SAME SEX MARRIAGE IN MASSACHUSETTS
It all started with the landmark case Goodridge v. Department of Health in Massachusetts, where the court ruled in favor of gay and lesbian rights, leading to the legalization of same-sex marriage. This decision was based on arguments of equal protection and reasons such as advancements in fertilization technologies. Massachusetts stood out from Vermont due to its existing constitution. Following the court's decision, same-sex couples were granted the right to marry under the same laws as traditional marriages.
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Presentation Transcript
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 State of Massachusetts Violation of Equal Protection Clause Same sex couples are unable to receive the same benefits as married couples Tax benefits Property Rights Etc. 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. 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