How it all Started

SAME SEX MARRIAGE IN MASSACHUSETTS

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

GLADViolation of Equal

Protection ClauseSame 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

VERMONTVermont

Constitution– Common Benefits Clause

MASSACHUSETTSNo 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 Const itution

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