The Supreme Court of the United States (SCOTUS) was established in 1789, but it didn't rule on a case that directly influenced gay rights until nearly 170 years later. Since then, the highest federal court in the country has weighed in on about a dozen other LGBTQ rights-related cases, which have had powerful impacts on the gay rights movement and the lives of LGBTQ Americans.
The Supreme Court's First Gay Rights Case
SCOTUS's first gay rights case focused on the First Amendment—specifically, how the rights of free speech and press apply to homosexual content.
In 1954, Los Angeles' postmaster Otto Olesen ordered federal postal authorities to seize ONE, a homosexual magazine (the nation's first), arguing that the magazine's content was "obscene."
One, Inc., the magazine's publisher, sued Olesen. A lower court ruled in favor of the government and the Ninth Circuit Court of Appeals agreed with this ruling.
However, SCOTUS took up One, Inc. v. Olesen in 1958 and ruled in favor of One, Inc. with little comment, citing only its recent decision in Roth v. United States (1957).
In this earlier case, the Justices found that obscene speech is not protected by the First Amendment. But they further noted that "sex and obscenity are not synonymous" and ideas with "even the slightest redeeming social importance," including controversial ideas, are protected.
First Gay Marriage License Denied by SCOTUS
After One, Inc. v. Olesen, SCOTUS saw few gay rights-related cases for the next few decades, but a couple of cases are worth noting.
In 1970, Jack Baker and Michael McConnell became the first gay couple to apply for a marriage license—they were denied. In the subsequent case Baker v. Nelson (1971), the Minnesota Supreme Court ruled that state laws limiting marriage to opposite-sex couples did not violate the U.S. Constitution.