Massachusetts Court Rules on Same-Sex Marriage

On November 18, the Massachusetts Supreme Court ruled that it is unconstitutional to deny same-sex couples the protections and benefits provided through legal marriage.

This does not mean, however, that same-sex couples in Massachusetts will be able to tie the knot immediately. The Legislature now has 180 days to come up with a solution that responds to the decision.

Synopsis:
The Massachusetts Supreme Judicial Court held today 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." The court stayed the entry of judgment for 180 days "to permit the Legislature to take such action as it may deem appropriate in light of this opinion."

"Marriage is a vital social institution," wrote Chief Justice Margaret H. Marshall for the majority of the Justices. "The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial, and social benefits. In turn it imposes weighty legal, financial, and social obligations." The question before the court was "whether, consistent with the Massachusetts Constitution," the Commonwealth could deny those protections, benefits, and obligations to two individuals of the same sex who wish to marry.

In ruling that the Commonwealth could not do so, the court observed that the Massachusetts Constitution "affirms the dignity and equality of all individuals," and "forbids the creation of second-class citizens." It reaches its conclusion, the court said, giving "full deference to the arguments made by the Commonwealth." The Commonwealth, the court ruled, "has failed to identify any constitutionality adequate reason for denying civil marriage to same-sex couples."

Links for additional information:

Gay and Lesbian Advocates and Defenders (GLAD) Website: http://www.glad.org

Website for the Supreme Judicial Court of Massachusetts:
http://www.state.ma.us/courts/courtsandjudges/courts/supremejudicialcourt/

CNN article: http://www.cnn.com/2003/LAW/11/18/gay.marriage.reut/index.html

Boston Globe article: http://www.boston.com/news/daily/18/gay_marriage.htm