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Same-sex marriage in Massachusetts

Same-sex marriage in Massachusetts

Overview
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health
Goodridge v. Department of Public Health
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was 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...

that it was unconstitutional under the Massachusetts constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...

 to allow only heterosexual couples to marry. Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

 became the sixth jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 in the world (after the Netherlands
Same-sex marriage in the Netherlands
Same-sex marriage has been legal in the Netherlands since 1 April 2001...

, Belgium
Same-sex marriage in Belgium
On June 1, 2003, Belgium became the second country in the world to legally recognize same-sex marriage, with some restrictions. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions...

, Ontario
Same-sex marriage in Ontario
The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001....

, British Columbia
Same-sex marriage in British Columbia
Same-sex marriage in British Columbia became legal on July 8, 2003, becoming the second region in Canada to legalize same-sex marriage, behind Ontario, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licenses.Canada became the fourth country in...

, and Quebec
Same-sex marriage in Quebec
On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B.C. courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately...

) to legalize same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

. It was the first U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 to issue marriage licenses to same-sex couples.
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Encyclopedia
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health
Goodridge v. Department of Public Health
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was 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...

that it was unconstitutional under the Massachusetts constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...

 to allow only heterosexual couples to marry. Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

 became the sixth jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 in the world (after the Netherlands
Same-sex marriage in the Netherlands
Same-sex marriage has been legal in the Netherlands since 1 April 2001...

, Belgium
Same-sex marriage in Belgium
On June 1, 2003, Belgium became the second country in the world to legally recognize same-sex marriage, with some restrictions. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions...

, Ontario
Same-sex marriage in Ontario
The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001....

, British Columbia
Same-sex marriage in British Columbia
Same-sex marriage in British Columbia became legal on July 8, 2003, becoming the second region in Canada to legalize same-sex marriage, behind Ontario, after a series of court rulings which ultimately landed in favour of same-sex couples seeking marriage licenses.Canada became the fourth country in...

, and Quebec
Same-sex marriage in Quebec
On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B.C. courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately...

) to legalize same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

. It was the first U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 to issue marriage licenses to same-sex couples.

Although the U.S. District Court in Boston ruled in two related cases on July 8, 2010, that the provisions of the federal Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...

 barring federal recognition of legally married same-sex couples are unconstitutional, the final judgment is stayed pending the federal government's appeal to the First Circuit Court of Appeals
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...

. Such an appeal was filed on October 12, 2010, by the U.S. Justice Department; consequently, Massachusetts same-sex couples are not eligible to receive federal recognition of their marriages, pending the outcome of the appeals process.

History


Goodridge v. Department of Public Health
Goodridge v. Department of Public Health
Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was 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...

was brought by Gloria Bailey and Linda Davies; Maureen Brodoff and Ellen Wade; Hillary Goodridge and Julie Goodridge; Gary Chalmers and Richard Linnell; Heidi Norton and Gina Smith; Michael Horgan and Edward Balmelli; and David Wilson and Robert Compton; the plaintiffs successfully argued that denying gay couples equal marriage rights was unconstitutional. The court specified that the original marriage law banned homosexuals from marrying. This law was left intact by the Goodridge ruling ("Here, no one argues that striking down the marriage laws is an appropriate form of relief."). The court gave the Massachusetts Legislature 180 days in which to "take such action as it may deem appropriate" following its November 18, 2003 ruling. Gov. Mitt Romney
Mitt Romney
Willard Mitt Romney is an American businessman and politician. He was the 70th Governor of Massachusetts from 2003 to 2007 and is a candidate for the 2012 Republican Party presidential nomination.The son of George W...

 ordered town clerks to begin issuing marriage licenses on May 17, 2004.

The first applications for marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...

s for same-sex couples were issued at City Hall in Cambridge
Cambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...

. Same-sex couples formed long lines in anticipation, with some waiting outside the City Hall all evening May 16. Beginning at 12:01 a.m. on the 17th, they were permitted to fill out their Notices of Intent to Marry. The first to file were Marcia Hams and Susan Shepherd. Other cities and towns in Massachusetts began issuing applications later in the morning, during business hours.

Massachusetts normally has a three-day waiting period before issuing marriage licenses, but many couples obtained waivers of the waiting period in order to be wed on May 17. Among these were the seven couples who were party to the lawsuit that led to the legalization of same-sex marriage, including Julie Goodridge and Hillary Goodridge, who were the first to apply for a license in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...

 and whose eight-year old daughter Annie was their ringbearer and flower girl at their wedding at the Unitarian Universalist Association
Unitarian Universalist Association
Unitarian Universalist Association , in full the Unitarian Universalist Association of Congregations in North America, is a liberal religious association of Unitarian Universalist congregations formed by the consolidation in 1961 of the American Unitarian Association and the Universalist Church of...

 of Boston.

Cambridge took in 227 applications overnight; Provincetown
Provincetown, Massachusetts
Provincetown is a New England town located at the extreme tip of Cape Cod in Barnstable County, Massachusetts, United States. The population was 3,431 at the 2000 census, with an estimated 2007 population of 3,174...

 took in 113; more than 1,000 applications were made on the first day statewide. Two-thirds of applicants were women, and one-half of the applicants had been partners for more than a decade. Forty percent of the female couples had children in their homes. In the first year, more than 6,200 gay and lesbian couples were married due to pent-up demand, but that number fell to only 1,900 marriages in the second year. Out of the total of more than 8,100 marriages, 64% involve lesbian couples. In comparison, more than 36,000 heterosexual couples are married each year in Massachusetts.

