Massachusetts became the first state to fully legalize gay and lesbian marriages Tuesday when the state’s Supreme Judicial Court ruled 4-3 that same-sex couples have the right to marry under the Massachusetts constitution.
‘The marriage ban works a deep and scarring hardship on a very real segment of the community for no rational reason,’ wrote Chief Justice Margaret H. Marshall in her majority decision on the landmark Goodridge v. Department of Public Health case.
The ruling, which favored seven gay and lesbian couples who brought the suit against the department, will take effect in 180 days. The court said that time will ‘permit the [state] Legislature to take such action as it may deem appropriate in light of this opinion,’ including establishing procedures to issue marriage licenses to gay and lesbian couples.
‘These couples will finally have the chance to be treated equally and fairly by the government,’ said lead counsel Mary Bonauto, an attorney for Gay ‘ Lesbian Advocates ‘ Defenders.
‘No one gains anything by having these families and these couples struggle,’ Bonauto said at a press conference after the ruling was handed down.
Last Wednesday, the Legislature postponed a vote on a constitutional amendment to define marriage as ‘the union of one man and one woman’ until Feb. 11, 2004. For the Legislature to continue the ban on same-sex marriages, lawmakers would have to amend the state’s constitution, a process which requires the Legislature to approve the amendment, followed by voters in a referendum. An amendment could not be passed until well after Tuesday’s ruling takes effect next May.
Gov. Mitt Romney issued a statement Tuesday supporting a constitutional amendment to ban same-sex marriages.
‘I disagree with the Supreme Judicial Court,’ Romney said. ‘Marriage is an institution between a man and a woman. I will support an amendment to the Massachusetts constitution to make that expressly clear.
‘Of course,’ Romney added, ‘we must provide basic civil rights and appropriate benefits to nontraditional couples, but marriage is a special institution that should be reserved for a man and a woman.’
Opponents of same-sex marriages also called on the Legislature to pass an amendment banning gay marriages.
‘The residents of Massachusetts and of the entire country should take this as a wake-up call and impress upon their legislators the importance of defining marriage in the state constitution as the union of a man and a woman,’ said Ron Crews, president of the Massachusetts Family Institute, in a statement released Tuesday afternoon. ‘This latest example of judicial activism is unacceptable, and I call upon the legislators to act promptly and decisively to stop the court.’
Vermont passed legislation in 2000 allowing gay couples to join in ‘civil unions,’ giving them benefits similar to married couples. In 1996, a Hawaii Circuit Court judge ruled that same-sex couples have the right to marry, but voters later approved a constitutional amendment banning the marriages.
The plaintiffs were in high spirits Tuesday at the end of the legal struggle which began in April 2001, when the seven couples first filed their suit in Superior Court. After appealing the lower court’s ruling against them to the SJC, Bonauto argued the case in front of the state’s highest court last March. Tuesday’s decision was originally expected in July, but the court had delayed ruling indefinitely until the decision was announced Tuesday.
The couples praised the SJC’s decision and said they look forward to the benefits of marriage, including extension of health and insurance benefits and access to hospitalized spouses.
Hillary Goodridge said hospital officials would not allow her to see her partner, Julie Goodridge, when Julie gave birth to their daughter, who was placed in intensive care.
‘This would never have happened to us as a heterosexual couple,’ Hillary Goodridge said. ‘I think every gay and lesbian couple has a story like this.’
‘We want to thank the SJC for finally seeing what we’ve known for 15 years that we have a right to be married in the state of Massachusetts,’ said Gary Chalmers, another plaintiff in the suit.
‘We’re looking forward to a wedding in the spring,’ said plaintiff Ellen Wade.
The plaintiffs said they have enjoyed support from their communities. Three of the couples are from Jamaica Plain, and, plaintiff Michael Horgan said, ‘The community in Jamaica Plain has been nothing but supportive.’
‘We have not had any negative experiences during the last two-and-a-half years,’ Julie Goodridge said, ‘and we don’t anticipate any negative experience.’
Bonauto said the ruling marked a ‘historic day’ and likened it to California’s 1948 decision to allow interracial marriages. She also said she thinks the public will accept the SJC’s decision.
‘I think with time people will understand this,’ she said.
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