Knowledge

Goodridge v. Department of Public Health

Source ๐Ÿ“

402:(3) preserving scarce State and private financial resources." The first, she wrote, incorrectly posits that the state privileges "procreative heterosexual intercourse between married people". Rather "Fertility is not a condition of marriage, nor is it grounds for divorce. People who have never consummated their marriage, and never plan to, may be and stay married." The misconception that "'marriage is procreation'", she wrote, "confers an official stamp of approval on the destructive stereotype that same-sex relationships are inherently unstable and inferior to opposite-sex relationships and are not worthy of respect." The second, the marriage of a man and a woman as the "optimal setting for child rearing", a claim she said many Massachusetts statutes and the notion of "the best interests of the child" refuted, she found irrelevant, in that denying marriage licenses to one class of persons does not affect the marriage patterns of the other class. She turned the argument against the DPH: "the task of child rearing for same-sex couples is made infinitely harder by their status as outliers to the marriage laws." She concluded that "It cannot be rational under our laws, and indeed it is not permitted, to penalize children by depriving them of State benefits because the State disapproves of their parents' sexual orientation." She dismissed the third rationale as an unjustified generalization about the economic interdependence of same-sex partners. Later in the opinion she summarized this analysis, saying the DPH's arguments were "starkly at odds with the comprehensive network of vigorous, gender-neutral laws promoting stable families and the best interests of children." 489:
to all of the infinite variety of household structures that a free society permits." She went on to argue that "bsent consensus on the issue, or unanimity amongst scientists studying the issue, or a more prolonged period of observation of this new family structure, it is rational for the Legislature to postpone any redefinition of marriage that would include same-sex couples until such time as it is certain that redefinition will not have unintended and undesirable social consequences." She concluded that "s a matter of social history, opinion may represent a great turning point that many will hail as a tremendous step toward a more just society. As a matter of constitutional jurisprudence, however, the case stands as an aberration."
410:
the right of an individual to marry a person of the same sex will not diminish the validity or dignity of opposite-sex marriage, any more than recognizing the right of an individual to marry a person of a different race devalues the marriage of a person who marries someone of her own race. If anything, extending civil marriage to same-sex couples reinforces the importance of marriage to individuals and communities. That same-sex couples are willing to embrace marriage's solemn obligations of exclusivity, mutual support, and commitment to one another is a testament to the enduring place of marriage in our laws and in the human spirit.
31: 380:: "Our concern is with the Massachusetts Constitution as a charter of governance for every person properly within its reach. 'Our obligation is to define the liberty of all, not to mandate our own moral code.'" She rejected the plaintiffs' contention that the state's marriage licensing law, which mentions marriage but never the gender of the parties, could be interpreted to permit same-sex marriages. The lack of a definition, she wrote, shows the legislature meant 310:
Citizens Alliance, the Catholic Action League of Massachusetts, The National Legal Foundation, the Marriage Law Project, the Religious Coalition for the Freedom to Marry, the Ethics & Religious Liberty Commission, Coalition gaie et lesbienne du Quรฉbec, the Free Market Foundation, the Massachusetts Psychiatric Society, Agudath Israel of America, several Attorneys General (including those of Nebraska, Utah, and South Dakota), and a variety of individuals.
273:(GLAD) sued the Massachusetts Department of Health in Superior Court on behalf of seven same-sex couples, all residents of Massachusetts, who had been denied marriage licenses in March and April 2001. All the plaintiffs had been in long-term relationships with their partners and four of the couples were raising a total of five children. The department's responsibilities included setting policies under which city and town clerks issue marriage licenses. 323:
It forbids the creation of second-class citizens." The plaintiffs had asked the Court to say that denying marriage licenses to same-sex couples violated Massachusetts law. Instead the opinion said: "We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution."
435:
of public health, safety, or general welfare, suggests that the marriage restriction is rooted in persistent prejudices against persons who are (or who are believed to be) homosexual ... Limiting the protections, benefits, and obligations of civil marriage to opposite-sex couples violates the basic premises of individual liberty and equality under law protected by the Massachusetts Constitution.
457:
is based solely on the applicants' gender." Since, in his view, "constitutional protections extend to individuals and not to categories of people", Massachusetts is not discriminating on the basis of sexual orientation but restricting a person's choice of spouse on the basis of gender, a classification he found the state had not justified.
