how it all started same sex marriage in massachusetts
TRANSCRIPT
March 4, 2003- November 18, 2003
Gay and Lesbian support group (GLAD) sues Massachusetts under Equal Protection Clause in MA Constitution
Massachusetts Court rules in favor of GLAD
(4-3 Ruling)
GOODRIDGE V. DEPARTMENT OF HEALTH
GLAD
Violation of Equal Protection Clause
Same sex couples are unable to receive the same benefits as married couples
Tax benefitsProperty RightsEtc.
State of Massachusetts
Institution of Marriage promotes procreation
Benefits of heterosexual parents
Administrative inconvenience
ARGUMENTS
Modern day fertilization advances
No proof same sex couples could not parent
State could not deny any citizen basic marital rights
REASONS FOR DECISION
VERMONT
Vermont Constitution– Common Benefits Clause
MASSACHUSETTS
No pre-existing equality clause
WHY MASSACHUSETTS AND NOT VERMONT?
The Court gave the Legislature 180 days to make a decision
The Legislature tried to make a slight change
Civil union as opposed to marriageCourt says “No!”
"[w]ithout the right to choose to marry, same-sex couples are not only denied full protection of the laws, but are excluded from the full range of human experience.” – Massachusetts Court
“only a right to enter civil marriage would cure the constitutional infirmity in the state's law” –CNN
WHAT HAPPENED NEXT?
MGL c.207. Marriage. The same laws and procedures that govern traditional marriage also apply to same-sex marriages. There are no special procedures for a same-sex marriage.
Massachusetts Constitution
MASS LAW
Case Brief Summmary. "Goodridge v. Dept. of Public Health." Case Brief Summary . Case Brief Summary, 6 Nov. 2012. Web. 12 Apr. 2013.
Grossman, Joanna. "How Same-sex Marriage Became Legal in Massachusetts." CNN. Cable News Network, 6 Feb. 2004. Web. 12 Apr. 2013.
Law Libraries. "Massachusetts Law About Same-Sex Marriage." Massachusetts Law About Same-Sex Marriage . Massachusetts Trial Court Law Liberties, 28 Feb. 2013. Web. 12 Apr. 2013.
ProCon.org. "Same-Sex Marriage Timeline." ProCon.org . 11 Feb. 2013. Web. 12 Apr. 2013.
*All Images from Google
RESOURCES