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Same-Sex Marriage

Same-Sex Marriage: Same-sex marriages are not recognized in 49 states. Vermont, however, has legalized civil unions.

On November 18, 2003, the Massachusetts Supreme Court ruled that same-sex marriages were legally cognizant in the state of Massachusetts. The ruling is expected to be challenged, however, and the state legislature will certainly attempt to pass a constitutional amendment outlawing marriage between people of the same-sex.

The Massachusetts Supreme Judicial Court gave the Massachusetts legislature 180 days to proffer a solution. At that point, barring injunctions or a successful appeal to the nation's Supreme Court, same-sex marriages will be allowed in Massachusetts.

It is still undetermined whether those marriages will be recognized outside of Massachusetts. Currently, no other state recognizes the legalized same-sex civil unions in Vermont outside of that state.

Massachusetts is not the first state to legalize same-sex marriages. In fact, courts in both Alaska and Hawaii have recognized them. However, state legislatures in both states passed amendments stating that marriage could only occur between a man and a woman.

The Massachusetts Case legalizing same-sex marriages is Goodrich v. Department of Public Health. In it, the court stated:

"Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial, and social benefits. In return it imposes weighty legal, financial, and social obligations. The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same-sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens. In reaching our conclusion we have given full deference to the arguments made by the Commonwealth. But it has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples.

We are mindful that our decision marks a change in the history of our marriage law. Many people hold deep-seated religious, moral, and ethical convictions that marriage should be limited to the union of one man and one woman, and that homosexual conduct is immoral. Many hold equally strong religious, moral, and ethical convictions that same-sex couples are entitled to be married, and that homosexual persons should be treated no differently than their heterosexual neighbors. Neither view answers the question before us. Our concern is with the Massachusetts Constitution as a charter of governance for every person properly within its reach. "Our obligation is to define the liberty of all, not to mandate our own moral code."

Whether the Commonwealth may use its formidable regulatory authority to bar same-sex couples from civil marriage is a question not previously addressed by a Massachusetts appellate court . . .

The Massachusetts Constitution is, if anything, more protective of individual liberty and equality than the Federal Constitution; it may demand broader protection for fundamental rights; and it is less tolerant of government intrusion into the protected spheres of private life.

Barred access to the protections, benefits, and obligations of civil marriage, a person who enters into an intimate, exclusive union with another of the same-sex is arbitrarily deprived of membership in one of our community's most rewarding and cherished institutions. That exclusion is incompatible with the constitutional principles of respect for individual autonomy and equality under law."

The U.S. House is currently considering a constitutional ban on gay marriage, which President Bush has said he would support.

Canadian courts in Ontario and British Columbia recently legalized gay marriage, leading to hundreds of same-sex ceremonies. Belgium and the Netherlands also have legalized gay marriage.

For additional Family Law & Marital Information, please check out our Family Law Database, listed under the topics below.

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