533:
decision wrote: "The dissimilitude between the terms 'civil marriage' and 'civil union' is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status." They continued: "For no rational reason the marriage
520:
A poll of Massachusetts residents taken on November 19โ€“20 found that 50 percent supported the decision, 38 percent opposed it, and 11 percent had no opinion; 53 percent opposed the proposed constitutional amendment and 36 percent supported it; 53 percent thought the legislature should do nothing more
488:
Justice Sosman noted that "eople are of course at liberty to raise their children in various family structures, so long as they are not literally harming their children by doing so. But that does not mean that the State is required to provide identical forms of encouragement, endorsement, and support
434:
The marriage ban works a deep and scarring hardship on a very real segment of the community for no rational reason. The absence of any reasonable relationship between, on the one hand, an absolute disqualification of same-sex couples who wish to enter into civil marriage and, on the other, protection
409:
Here, the plaintiffs seek only to be married, not to undermine the institution of civil marriage. They do not want marriage abolished. They do not attack the binary nature of marriage, the consanguinity provisions, or any of the other gate-keeping provisions of the marriage licensing law. Recognizing
550:
to the U.S. Constitution that would define marriage as the union of a man and a woman but allow the states the option of creating other legal arrangements for same-sex couples. Same-sex marriage took on national importance as public officials in several jurisdictions allowed more than 7,000 same-sex
480:
Justice Cordy stated that "the Legislature could rationally conclude that it furthers the legitimate State purpose of ensuring, promoting, and supporting an optimal social structure for the bearing and raising of children." He continued that "this case is not about government intrusions into matters
456:
authored a concurring opinion in which he said he shared much of Marshall's analysis, but viewed the denial of marriage licenses to same-sex couples as sex discrimination: "The marriage statutes prohibit some applicants, such as the plaintiffs, from obtaining a marriage license, and that prohibition
578:
or block its implementation before the state began issuing marriage licenses to same-sex couples on May 17, 2004. News coverage of that day's events in Massachusetts was extensive, though limited outside the United States. The three major networks lead their evening news shows with wedding coverage
545:
with a statement supporting an amendment to the Massachusetts state constitution to overrule the court's decision. His statement said, "the people of Massachusetts should not be excluded from a decision as fundamental to our society as the definition of marriage." On February 24, President Bush for
425:
We would not presume to dictate how another State should respond to today's decision. But neither should considerations of comity prevent us from according Massachusetts residents the full measure of protection available under the Massachusetts Constitution. The genius of our Federal system is that
387:
Turning to whether the state's denial of marriage rights to same-sex couples violated the state constitution's guarantee of equal protection and due process, she noted that "The Massachusetts Constitution protects matters of personal liberty against government incursion as zealously, and often more
322:
said it was asked to determine whether Massachusetts "may deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals.
285:
Recognizing that procreation is marriage's central purpose, it is rational for the legislature to limit marriage to opposite-sex couples who, theoretically, are capable of procreation. Moreover, because same-sex couples are unable to procreate on their own and therefore must rely on inherently more
714:
The plaintiffs were Gloria Bailey and Linda Davies; Maureen Brodoff and Ellen Wade; Hillary Goodridge and Julie Goodridge; Gary Chalmers and Richard Linnell; Heidi Norton and Gina Smith; Michael Horgan and Edward Balmelli; and David Wilson and Robert Compton. Julie and Hillary Goodridge married on
401:
She then considered and dismissed the three rationales the DPH offered for its marriage licensing policy: "(1) providing a 'favorable setting for procreation'; (2) ensuring the optimal setting for child rearing, which the department defines as 'a two-parent family with one parent of each sex'; and
516:
alluded to events in Massachusetts: "Activist judges ... have begun redefining marriage by court order, without regard for the will of the people and their elected representatives. On an issue of such great consequence, the people's voice must be heard. If judges insist on forcing their arbitrary
309:
Amicus briefs were submitted on behalf of the Boston Bar Association, the Massachusetts Bar Association, the Urban League of Eastern Massachusetts, the Massachusetts Family Institute, the National Association for Research and Therapy of Homosexuality, The Common Good Foundation, the Massachusetts
647:
on September 14, 2005, when the compromise collapsed. Second, opponents of same-sex marriage proposed language defining marriage as the union of a man and a woman, making no reference to civil unions. By gathering enough signatures on petitions, their amendment required a vote of just 25% of the
704:
Civil marriage is at once a deeply personal commitment to another human being and a highly public celebration of the ideals of mutuality, companionship, intimacy, fidelity, and family. Because it fulfills yearnings for security, safe haven, and connection that express our common humanity, civil
638:
requiring repeated approval by the legislature before being put to a popular vote. They used each of the two methods the Massachusetts Constitution provides. First, legislators devised their own compromise language that banned same-sex marriage and permitted civil unions with the proviso that
524:
The SJC had stayed implementation of its ruling for 180 days in order to allow the legislature to respond as it found necessary. On December 11, 2003, the State Senate asked the SJC whether establishing civil unions for same-sex couples would meet the ruling's requirements. The SJC replied on
280:
on May 7, 2002. He wrote: "While this court understands the reasons for the plaintiffs' request to reverse the Commonwealth's centuries-old legal tradition of restricting marriage to opposite-sex couples, their request should be directed to the Legislature, not the courts.โ€ He noted that the
484:
Justice Spina wrote that "hat is at stake in this case is not the unequal treatment of individuals or whether individuals rights have been impermissibly burdened, but the power of the Legislature to effectuate social change without interference from the courts, pursuant to art. 30 of the
305:
argued in his brief that the Court should defer to the legislature's judgment of "the broader public interest" and recognize that "same-sex couples cannot procreate on their own and therefore cannot accomplish the 'main object' ... of marriage as historically understood."
443:
had "refined common-law meaning of marriage" and then provided the Court's meaning: "We construe civil marriage to mean the voluntary union of two persons as spouses, to the exclusion of all others." The legislature retained its "broad discretion to regulate marriage".
521:
than modify state law to conform with the SJC opinion, while 16 percent wanted the governor and legislators to resist the ruling's implementation and 23 percent wanted them to provide benefits to same-sex couples while reserving marriage to different-sex couples.
