Same-sex marriage in Massachusetts
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| Same-sex marriage |
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| Performed nationwide in |
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Netherlands (2001) |
| Performed statewide in |
| Massachusetts, USA (2004) |
| Foreign same-sex marriage recognized in |
| Israel (2006) |
| Debate in other countries and regions |
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Aruba |
| See also |
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Civil union |
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004 because the Supreme Judicial Court of Massachusetts ruled in Goodridge v. Department of Public Health that it was unconstitutional to allow only heterosexual couples to marry. It is the first and only U.S. state to make same-sex marriages legal.<ref name="legal">"SJC: Gay marriage legal in Mass." at The Boston Globe</ref>
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[edit] History
Goodridge v. Department of Public Health was brought by Gloria Bailey and Linda Davies; Maureen Brodoff and Ellen Wade; Hillary Goodridge and Julie Goodridge; Gary Chalmers and Richard Linnell; Heidi Norton and Gina Smith; Michael Horgan and Edward Balmelli; and David Wilson and Robert Compton; the plantiffs successfully argued that denying gay couples equal marriage rights was unconstitutional. The court specified that the original marriage law banned homosexuals from marrying. This law was left intact by the Goodridge ruling ("Here, no one argues that striking down the marriage laws is an appropriate form of relief." [1]. The court gave the Massachusetts Legislature 180 days in which to "take such action as it may deem appropriate" following its November 18, 2003 ruling. Gov. Mitt Romney ordered town clerks to begin issuing marriage licenses on May 17, 2004.
The first applications for marriage licenses for same-sex couples were issued at City Hall in Cambridge. Same-sex couples formed long lines in anticipation, with some waiting outside the City Hall all evening May 16. Beginning at 12:01 a.m. on the May 17, they were permitted to fill out their Notices of Intent to Marry. The first to file were Marcia Hams and Susan Shepherd. Other cities and towns in Massachusetts began issuing applications later in the morning, during business hours.
Massachusetts normally has a three-day waiting period before issuing marriage licenses, but many couples obtained waivers of the waiting period in order to be wed on May 17. Among these were the seven couples who were party to the lawsuit that led to the legalization of same-sex marriage, including Julie Goodridge and Hillary Goodridge, who were the first to apply for a license in Boston and whose eight-year old daughter Annie was their ringbearer and flower girl at their wedding at the Unitarian Universalist Association of Boston.
Cambridge took in 227 applications overnight; Provincetown took in 113; more than 1,000 applications were made on the first day statewide. Two-thirds of applicants were women, and one-half of the applicants had been partners for more than a decade. Forty percent of the female couples had children in their homes. In the first year, more than 6200 gay and lesbian couples were married due to pent-up demand, but that number fell to only 1900 marriages in the second year. Out of the total of more than 8100 marriages, 64% involve lesbian couples.<ref>"8,100 gay, lesbian couples marry after 2004 decision"</ref> In comparison, more than 36,000 heterosexual couples are married each year in Massachusetts.<ref>"National Center for Health Statistics"</ref>
Governor Mitt Romney launched the "superslate" campaign in 2004, based on the idea that the state Republican party could use Conservative ideals and family values as a wedge issue and gain seats, spending millions of his own dollars and personally campaigning for Republican candidates in traditionally Democratic seats. Despite his efforts, the Republican party nonetheless lost three seats in the 2004 election. Since then, many legislators have changed their views to reflect growing support for gay marriage among their constituents. One of the original sponsors of the amendment to ban gay marriage and legalize civil unions, Brian Lees, said, "Gay marriage has begun, and life has not changed for the citizens of the commonwealth, with the exception of those who can now marry."<ref>"Same-Sex Marriage Win In Boston" at CBS News</ref>
[edit] Future
The future of same-sex marriage in Massachusetts is still uncertain, as there is an active effort to amend the state constitution in order to forbid it. In order to amend the state constitution, it is necessary for an amendment first to pass two state constitutional conventions (a joint session of the state general court, i.e. the House of Representatives and the Senate), before going before the voters in a referendum. An amendment that would forbid same-sex marriage, establish civil unions for same-sex couples conveying the same rights and responsibilities as marriage, and convert existing same-sex marriages into civil unions passed the first constitutional convention but was defeated in the second.
