How it all Started SAME SEX MARRIAGE IN MASSACHUSETTS.

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Presentation transcript:

How it all Started SAME SEX MARRIAGE IN MASSACHUSETTS

 March 4, 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) GOODRIDGE V. DEPARTMENT OF HEALTH

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 ARGUMENTS

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

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

 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 WHAT HAPPENED NEXT?

 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. MGL c.207 Massachusetts Constitution MASS LAW

Case Brief Summmary. "Goodridge v. Dept. of Public Health." Case Brief Summary. Case Brief Summary, 6 Nov Web. 12 Apr Grossman, Joanna. "How Same-sex Marriage Became Legal in Massachusetts." CNN. Cable News Network, 6 Feb Web. 12 Apr Law Libraries. "Massachusetts Law About Same-Sex Marriage." Massachusetts Law About Same-Sex Marriage. Massachusetts Trial Court Law Liberties, 28 Feb Web. 12 Apr ProCon.org. "Same-Sex Marriage Timeline." ProCon.org. 11 Feb Web. 12 Apr *All Images from Google RESOURCES