120:
The denial of marriage licenses to same-sex couples violated provisions of the state constitution guaranteeing individual liberty and equality, and was not rationally related to a legitimate state interest. Superior Court of Massachusetts at Suffolk vacated and
421:. She reviewed several examples related to marriage, including married women acquiring legal status apart from their husbands, the invalidation of anti-miscegenation laws, and no-fault divorce. As for creating conflict with the laws of other states, she wrote: 426:
each State's Constitution has vitality specific to its own traditions, and that, subject to the minimum requirements of the Fourteenth Amendment, each State is free to address difficult issues of individual liberty in the manner its own Constitution demands.
664:
More than 10,000 same-sex couples married in Massachusetts in the first four years after such marriages became legal on May 17, 2004. Approximately 6,100 marriages took place in the first six months, and they continued at a rate of about 1,000 per year.
388:
so, than does the Federal Constitution, even where both Constitutions employ essentially the same language." Discussing the proper standard for review, she found that the Court did not need to consider whether the plaintiffs' claims merited
676:, who argued the case for GLAD, said that state agencies were cooperating fully with its requirements, noting that exceptions occurred in programs that received federal funding and were therefore subject to the restrictions of the U.S. 599:, on behalf of the Catholic Action League and eleven members of the legislature argued that the Supreme Judicial Court had deprived the people of Massachusetts of their right to a "Republican Form of Government" as guaranteed by 52:
Hillary Goodridge, Julie Goodridge, David Wilson, Robert Compton, Michael Horgan, Edward Balmelli, Maureen Brodoff, Ellen Wade, Gary Chalmers, Richard Linnell, Heidi Norton, Gina Smith, Gloria Bailey, and Linda Davies v.
1401: 639:
same-sex civil unions would not qualify as marriages for federal purposes. That proposed amendment needed to be approved by a majority vote in two successive joint sessions of the legislature, but after passing the
622:
that denied marriage licenses to anyone whose marriage would not be valid in their state of residence. On March 30, 2006, the Supreme Judicial Court upheld the law's application to marriages of same-sex couples in
414:
She then reviewed the history of constitutional law as one of "'the story of the extension of constitutional rights and protections to people once ignored or excluded'", quoting the U.S. Supreme Court once more,
481:
of personal liberty," but "about whether the State must endorse and support by changing the institution of civil marriage to make its benefits, obligations, and responsibilities applicable to them."
715:
May 17, 2004, the first day the state issued marriage licenses to same-sex couples, as did the other six plaintiff couples. The Goodridges separated amicably in July 2006 and divorced in July 2009.
281:
legislature had recently defeated same-sex marriage legislation and defended that as a rational decision rooted in the historical definition of marriage and its association with child rearing:
1708: 1676: 286:
cumbersome means of having children, it is also rational to assume that same-sex couples are less likely to have children or, at least, to have as many children as opposite-sex couples.
276:
After holding a hearing in March 2002 at which GLAD attorney Jennifer Levi argued on behalf of the plaintiff couples, Superior Court Judge Thomas Connolly ruled in favor of the
1409: 556: 504:
reacted to the decision with a prediction: "This comes pretty close to an earthquake politically. I think it's exactly the right kind of material for a backlash." Justice
330:
to "take such action as it may deem appropriate in light of this opinion." Reactions included speculation that the legislature could follow Vermont's example and enact
1014: 627:, though the decision was complicated by uncertainty about the recognition of same-sex marriages in New York and Rhode Island. The law was repealed on July 31, 2008. 338:
said he thought that "the strength of the language and the depth of the decision" showed that marriage and no substitute "is the wish of the court." Arthur Miller, a
1540: 600: 1030: 603:
of the U.S. Constitution when it refused to stay its decision to allow for a referendum to amend the state constitution. In May 2004, U.S. District Court Judge
1630: 568: 405:
Addressing the concerns expressed in various amicus briefs about the potential harm same-sex marriage might cause to the institution of marriage, she wrote:
618:
On June 17, 2004, GLAAD filed another suit on behalf of eight same-sex couples with ties to Massachusetts, but not residents of the state. It challenged a
608: 1819: 803: 653: 649: 644: 640: 342:
professor, said he thought the legislature might exploit the Court's 4โ€“3 division to get it to accept a status much like marriage under another name.
517:
will upon the people, the only alternative left to the people would be the constitutional process. Our Nation must defend the sanctity of marriage."
1158: 1599: 1824: 366:
joined. Although the arguments and the decision turned entirely on questions of state law, she cited in her discussion of the Court's duty the
1763: 1431: 485:
Massachusetts Declaration of Rights." He wrote that the "power to regulate marriage lies with the Legislature, not with the judiciary."
1328: 1486: 1738: 758: 392:, a more thorough than usual standard of review, because the state's marriage policy did not meet the most basic standard of review, 277: 54: 1043: 302: 705:
marriage is an esteemed institution, and the decision whether and whom to marry is among life's momentous acts of self-definition.
564: 318:
On November 18, 2003, the Court decided, by a vote of 4โ€“3, that excluding same-sex couples from marriage is unconstitutional. The
257:
to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first
1804: 560: 291: 270: 595:
Opponents of the decision asked federal courts to overrule the decision. A suit filed by a conservative nonprofit organization,
534:
laws of the Commonwealth discriminate against a defined class; no amount of tinkering with language will eradicate that stain."