Many moderate legislators who had initially voted for the amendment abandoned it, and most legislators on the right elected to throw their support behind a new ballot initiative to ban future same-sex marriages, with no provision for civil unions.
The new amendment is sponsored by an organization called VoteOnMarriage.org. The full text of the proposed amendment reads "When recognizing marriages entered into after the adoption of this amendment by the people, the Commonwealth and its political subdivisions shall define marriage only as the union of one man and one woman."
The new amendment was certified as a valid referendum on September 7, 2005 by Massachusetts Attorney General Thomas Reilly.<ref>"Reilly OK's 2008 initiative on ban of gay marriage" at The Boston Globe</ref> VoteOnMarriage.Org then collected 170,000 signatures before the December 7, 2005 deadline; 65,825 were required. The amendment was challenged in court, based on a provision in the Massachusetts Constitution (Article 48, Section 2), which prohibits the use of an initiative petition for "reversal of a judicial decision."[2] In July 2006, the Massachusetts Supreme Judicial Court ruled unanimously that the amendment did not constitute "reversal" of a judicial decision.<ref name="referendum constitionality">Gay-marriage opponents get SJC go-ahead Scott Helman, Boston Globe, July 11, 2006</ref> If passed, the amendment will restrict future marriages to opposite-sex couples but not rescind the approximately 8,000 same-sex marriage licenses already issued. <ref> 'Marriage' amendment OK'd for vote Cheryl Wetzstein, The Washington Times, July 11, 2006</ref>
The measure can now appear on the ballot if 50 legislators approve it in each of two consecutive sessions of the Massachusetts General Court. If they do so, the measure will appear on the ballot in 2008.<ref name="signatures">"Massachusetts gay marriage opponents move closer to ballot initiative" at JURIST</ref> The first vote was scheduled for July 12, 2006,<ref name="referendum convention">"Tactics honed as debate nears on banning gay marriage" at The Boston Globe</ref> but was postponed until November 9, 2006 to take place after the next state elections.<ref name="referendum convention2">"Lawmakers delay vote on gay marriage measure." Andrea Estes and Russell Nichols, The Boston Globe, July 13, 2006</ref> On November 9th, 2006 the Legislature voted to recess the Constitutional Convention until Jan. 2, thereby all but guaranteeing defeat of the proposed ballot measure slated for 2008 which would have ended same-sex marriage in Massachusetts.
On November 19, 2006, Gov. Mitt Romney led a rally against the tactics that the Massachusetts legislature is using to delay and possibly prevent a vote on the same-sex marriage ballot inititiative in front of the Massachusetts State House. Romney said he will ask a justice of the state Supreme Judicial Court this week to put the initiative on the ballot in case the legislators fail to vote on the initiative on the last day of the Joint Session scheduled for January 2, 2007 as is required by the Massachusetts Constitution Amendments Article XLVIII, The Initiative, IV. Legislative Action on Proposed Amendments, Section 2. Joint Session. [3] Romney said, "The issue before us is not whether same-sex couples should marry. The issue before us today is whether 109 legislators will follow the constitution."
