SAME-SEX MARRIAGE

Overview | Cases | News articles |
Law Reviews | Websites | Treatises | Other Resources |
Suffolk Faculty Contributions

Overview

On March 4, 2003, the Massachusetts' Supreme Judicial Court heard arguments by the Gay & Lesbian Advocates & Defenders (GLAD) on behalf of seven couples seeking the right to civil marriage. The plaintiffs were denied marriage licenses and seek a declaration that they are entitled to marriage licenses under Massachusetts law. The defendant is the Department of Public Health (DPH) because DPH is charged under Massachusetts law with enforcing state laws that pertain to marriage.

GLAD argued that the Massachusetts Constitution guarantees that all people shall be treated equally and enjoy fundamental liberties and that without the freedom to marry under Massachusetts state law, same-sex couples and their children are denied the protections and responsibilities that marriage provides.

Because the case is based on the Massachusetts Constitution, it cannot be appealed to federal court or to the U.S. Supreme Court.

On November 18, 2003 the SJC became the nation's first state supreme court to rule that same-sex couples have the legal right to marry.

On February 3, 2004 the SJC decided that a proposed civil union bill (Senate, No. 2175) would establish "unconstitutional, inferior and discriminatory status for same-sex couples." This advisory opinion reiterated the Court's November decision that backed full marital rights for same-sex couples. For more details on the SJC's February 4th decision read the full opinion (In re Opinions of the Justices to the Senate, 440 Mass 1201) via Westlaw or Lexis or view the Free SJC version.

On February 11, 2004, Massachusetts legislators held a constitutional convention and debated whether or not to amend the Massachusetts Constitution to ban same-sex marriage. The convention adjourned on February 12th without a majority vote on any of the proposed amendments. Legislators will reconvene for another Constitutional Convention on March 11, 2004.

Cases

Goodridge v. Department of Public Health

SJC's November 18, 2003 decision (440 Mass. 309): Free SJC version or via Westlaw or Lexis

Complaint

Answer (C.A. No. 01-1647-A)

Attorney General's Memorandum

Trial Opinion (Superior Court, Civil Action No: 2001-1647-A)

Plaintiffs'-Appellants' Brief (GLAD)

Defendants'-Appellee's Brief (Attorney General)

Amicus Briefs

14 Mass.L.Rptr. 591 Westlaw or Lexis

Complete Litigation History News Articles

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News Articles

Three Viewpoints Produced Gridlock, Boston Globe, By Ralphael Lewis, (February 14, 2004)

Gridlock in Marriage Debate; Deeply Split Mass. Legislature to Reconvene in March Session, Boston Globe, By Rick Klein, (February 13, 2004)

SJC Affirms Gay Marriage; Court Deems Civil-Unions Insufficient, Boston Globe, By Ralph Lewis (February 5, 2004)

Cambridge Endorses Same-Sex Marriage, Boston Globe, By Benjamin Gedan, (Cambridge is the state's first municipality to officially sanction the Supreme Judicial Court's ruling that same-sex marriage is legal under the state constitution.) (November 25, 2003)

50% In Poll Back SJC Ruling on Gay Marriage, Boston Globe, By Frank Phillips, and Rick Klein, (November 23, 2003)

10 Years Work Led To Historic Win in Court, Boston Globe, By Yvonne Abraham, (November 23, 2003)

Court's Ruling Opens New Era in Civil Rights, Boston Globe, By Derrick Jackson, (November 21, 2003)

Groups Muster to Fight Gay Marriage in Mass., Boston Globe, By Raphael Lewis, (November 20, 2003)

Gays Have Right to Marry, SJC Says in Historic Ruling, Boston Globe, By Kathleen Burge, (November 19, 2003)

Gay Marriage: Background, New Hour with Jim Lehrer, Transcript (July 31, 2003)

Gay marriage stirs conservatives again: Right wing braces for Mass. ruling, Boston Globe, (Sept. 28, 2003)

Rome casts its ballot: The Vatican's current stance on same-sex-marriage legislation resurrects church/state issues put to rest by JFK four decades ago, Boston Phoenix (August 14, 2003)

Changing the Definition of Marriage, Boston Globe, (March 9, 2003) Westlaw or Lexis

Gay Marriage Looms As Issue: Republican lawmakers and conservative activists are making plans to turn gay marriage into a major issue in next year's elections, WashingtonPost.com, By Mike Allen, (October 25, 2003) Page A01