1794: 1700: 246: 1221: 611:
in June. The Supreme Court declined to hear the case without comment in November. Other opponents of same-sex marriage formed
1799: 1548: 1315: 980:
Hillary Goodridge & others vs. Department of Public Health & another, 440 Mass. 309 March 4, 2003 - November 18, 2003
921: 635: 1277: 1011: 1743: 1098: 891: 552: 319: 238: 231: 41: 860: 829: 1768: 1592: 1653: 1141: 724: 684: 367: 1512: 1205: 995: 508:, who voted with the majority, reported receiving threats against his life following the decision. In his January 20 235: 1299: 648:
legislators in two successive joint sessions of the legislature. This amendment received the necessary votes the
541:
responded to the SJC's February 2004 statement that civil unions were an insufficient response to its ruling in
1814: 1809: 1585: 1237: 1347: 1206:
David D. Kirkpatrick and Katie Zezima, "Supreme Court Turns Down A Same-Sex Marriage Case," November 30, 2004
1189: 1716: 1648: 1640: 729: 298:
of GLAD argued the case for the plaintiffs. Assistant Attorney General Judith Yogman represented the DPH.
440: 327: 261:
were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.
254: 1300:
Deborah Feyerick and Sheila Steffen, "Same-sex marriage in Massachusetts, 4 years later," June 16, 2008
547: 509: 242: 1625: 417: 1753: 677: 1658: 1251: 1133: 1126: 619: 227: 1372: 1072: 1773: 1316:
Ethan Jacobs, "Five years on, mostly smooth sailing for marriage equality," November 19, 2008
615:
to promote the adoption of an amendment to the state constitution banning same-sex marriage.
394: 1620: 766: 689: 607:
denied their request for an injunction delaying implementation of the decision, as did the
351: 215:
Mass. Const. arts. 1, 6, 7, and 10, and Part II, c. 1, ยง 1, art. 4; Mass. Gen. Laws ch. 207
134: 8: 1748: 505: 355: 142: 1238:
Michael Levenson," Governor signs law allowing out-of-state gays to wed," July 31, 2008
612: 604: 339: 1572: 1137: 979: 372: 335: 82: 1460: 102:
Summary judgment granted to defendants, 14 Mass. L. Rep. 591 (Mass. Super. Ct. 2002)
742: 470: 258: 154: 146: 1018: 774: 750: 656:
when 45 legislators voted for the amendment and 151 against it on June 14, 2007.
596: 466: 453: 363: 359: 158: 150: 138: 683:
As of June 2015, same-sex marriages were made legal across the US when the
525:
February 4, 2004, that civil unions would not suffice to satisfy its finding in
1517: 1436: 899: 868: 837: 513: 501: 1190:
Laura Kiritsy, "Goodridge celebrates its paper anniversary," November 18, 2004
1788: 1692: 700:
decision, some wedding celebrations have used passages from it. For example:
474: 326:
The court stayed the implementation of its ruling for 180 days to allow the
1758: 673: 295: 1402:"Landmark Mass. decision on gay marriage becomes popular text at weddings" 1373:"Obergefell et al. v. Hodges, Director, Ohio, Department of Health, et al" 538: 377: 331: 1577: 30: 497: 250: 1709:
Massachusetts v. United States Department of Health and Human Services
16:
2003 US state court case which legalized gay marriage in Massachusetts
1222:
SJC: Nonresident gays can't marry; chaos is predicted, April 3, 2006
439:
Considering what relief to grant the plaintiffs, she noted that the
1677:
Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston
1012:
Michael Levenson, "SJC nominee tells of threats," December 1, 2010
590: 86: 922:"Excerpts from Attorney General Tom Reilly's Goodridge brief" 693:
that state bans of same-sex marriage were unconstitutional.
996:"Excerpts From the Massachusetts Ruling," November 19, 2003 1073:"Gays Have Full Marriage Rights, Massachusetts Court Says" 1329:"U.S. 21st country to allow same-sex marriage nationwide" 1348:"Same-Sex Marriage Is a Right, Supreme Court Rules, 5-4" 492: 1252:"Massachusetts Rejects Bill to Eliminate Gay Marriage" 804:"Marriage by Gays Gains Big Victory in Massachusetts" 630:
Opponents of same-sex marriage sought to reverse the