[edit] Timeline
- May 7, 2002: Suffolk County Superior Court Judge Thomas E. Connolly issues an opinion in Goodridge v. Department of Public Health denying plaintiffs' statutory and constitutional claims for recognition of same-sex marriage. Relying on the history of Massachusetts marriage laws and constitutional provisions, Judge Connolly determined that the marriage statute was not gender-neutral and no fundamental right to same-sex marriage existed. He concluded by saying that the issue should be handled by the legislature.<ref name="legal" />
- November 18, 2003: The Massachusetts Supreme Judicial Court rules 4 to 3 in Goodridge v. Department of Public Health that the state's ban on same-sex marriage is unconstitutional and gives the state legislature 180 days to change the law. The court found that Massachusetts may not "deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry" because of a clause in the state's constitution that forbids "the creation of second-class citizens."<ref name="legal" />
- February 4, 2004: The court clarified in a statement to the Massachusetts Senate that it was unacceptable to allow heterosexual couples marriages but homosexual couples only civil unions; they found the distinction unconstitutional discrimination, even if the state rights granted were otherwise identical.<ref>"Opinions of the Justices to the Senate" at The Boston Globe</ref>
- February 11, 2004: A constitutional convention is convened to attempt to overturn the Supreme Court's decision. After six weeks marked by intense debate and tactical voting to prevent a more extreme measure, the state legislature narrowly passes an amendment 105-92 that would ban same-sex marriage but allow civil unions. The amendment could have taken effect if it was approved by the legislature in 2005, and by popular vote in 2006.<ref>"Vote ties civil unions to gay-marriage ban" at The Boston Globe</ref>
- May 17, 2004: The Supreme Court's ruling went into effect, 180 days after it was issued. The city of Cambridge began processing applications at one minute past midnight, cheered on by a crowd of five thousand gathered outside City Hall. Massachusetts has a three-day waiting period after a marriage application has been issued, but couples can seek a judicial waiver of that requirement.<ref>"Cambridge plays host to a giant celebration" at The Boston Globe</ref>. The first marriage was issued to Tanya McCloskey and Marcia Kadish, of the Boston suburb of Malden — was finalized by 9:15 a.m. on May 17.<ref>"Same-sex couples exchange vows in Massachusetts" at CNN</ref>
- September 7, 2005: Massachusetts Attorney General Thomas Reilly certified the wording of a referendum to ban gay marriage: "When recognizing marriages entered into after the adoption of this amendment by the people, the Commonwealth and its political subdivisions shall define marriage only as the union of one man and one woman."
- September 14, 2005: The second convention to amend the Commonwealth's Constitution to disallow same-sex marriage (but permit civil unions) was held, which would allow the issue to go to a popular vote in 2006. This time, the amendment was defeated soundly, 157-39, and thus was not put before the voters.<ref>"Massachusetts Rejects Bill to Eliminate Gay Marriage" at The New York Times</ref>
- December 7, 2005: VoteOnMarriage.Org submitted 170,000 signatures for the referendum, with 65,825 required. <ref name="signatures" /> The amendment can now appear on the ballot if 50 legislators approve it in conventions during the current and next legislative sessions. The first convention is scheduled for July 12, 2006.<ref name="referendum convention" />
- March 30, 2006: The Supreme Judicial Court upheld a 1913 Massachusetts law that prohibits non-residents from marrying in Massachusetts if their marriage would be void in their home state. It ruled that same-sex couples domiciled in other states that expressly prohibit same-sex marriage cannot legally marry in Massachusetts, and remanded cases from New York and Rhode Island to the Superior Court to determine whether same-sex marriage is prohibited in those states.<ref>"Will the State of Massachusetts Ever Permit Same-Sex Out-of-Staters to Marry?" at FindLaw</ref>
- September 29, 2006: Superior Court Justice Thomas E. Connolly ruled "that same-sex marriage is [...] not prohibited in Rhode Island". In his ruling<ref>http://www.glad.org/marriage/Cote-Whitacre/9_29_06.pdf</ref>, Justice Connolly wrote:
- No evidence was introduced before this Court of a constitutional amendment, statute, or controlling appellate decision from Rhode Island that explicitly deems void or otherwise expressly forbids same-sex marriage; and, after an exhaustive search, this Court has found no such prohibitory law. (page 8)
[edit] See also
- Same-sex marriage in the United States
- Same-sex marriage legislation in the United States
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinion
- Same-sex marriage status in the United States by state
- List of benefits of marriage in the United States
- Defense of Marriage Act
- Marriage Protection Act
- Defense of marriage amendment
- Federal Marriage Amendment
- Domestic partnerships in the United States
- Marriage Under Fire
- Freedom to Marry Coalition
- History of civil marriage in the U.S.
[edit] References
<references />
[edit] External links
- Boston Herald profile of the seven same-sex couples marrying today
- Same-Sex Marriage in Massachusetts by Gay & Lesbian Advocates and Defenders
- Defending Same-Sex Marriage Rights in Massachusetts
- Frequently Asked Questions: Goodridge et al. v. The Department of Public Health by the Human Rights Campaign
- Goodridge v. Department of Public Health - text of Massachusetts decision authorizing same-sex marriage
- Almost 3,000 same-sex marriage licenses filed in Massachusetts since May 17
- VoteOnMarriage.Org
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