the two countries=legal systems, as well as the social status of homosexuals and the leg status of nonmarital cohabitation, have influenced the contrasting routes these two countries have taken toward opening marriages to same-gender couples Contents 1 Introduction 2. Legal developments in the Netherlands 2/ Dutch case lay 2. 1. 1 Challenging prohibitions against marriages of same-gender couples: The 1990s cases 2. 1.2 Challenging prohibitions against marriages of same-gender couples: An analysis of the Dutch case law 2. 2 Dutch legislation 2. 2. 1 Moving toward equality: Registered partnership legislation 2.2.2 Opening civil marriage to same-gender couples: The report of the Kortmann Committee 3. Legal developments in the United States 3. United States case l nwy 3. 1. 1 Challenging prohibitions against marriages of same-gender couples: An overview of the constitutional analyses in the U.Scases 3.1.2 Challenging prohibitions against marriages of interracial couples 3. 1.3 Challenging prohibitions against marriages of same-gender couples: The 1970s cases 3. 1. 4 Challenging prohibitions against marriages of same-gender couples: The 1990s cases 3. 1. 4. I Jurisdictions limiting marriage to opposite-gender couples District of Columbia and New York 3. 1.4.2 Jurisdictions supporting claims of discrimination: Hawai, Alaska, and vermont 3.1.4.3 The Hawaii and Alaska cases: Baehr v Lewin and Brause v Bureau of vital statistics 3.1.4. 4 The Vermont case: Baker v. State of vermont 3.1.5 Challenging prohibitions against marriages of same-gender couples: An analysis of the United States case law 3. 2 United States legislation 3. 2. 1 The United States legislative response to Baehr v. Lewin 3.2.2 The enactment of domestic partnership legislation 4. Comparison and analysis of the Dutch and United States legal histories on opening civil marriage to same-gender couples 4.1 Differences in legal systems 4.2 Differences in the social status of homosexuals 4.3 Differences in the legal status of nonmarital cohabitation Conclusion 1 Introduction This article examines and compares the legal developments in the Netherlands and the Unitedthe two countries= legal systems, as well as the social status of homosexuals and the legal status of nonmarital cohabitation, have influenced the contrasting routes these two countries have taken toward opening marriages to same-gender couples. Contents 1. Introduction 2. Legal developments in the Netherlands 2.1 Dutch case law 2.1.1 Challenging prohibitions against marriages of same-gender couples: The 1990s cases 2.1.2 Challenging prohibitions against marriages of same-gender couples: An analysis of the Dutch case law 2.2 Dutch legislation 2.2.1 Moving toward equality: Registered partnership legislation 2.2.2 Opening civil marriage to same-gender couples: The report of the Kortmann Committee 3. Legal developments in the United States 3.1 United States case law 3.1.1 Challenging prohibitions against marriages of same-gender couples: An overview of the constitutional analyses in the U.S. cases 3.1.2 Challenging prohibitions against marriages of interracial couples 3.1.3 Challenging prohibitions against marriages of same-gender couples: The 1970s cases 3.1.4 Challenging prohibitions against marriages of same-gender couples: The 1990s cases 3.1.4.1 Jurisdictions limiting marriage to opposite-gender couples: District of Columbia and New York 3.1.4.2 Jurisdictions supporting claims of discrimination: Hawaii, Alaska, and Vermont 3.1.4.3 The Hawaii and Alaska cases: Baehr v. Lewin and Brause v. Bureau of Vital Statistics 3.1.4.4 The Vermont case: Baker v. State of Vermont 3.1.5 Challenging prohibitions against marriages of same-gender couples : An analysis of the United States case law 3.2 United States legislation 3.2.1 The United States legislative response to Baehr v. Lewin 3.2.2 The enactment of domestic partnership legislation 4. Comparison and analysis of the Dutch and United States legal histories on opening civil marriage to same-gender couples 4.1 Differences in legal systems 4.2 Differences in the social status of homosexuals 4.3 Differences in the legal status of nonmarital cohabitation 5. Conclusion 1. Introduction This article examines and compares the legal developments in the Netherlands and the United