*** Welcome to piglix ***

Goodridge v. Department of Public Health

Goodridge v. Dept. of Public Health
Seal of Massachusetts.svg
Court Massachusetts Supreme Judicial Court
Full case name Hillary Goodridge, Julie Goodridge, David Wilson, Robert Compton, Michael Horgan, Edward Balmelli, Maureen Brodoff, Ellen Wade, Gary Chalmers, Richard Linnell, Heidi Norton, Gina Smith, Gloria Bailey, and Linda Davies v. Department of Public Health and Commissioner of Public Health
Argued March 4, 2003
Decided November 18, 2003
Citation(s) 440 Mass. 309, 798 N.E.2d 941 (Mass. 2003)
Case history
Prior action(s) Summary judgment granted to defendants, 14 Mass. L. Rep. 591 (Mass. Super. Ct. 2002)
Subsequent action(s) none
Holding
The denial of marriage licenses to same-sex couples violated provisions of the state constitution guaranteeing individual liberty and equality, and was not rationally related to a legitimate state interest. Superior Court of Massachusetts at Suffolk vacated and remanded.
Court membership
Chief Judge Margaret H. Marshall
Associate Judges John M. Greaney, Roderick L. Ireland, Francis X. Spina, Judith A. Cowin, Martha B. Sosman, Robert J. Cordy
Case opinions
Majority Marshall, joined by Greaney, Ireland, Cowin
Concurrence Greaney
Dissent Spina, joined by Sosman, Cordy
Dissent Sosman, joined by Spina, Cordy
Dissent Cordy, joined by Spina, Sosman
Laws applied
Mass. Const. arts. 1, 6, 7, and 10, and Part II, c. 1, § 1, art. 4; Mass. Gen. Laws ch. 207

Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003), is a landmark state appellate court case dealing with same-sex marriage in Massachusetts. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.

On April 11, 2001, Gay and Lesbian Advocates and Defenders (GLAD) sued the Massachusetts Department of Health in Superior Court on behalf of seven same-sex couples, all residents of Massachusetts, who had been denied marriage licenses in March and April 2001. All the plaintiffs had been in long-term relationships with their partners and four of the couples were raising a total of five children. The Department's responsibilities included setting policies under which city and town clerks issue marriage licenses.

After holding a hearing in March 2002 at which GLAD attorney Jennifer Levi argued on behalf of the plaintiff couples, Superior Court Judge Thomas Connolly ruled in favor of the Department of Health on May 7, 2002. He wrote: "While this court understands the reasons for the plaintiffs' request to reverse the Commonwealth's centuries-old legal tradition of restricting marriage to opposite-sex couples, their request should be directed to the Legislature, not the courts". He noted that the legislature had recently defeated same-sex marriage legislation and defended that as a rational decision rooted in the historical definition of marriage and its association with child rearing:

Recognizing that procreation is marriage's central purpose, it is rational for the legislature to limit marriage to opposite-sex couples who, theoretically, are capable of procreation. Moreover, because same-sex couples are unable to procreate on their own and therefore must rely on inherently more cumbersome means of having children, it is also rational to assume that same-sex couples are less likely to have children or, at least, to have as many children as opposite-sex couples.

The plaintiffs appealed directly to the Supreme Judicial Court (SJC), which heard arguments on March 4, 2003. Mary Bonauto of GLAD argued the case for the plaintiffs. Assistant Attorney General Judith Yogman represented the DPH.


...
Wikipedia

...