249:. The November 18, 2003, decision was the first by a 574:The legislature took no action either to implement 1631:Massachusetts Governor's Task Force on Hate Crimes 1459:Abraham, Yvonne; Paulson, Michael (May 18, 2004). 1278:"Legislators vote to defeat same-sex marriage ban" 1125: 1097:Allen, Mike; Cooperman, Alan (February 25, 2004). 1042:Phillips, Frank; Klein, Rick (November 23, 2003). 384:in "the term's common-law and quotidian meaning". 1541:"After 2 Years, Same-Sex Marriage Icons Split Up" 477:filed separate dissents from the Court's ruling. 1786: 1487:"For towns that denied rights, altar is now set" 634:decision by amending the state constitution, an 529:. The 4 justices who formed the majority in the 334:in that time period, but state Senate President 591:Lawsuits and proposed constitutional amendments 294:(SJC), which heard arguments on March 4, 2003. 1458: 1096: 354:wrote the majority opinion, in which justices 1764:Massachusetts Transgender Political Coalition 1593: 1159:"Gay marriage story drew headlines worldwide" 1044:"50% in poll back SJC ruling on gay marriage" 1041: 625:Cote-Whitacre v. Department of Public Health 1739:Gay & Lesbian Advocates & Defenders 1099:"Bush Backs Amendment Banning Gay Marriage" 975: 973: 971: 969: 967: 965: 963: 173:Marshall, joined by Greaney, Ireland, Cowin 1668: 1600: 1586: 961: 959: 957: 955: 953: 951: 949: 947: 945: 943: 892:"SJC Peppers Lawyers on Same-Sex Marriage" 29: 1820:American Civil Liberties Union litigation 1607: 1156: 759:Kerrigan v. Commissioner of Public Health 55:Massachusetts Department of Public Health 1685:Goodridge v. Department of Public Health 1538: 1399: 1275: 1181: 1179: 1128:America's Struggle for Same-Sex Marriage 861:"Judge Dismisses Same-Sex Marriage Suit" 797: 795: 793: 791: 290:The plaintiffs appealed directly to the 245:requires the state to legally recognize 1513:"Same-Sex Marriage Plaintiffs Separate" 1484: 1249: 1123: 1066: 1064: 940: 827: 801: 271:Gay and Lesbian Advocates and Defenders 1787: 1701:Gill v. Office of Personnel Management 1510: 1345: 1132:. Cambridge University Press. p.  1070: 460: 241:case in which the Court held that the 1825:United States same-sex union case law 1581: 1176: 889: 858: 788: 430:She summarized the Court's decision: 1744:Gay and Lesbian Athletics Foundation 1432:"Hillary Goodridge, Julie Goodridge" 1071:Neilan, Terence (February 4, 2004). 1061: 1031:State of the Union, January 20, 2004 500:, professor of political science at 493:Reaction and first same-sex weddings 320:Massachusetts Supreme Judicial Court 239:Massachusetts Supreme Judicial Court 42:Massachusetts Supreme Judicial Court 1769:Harvard Gender and Sexuality Caucus 1539:Levenson, Michael (July 21, 2009). 1250:Belluck, Pam (September 15, 2005). 345: 223:Goodridge v. Dept. of Public Health 57:and Commissioner of Public Health 24:Goodridge v. Dept. of Public Health 13: 1654:Same-sex marriage in Massachusetts 1400:Feathers, Todd (January 8, 2013). 828:Abraham, Yvonne (April 12, 2001). 802:Belluck, Pam (November 19, 2003). 725:Same-sex marriage in Massachusetts 14: 1836: 1573:Copy of Decision at Masscases.com 1566: 1276:Phillips, Frank (June 14, 2007). 890:Burge, Kathleen (March 5, 2003). 636:extended process in Massachusetts 370:'s decision the previous June in 1157:Jurkowitz, Mark (May 19, 2004). 668:On the fifth anniversary of the 1532: 1511:Zezima, Katie (July 22, 2006). 1504: 1485:Abraham, Yvonne (May 9, 2004). 1478: 1452: 1424: 1393: 1365: 1339: 1321: 1305: 1292: 1269: 1243: 1227: 1211: 1195: 1150: 1117: 1090: 1035: 859:Burge, Kathleen (May 9, 2002). 301:Massachusetts Attorney General 1805:2003 in United States case law 1408:. Boston Globe. Archived from 1346:Liptak, Adam (June 26, 2015). 1024: 1001: 985: 914: 883: 852: 821: 609:First Circuit Court of Appeals 447: 205:Cordy, joined by Spina, Sosman 197:Sosman, joined by Spina, Cordy 189:Spina, joined by Sosman, Cordy 1: 1795:LGBTQ rights in Massachusetts 782: 709: 579:and it was lead story in the 1800:Massachusetts state case law 1717:Barrett v. Fontbonne Academy 1649:LGBT rights in Massachusetts 1218:Massachusetts Lawyers Weekly 778:, 763 N.W.2d 862 (Iowa 2009) 730:LGBT rights in Massachusetts 559:, New Mexico (February 20); 7: 1124:Pinello, Daniel R. (2006). 