SAME SEX MARRIAGE IN MASSACHUSETTS How it all

GOODRIDGE V. DEPARTMENT OF HEALTH March 4, 2003 November 18, 2003 Gay and Lesbian

ARGUMENTS GLAD Violation of Equal Protection Clause Same sex couples are unable to receive

REASONS FOR DECISION Modern day fertilization advances No proof same sex couples could not

WHY MASSACHUSETTS AND NOT VERMONT? VERMONT MASSACHUSETTS Vermont Constitution– Common Benefits Clause No pre-existing

WHAT HAPPENED NEXT? The Court gave the Legislature 180 days to make a decision

MGL c. 207. Marriage. The same laws and procedures that govern traditional marriage

RESOURCES Case Brief Summmary. "Goodridge v. Dept. of Public Health. " Case Brief Summary,

Slides: 8

Download presentation

SAME SEX MARRIAGE IN MASSACHUSETTS How it all Started

GOODRIDGE V. DEPARTMENT OF HEALTH 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)

ARGUMENTS GLAD Violation of Equal Protection Clause Same sex couples are unable to receive the same benefits as married couples Tax benefits Property Rights Etc. State of Massachusetts Institution of Marriage promotes procreation Benefits of heterosexual parents Administrative inconvenience

REASONS FOR DECISION Modern day fertilization advances No proof same sex couples could not parent State could not deny any citizen basic marital rights

WHY MASSACHUSETTS AND NOT VERMONT? VERMONT MASSACHUSETTS Vermont Constitution– Common Benefits Clause No pre-existing equality clause

WHAT HAPPENED NEXT? The Court gave the Legislature 180 days to make a decision The Legislature tried to make a slight change § Civil union as opposed to marriage Court 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

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. MASS LAW Massachusetts Constitution

RESOURCES Case Brief Summmary. "Goodridge v. Dept. of Public Health. " 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. Pro. Con. org. "Same-Sex Marriage Timeline. " Pro. Con. org. 11 Feb. 2013. Web. 12 Apr. 2013. *All Images from Google