GOP Sees '04 Issue in Gay Marriage, Boston Globe, By Mary Leonard, (November 7, 2003), Westlaw or Lexis

Bush wants marriage reserved for heterosexuals, CNN.com (October 28, 2003)

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Law Reviews 

Inching down the aisle: Differing paths toward the legalization of same-sex marriage in the United States and Canada, 116 Harvard Law Review 2004 (2003) Westlaw or Lexis

Constitutional constraints on inter-state same-sex marriage recognition, 116 Harvard Law Review 2028 (2003) Westlaw or Lexis

The cultural power of law and the cultural enactment of legality: The case of same-sex marriage, 28 Law & Soc. Inquiry 629-657 (2003) Westlaw or Lexis

Something Old, Something New: Does the Massachusetts Constitution Provide for Same-Sex "Marriage"? 12 BU Pub. Int. L. J. 137 (2002)

Riddle for our times: The continued refusal to apply the miscegenation analogy to same-sex marriage, 54 Rutgers L. Rev. 999-1019 (2002) Westlaw or Lexis

Something old, something new: Does the Massachusetts Constitution provide for same-sex "marriage"?, 12 Boston Univ. Public Interest Law Journal 137 (2002) Westlaw or Lexis

Sex, marriage and history: Analyzing the continued resistance to same-sex marriage, 55 SMU Law Review 1657 (2002) Westlaw or Lexis

Same-sex marriages and civil unions: On meaning, free exercise and constitutional guarantees, 33 Loyola University of Chicago Law Journal 597 (2002) Westlaw or Lexis

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Websites

Proponents of Same-Sex Marriage:

Gay & Lesbian Advocates and Defenders (GLAD)

Human Rights Coalition

The Freedom to Marry Coalition of Massachusetts 

Opponents of Same Sex Marriage:

Family Research Council

Marriage Watch

Massachusetts Family Institute

Other Related Websites:

Supreme Judicial Court of Massachusetts

Massachusetts General Court

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Treatises            

Walsh, Ann; Landers, Renée, et. al., Gay Marriage: a comprehensive view of the issues surrounding gay marriage, civil unions and domestic partnerships by examining history, legislation and viewpoints within the United States, Europe and Canada. Boston?: Ann F. Walsh, 2003 HQ1034.U5 W35 2003 LAW RESERVE & LAW TREATISES (FL 5)

Wardle, Lynn, et al., Marriage and same-sex unions : a debate. Westport, Conn. : Praeger, 2003, HQ1034.U5 M37 2003, LAW NEW BKS CASE (FL 6)

Merin, Yuval, Equality for same-sex couples : the legal recognition of gay partnerships in Europe and the United States. Chicago : University of Chicago Press, c2002, K699 .M47 2002, LAW TREATISES (FL 5)

Eskridge, William N., Equality practice : civil unions and the future of gay rights. New York : Routledge, 2002, HQ76.3.U5 E85 2002, LAW TREATISES (FL 5)

Goldberg-Hiller, Jonathan, The limits to union : same-sex marriage and the politics of civil rights. Ann Arbor : University of Michigan Press, c2002, HQ1034.U5 G65 2002, LAW TREATISES (FL 5)

Bourassa, Kevin; Varnell, Joe, Just married : gay marriage and the expansion of human rights. Madison, Wis. : University of Wisconsin Press, c2002, HQ1034.C2 B68 2002, LAW NEW BKS CASE (FL 6)

Wintemute, Robert; Andenæs, Mads, eds., The legal recognition of same-sex partnerships : a study of national, European and international law. Oxford ; Portland, Or. : Hart, 2001, K670 .L44 2001, LAW TREATISES (FL 5)

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Suffolk Contributions

Amici Curiae Brief of Charles Kindregan & Monroe Inker

Renee Landers' testimony on behalf of the Boston Bar Association

Walsh, Ann; Landers, Renée, et. al., Gay Marriage: A Comprehensive View of the Issues Surrounding Gay Marriage, Civil Unions and Domestic Partnerships by Examining History, Legislation and Viewpoints within the United States, Europe and Canada.

Other Resources

Marriage Protection Act of 2003

The Federal Marriage Amendment

Defense of Marriage Act (1996), ,28 USC 1738C, 1 USC 7

Defense of Marriage Act -- Texas

Same-Sex Marriage: A Selective Bibliography of the Legal Literature

Rutgers School of Law Newark Law Library

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If you have any questions, comments or suggestions, email:
Diane D'Angelo, Reference Librarian.

Last modified: June 29, 2006.