718: 696:In the years following the 441:Court of Appeal for Ontario 313: 10: 1841: 1192:, accessed January 1, 2014 830:"Gays Seek Right to Marry" 563:, New York (February 27); 555:(February 12 โ€“ March 11); 551:couples to wed, including 548:Federal Marriage Amendment 546:the first time endorsed a 510:State of the Union address 243:Massachusetts Constitution 1731: 1639: 1626:Combahee River Collective 1613: 1318:, accessed March 19, 2011 1302:, accessed March 13, 2011 1240:, accessed March 19, 2011 1224:, accessed March 19, 2011 1208:, accessed March 19, 2011 1021:, accessed March 19, 2011 998:, accessed March 19, 2011 746:, 744 A.2d 864 (Vt. 1999) 659: 418:United States v. Virginia 214: 209: 201: 193: 185: 177: 169: 164: 130: 125: 119: 114: 106: 98: 93: 78: 70: 62: 47: 37: 28: 23: 571:, New Jersey (March 8). 567:, Oregon (March 3); and 1754:Family Equality Council 1017:April 12, 2013, at the 982:, accessed July 6, 2016 770:, 43 Cal.4th 757 (2008) 678:Defense of Marriage Act 264: 1659:Massachusetts 1913 law 762:, 289 Conn. 135 (2008) 707: 437: 428: 412: 292:Supreme Judicial Court 288: 1815:2003 in LGBTQ history 1810:2003 in Massachusetts 1608:LGBT in Massachusetts 754:, 188 N.J. 415 (2006) 736:State court decisions 702: 432: 423: 407: 283: 1621:Secret Court of 1920 902:on February 13, 2016 767:In re Marriage Cases 690:Obergefell v. Hodges 537:Republican Governor 278:Department of Health 135:Margaret H. Marshall 1749:Knowthyneighbor.org 1551:on November 6, 2012 1103:The Washington Post 928:. February 20, 2003 506:Roderick L. Ireland 461:Dissenting opinions 356:Roderick L. Ireland 269:On April 11, 2001, 143:Roderick L. Ireland 613:VoteOnMarriage.org 368:U.S. Supreme Court 1782: 1781: 1727: 1726: 840:on March 29, 2015 652:, but failed the 376:that invalidated 373:Lawrence v. Texas 352:Margaret Marshall 336:Robert Travaglini 328:state legislature 259:marriage licenses 247:same-sex marriage 219: 218: 107:Subsequent action 74:November 18, 2003 1832: 1666: 1665: 1602: 1595: 1588: 1579: 1578: 1561: 1560: 1558: 1556: 1547:. Archived from 1536: 1530: 1529: 1527: 1525: 1508: 1502: 1501: 1499: 1497: 1482: 1476: 1475: 1473: 1471: 1456: 1450: 1449: 1447: 1445: 1428: 1422: 1421: 1419: 1417: 1397: 1391: 1390: 1388: 1386: 1380:supremecourt.gov 1377: 1369: 1363: 1362: 1360: 1358: 1343: 1337: 1336: 1335:. June 26, 2015. 1325: 1319: 1309: 1303: 1296: 1290: 1289: 1287: 1285: 1273: 1267: 1266: 1264: 1262: 1247: 1241: 1231: 1225: 1215: 1209: 1199: 1193: 1183: 1174: 1173: 1171: 1169: 1154: 1148: 1147: 1131: 1121: 1115: 1114: 1112: 1110: 1094: 1088: 1087: 1085: 1083: 1068: 1059: 1058: 1056: 1054: 1039: 1033: 1028: 1022: 1005: 999: 989: 983: 977: 938: 937: 935: 933: 918: 912: 911: 909: 907: 898:. Archived from 887: 881: 880: 878: 876: 871:on June 10, 2014 867:. Archived from 856: 850: 849: 847: 845: 836:. Archived from 825: 819: 818: 816: 814: 799: 743:Baker v. Vermont 565:Multnomah County 471:Francis X. Spina 346:Majority opinion 155:Martha B. Sosman 147:Francis X. Spina 126:Court membership 89:941 (Mass. 2003) 33: 21: 20: 1840: 1839: 1835: 1834: 1833: 1831: 1830: 1829: 1785: 1784: 1783: 1778: 1723: 1664: 1635: 1609: 1606: 1569: 1564: 1554: 1552: 1537: 1533: 1523: 1521: 1509: 1505: 1495: 1493: 1483: 1479: 1469: 1467: 1457: 1453: 1443: 1441: 1430: 1429: 1425: 1415: 1413: 1398: 1394: 1384: 1382: 1375: 1371: 1370: 1366: 1356: 1354: 1344: 1340: 1327: 1326: 1322: 1310: 1306: 1297: 1293: 1283: 1281: 1274: 1270: 1260: 1258: 1248: 1244: 1232: 1228: 1216: 1212: 1200: 1196: 1184: 1177: 1167: 1165: 1155: 1151: 1144: 1122: 1118: 1108: 1106: 1095: 1091: 1081: 1079: 1069: 1062: 1052: 1050: 1040: 1036: 1029: 1025: 1019:Wayback Machine 1006: 1002: 990: 986: 978: 941: 931: 929: 920: 919: 915: 905: 903: 888: 884: 874: 872: 857: 853: 843: 841: 826: 822: 812: 810: 800: 789: 785: 775:Varnum v. Brien 751:Lewis v. Harris 