamic institution that has gone under several major transformations. Interracial marriage was illegal in many US states until a 1967 Supreme Court decision. Coverture, where a woman's legal rights and economic identity were subsumed by her husband upon marriage, was commonplace in 19th century America. No-fault divorce has changed the institution of marriage since its introduction in California on Jan. 1, 1970. Nancy Cott, PhD, testified in Perry v. Schwarzenegger that "[c]ivil law has always been supreme in defining and regulating marriage” and that religious leaders are accustomed to performing marriages only because the state has given them that authority.
Legalizing gay marriage will not harm heterosexual marriages or "family values.” A study published on Apr. 13, 2009 in Social Science Quarterly found that "[l]aws permitting same-sex marriage or civil unions have no adverse effect on marriage , divorce, and abortion rates, [or] the percent of children born out of wedlock..."
Massachusetts, which became the first state to legalize gay marriage in 2004, had the lowest divorce rate in the country in 2008. Its divorce rate declined 21% between 2003 and 2008. Alaska, the first state to alter its constitution to prohibit gay marriage in 1998, saw a 17.2% increase in its divorce rate. The seven states with the highest divorce rates between 2003 and 2008 all had constitutional prohibitions to gay