721: 712: 662: 597:Liberty Counsel 593: 581:Washington Post 557:Sandoval County 495: 467:Robert J. Cordy 463: 454:John M. Greaney 450: 390:strict scrutiny 364:John M. Greaney 360:Judith A. Cowin 348: 316: 267: 159:Robert J. Cordy 151:Judith A. Cowin 139:John M. Greaney 17: 12: 11: 5: 1838: 1828: 1827: 1822: 1817: 1812: 1807: 1802: 1797: 1780: 1779: 1777: 1776: 1771: 1766: 1761: 1756: 1751: 1746: 1741: 1735: 1733: 1729: 1728: 1725: 1724: 1722: 1721: 1713: 1705: 1697: 1689: 1681: 1672: 1670: 1663: 1662: 1656: 1651: 1645: 1643: 1637: 1636: 1634: 1633: 1628: 1623: 1617: 1615: 1611: 1610: 1605: 1604: 1597: 1590: 1582: 1576: 1575: 1568: 1567:External links 1565: 1563: 1562: 1531: 1518:New York Times 1503: 1477: 1451: 1440:. May 23, 2004 1437:New York Times 1423: 1412:on May 8, 2022 1392: 1364: 1352:New York Times 1338: 1320: 1304: 1291: 1280:. Boston Globe 1268: 1256:New York Times 1242: 1226: 1210: 1202:New York Times 1194: 1175: 1149: 1143:978-0521848565 1142: 1116: 1089: 1077:New York Times 1060: 1034: 1023: 1000: 992:New York Times 984: 939: 913: 882: 851: 820: 808:New York Times 786: 784: 781: 780: 779: 771: 763: 755: 747: 738: 737: 733: 732: 727: 720: 717: 711: 708: 661: 658: 643:it failed the 592: 589: 585:New York Times 514:George W. Bush 502:Boston College 494: 491: 462: 459: 449: 446: 395:rational basis 350:Chief Justice 347: 344: 315: 312: 266: 263: 217: 216: 212: 211: 207: 206: 203: 199: 198: 195: 191: 190: 187: 183: 182: 179: 175: 174: 171: 167: 166: 162: 161: 132: 131:Judges sitting 128: 127: 123: 122: 117: 116: 112: 111: 108: 104: 103: 100: 96: 95: 91: 90: 80: 76: 75: 72: 68: 67: 64: 60: 59: 49: 48:Full case name 45: 44: 39: 35: 34: 26: 25: 15: 9: 6: 4: 3: 2: 1837: 1826: 1823: 1821: 1818: 1816: 1813: 1811: 1808: 1806: 1803: 1801: 1798: 1796: 1793: 1792: 1790: 1775: 1772: 1770: 1767: 1765: 1762: 1760: 1757: 1755: 1752: 1750: 1747: 1745: 1742: 1740: 1737: 1736: 1734: 1732:Organizations 1730: 1719: 1718: 1714: 1711: 1710: 1706: 1703: 1702: 1698: 1695: 1694: 1693:Cook v. Gates 1690: 1687: 1686: 1682: 1679: 1678: 1674: 1673: 1671: 1667: 1660: 1657: 1655: 1652: 1650: 1647: 1646: 1644: 1642: 1638: 1632: 1629: 1627: 1624: 1622: 1619: 1618: 1616: 1612: 1603: 1598: 1596: 1591: 1589: 1584: 1583: 1580: 1574: 1571: 1570: 1550: 1546: 1542: 1535: 1520: 1519: 1514: 1507: 1492: 1488: 1481: 1466: 1462: 1461:"Wedding Day" 1455: 1439: 1438: 1433: 1427: 1411: 1407: 1403: 1396: 1381: 1374: 1368: 1353: 1349: 1342: 1334: 1330: 1324: 1317: 1313: 1308: 1301: 1295: 1279: 1272: 1257: 1253: 1246: 1239: 1235: 1230: 1223: 1219: 1214: 1207: 1203: 1198: 1191: 1187: 1182: 1180: 1164: 1160: 1153: 1145: 1139: 1135: 1130: 1129: 1120: 1104: 1100: 1093: 1078: 1074: 1067: 1065: 1049: 1045: 1038: 1032: 1027: 1020: 1016: 1013: 1009: 1004: 997: 993: 988: 981: 976: 974: 972: 970: 968: 966: 964: 962: 960: 958: 956: 954: 952: 950: 948: 946: 944: 927: 923: 917: 901: 897: 893: 886: 870: 866: 862: 855: 839: 835: 831: 824: 809: 805: 798: 796: 794: 792: 787: 777: 776: 772: 769: 768: 764: 761: 760: 756: 753: 752: 748: 745: 744: 740: 739: 735: 734: 731: 728: 726: 723: 722: 716: 706: 701: 699: 694: 692: 691: 686: 685:Supreme Court 681: 679: 675: 671: 666: 657: 655: 651: 646: 642: 637: 633: 628: 626: 621: 616: 614: 610: 606: 602: 598: 588: 586: 582: 577: 572: 570: 566: 562: 558: 554: 553:San Francisco 549: 544: 540: 535: 532: 528: 522: 518: 515: 511: 507: 503: 499: 490: 486: 482: 478: 476: 475:Martha Sosman 472: 468: 458: 455: 445: 442: 436: 431: 427: 422: 420: 419: 411: 406: 403: 399: 397: 396: 391: 385: 383: 379: 375: 374: 369: 365: 361: 357: 353: 343: 341: 337: 333: 329: 324: 321: 311: 307: 304: 299: 297: 293: 287: 282: 279: 274: 272: 262: 260: 256: 255:highest court 252: 248: 244: 240: 237: 233: 229: 225: 224: 213: 208: 204: 200: 196: 192: 188: 184: 180: 176: 172: 168: 165:Case opinions 163: 160: 156: 152: 148: 144: 140: 136: 133: 129: 124: 118: 113: 109: 105: 101: 99:Prior actions 97: 92: 88: 84: 83:440 Mass. 309 81: 77: 73: 69: 66:March 4, 2003 65: 61: 58: 56: 50: 46: 43: 40: 36: 32: 27: 22: 19: 1759:MassEquality 1715: 1707: 1699: 1691: 1684: 1683: 1675: 1553:. Retrieved 1549:the original 1545:Boston Globe 1544: 1534: 1522:. Retrieved 1516: 1506: 1494:. Retrieved 1491:Boston Globe 1490: 1480: 1468:. Retrieved 1465:Boston Globe 1464: 1454: 1442:. Retrieved 1435: 1426: 1414:. Retrieved 1410:the original 1405: 1395: 1383:. Retrieved 1379: 1367: 1355:. Retrieved 1351: 1341: 1332: 1323: 1311: 1307: 1294: 1282:. Retrieved 1271: 1259:. Retrieved 1255: 1245: 1234:Boston Globe 1233: 1229: 1217: 1213: 1201: 1197: 1185: 1166:. Retrieved 1163:Boston Globe 1162: 1152: 1127: 1119: 1107:. Retrieved 1105:. p. A1 1102: 1092: 1080:. Retrieved 1076: 1051:. Retrieved 1048:Boston Globe 1047: 1037: 1026: 1008:Boston Globe 1007: 1003: 991: 987: 930:. Retrieved 925: 916: 904:. Retrieved 900:the original 896:Boston Globe 895: 885: 873:. Retrieved 869:the original 865:Boston Globe 864: 854: 842:. Retrieved 838:the original 834:Boston Globe 833: 823: 811:. Retrieved 807: 773: 765: 757: 749: 741: 713: 703: 697: 695: 688: 682: 674:Mary Bonauto 669: 667: 663: 631: 629: 624: 617: 605:Joseph Tauro 594: 584: 580: 575: 573: 542: 536: 530: 526: 523: 519: 512:, President 496: 487: 483: 479: 464: 451: 438: 433: 429: 424: 416: 413: 408: 404: 400: 393: 389: 386: 381: 371: 349: 332:civil unions 325: 317: 308: 300: 296:Mary Bonauto 289: 284: 275: 268: 234:2003), is a 222: 221: 220: 210:Laws applied 94:Case history 51: 18: 1669:Court cases 1661:(1913โ€“2008) 1312:Bay Windows 1186:Bay Windows 1109:January 15, 926:Bay Windows 654:second time 645:second time 569:Asbury Park 539:Mitt Romney 448:Concurrence 378:sodomy laws 340:Harvard law 178:Concurrence 1789:Categories 1406:Boston.com 1053:August 20, 813:October 1, 783:References 710:Plaintiffs 672:decision, 650:first time 641:first time 601:Article IV 498:Alan Wolfe 303:Tom Reilly 251:U.S. state 1555:March 18, 1444:March 18, 844:August 2, 698:Goodridge 687:ruled in 670:Goodridge 632:Goodridge 576:Goodridge 561:New Paltz 543:Goodridge 531:Goodridge 527:Goodridge 465:Justices 121:remanded. 79:Citations 1496:July 29, 1385:June 26, 1357:June 26, 1168:July 11, 1015:Archived 932:July 10, 906:July 11, 719:See also 680:(DOMA). 620:1913 law 583:and the 452:Justice 382:marriage 314:Decision 236:landmark 170:Majority 1614:History 1524:June 7, 1470:July 9, 1284:July 8, 1261:July 7, 1082:July 8, 875:July 9, 202:Dissent 194:Dissent 186:Dissent 181:Greaney 115:Holding 71:Decided 1774:Keshet 1720:(2015) 1712:(2013) 1704:(2013) 1696:(2008) 1688:(2003) 1680:(1995) 1641:Rights 1416:May 8, 1140:  660:Impact 473:, and 362:, and 228:N.E.2d 226:, 798 87:N.E.2d 85:, 798 63:Argued 1376:(PDF) 1298:CNN: 232:Mass. 230:941 ( 38:Court 1557:2011 1526:2007 1498:2013 1472:2013 1446:2011 1418:2022 1387:2015 1359:2015 1286:2013 1263:2013 1170:2013 1138:ISBN 1111:2009 1084:2013 1055:2013 934:2013 908:2013 877:2013 846:2013 815:2014 265:Case 110:none 1333:CNN 253:'s 1791:: 1543:. 1515:. 1489:. 1463:. 1434:. 1404:. 1378:. 1350:. 1331:. 1314:: 1254:. 1236:: 1220:: 1204:: 1188:: 1178:^ 1161:. 1136:. 1134:19 1101:. 1075:. 1063:^ 1046:. 1010:: 994:: 942:^ 924:. 894:. 863:. 832:. 806:. 790:^ 587:. 469:, 398:. 358:, 157:, 153:, 149:, 145:, 141:, 137:, 1601:e 1594:t 1587:v 1559:. 1528:. 1500:. 1474:. 1448:. 1420:. 1389:. 1361:. 1288:. 1265:. 1172:. 1146:. 1113:. 1086:. 1057:. 936:. 910:. 879:. 848:. 817:.

Index


Massachusetts Supreme Judicial Court
Massachusetts Department of Public Health
440 Mass. 309
N.E.2d
Margaret H. Marshall
John M. Greaney
Roderick L. Ireland
Francis X. Spina
Judith A. Cowin
Martha B. Sosman
Robert J. Cordy
N.E.2d
Mass.
landmark
Massachusetts Supreme Judicial Court
Massachusetts Constitution
same-sex marriage
U.S. state
highest court
marriage licenses
Gay and Lesbian Advocates and Defenders
Department of Health
Supreme Judicial Court
Mary Bonauto
Tom Reilly
Massachusetts Supreme Judicial Court
state legislature
civil unions
Robert Travaglini

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.

โ†‘