Governor Mitt Romney
Mitt Romney
Willard Mitt Romney is an American businessman and politician. He was the 70th Governor of Massachusetts from 2003 to 2007 and is a candidate for the 2012 Republican Party presidential nomination.The son of George W...

 launched the "superslate" campaign in 2004, based on the idea that the state Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 could use Conservative ideals and family values as a wedge issue
Wedge issue
A wedge issue is a social or political issue, often of a divisive or otherwise controversial nature, which splits apart or creates a "wedge" in the support base of one political group...

 and gain seats, spending millions of his own dollars and personally campaigning for Republican candidates in traditionally Democratic seats. Despite his efforts, the Republican party nonetheless lost three seats in the 2004 election. Since then, many legislators have changed their views to reflect growing support for same-sex marriage among their constituents. One of the original sponsors of the amendment to ban same-sex marriage and legalize civil unions, Brian Lees
Brian Lees
Brian Patrick Lees is a Massachusetts politician, currently serving as the Clerk of Courts for Hampden County...

, said, "Gay marriage has begun, and life has not changed for the citizens of the commonwealth, with the exception of those who can now marry."

Economic Impact


A 2008 UCLA study concluded that allowing non-resident same-sex couples to marry would boost the Massachusetts economy by a total of $111 million over a three year period. In addition, state and local tax revenues will increase by $5.1 million over three years including $4 million in sales and occupancy tax revenues and $1.1 million in marriage license fees.

Attempts to amend the state constitution


Immediately after the Supreme Judicial Court's ruling, efforts began to overturn this decision by amending the state constitution. The most recent effort to amend the state constitution to ban same-sex marriage failed in the state legislature on June 14, 2007. As a result, same-sex marriage remains legal in Massachusetts.

Initial legislative response


An amendment that originated in the legislature would have substituted civil unions, but it failed after many moderate legislators who had initially voted for the amendment abandoned it, and most legislators on the right elected to throw their support behind a ballot initiative to ban future same-sex marriages, with no provision for civil unions. Unlike amendments in other states, however, the proposed ballot initiative amendment did not explicitly forbid civil unions. The new amendment was sponsored by an organization called VoteOnMarriage.org
VoteOnMarriage.org
VoteOnMarriage.org was a U.S. political organization in the state of Massachusetts dedicated to the passage of a constitutional amendment to the Massachusetts Constitution to ban same-sex marriage...

. The full text of the ballot initiative amendment read "When recognizing marriages entered into after the adoption of this amendment by the people, the Commonwealth and its political subdivisions shall define marriage only as the union of one man and one woman."

Constitutional amendment campaign


In order to amend the state constitution, it is necessary for an amendment first to receive sufficient support at two state constitutional conventions, which is a joint meeting of the two houses of the General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...

, the House of Representatives
Massachusetts House of Representatives
The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from single-member electoral districts across the Commonwealth. Representatives serve two-year terms...

 and the Senate
Massachusetts Senate
The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the state...

), held during two successive two-year sessions, before going before the voters in a referendum. An amendment put forward by legislators needs a majority (101 out of 200) at two constitutional conventions and an amendment put forward by petition needs a 25% vote (50 out of 200) at two constitutional conventions. An amendment that would forbid same-sex marriage, establish civil unions for same-sex couples conveying the same rights and responsibilities as marriage, and convert existing same-sex marriages into civil unions passed the first constitutional convention but was defeated in the second.

Certification of referendum petitions


The petitions for a ballot initiative amendment were certified as valid on September 7, 2005 by Massachusetts Attorney General
Massachusetts Attorney General
The Massachusetts Attorney General is an elected executive officer of the Massachusetts Government. The office of Attorney-General was abolished in 1843 and re-established in 1849. The current Attorney General is Martha Coakley....

 Thomas Reilly
Thomas Reilly
Thomas F. Reilly is an American attorney and politician who served as the 45th Massachusetts Attorney General. He was born in Springfield, Massachusetts to Irish immigrant parents....

. VoteOnMarriage.Org then collected 170,000 signatures before the December 7, 2005 deadline; 65,825 were required. Paid signature collectors from Arno Political Consultants
Arno Political Consultants
Arno Political Consultants, Inc. is a company based in Lincoln, California. The company was founded in 1979 by Michael Arno.The company reports that its former and current clients include the National Rifle Association and R. J...

 subsequently revealed that an unknown but large number of these signatures had been collected through fraud; the collectors told voters that they were signing a petition about a different issue, or that the petitions were in favor of same-sex marriage.

The amendment was challenged in court, based on a provision in the Massachusetts Constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...

 (Article 48, Section 2), which prohibits the use of an initiative petition for "reversal of a judicial decision." In July 2006, the Massachusetts Supreme Judicial Court ruled unanimously that the amendment did not constitute "reversal" of a judicial decision, given that the proposed amendment sought to define only those marriages performed after its enaction. If passed, the amendment would have restricted future marriages to opposite-sex couples but not rescind the approximately 8,000 same-sex marriage licenses already issued.

First Constitutional Convention vote



The first Constitutional Convention vote on the petition amendment was scheduled for July 12, 2006, but was postponed until November 9, 2006 to take place after the next state elections. On November 9, 2006 the Legislature voted to recess the Constitutional Convention until January 2.

On November 19, 2006, Gov. Mitt Romney
Mitt Romney
Willard Mitt Romney is an American businessman and politician. He was the 70th Governor of Massachusetts from 2003 to 2007 and is a candidate for the 2012 Republican Party presidential nomination.The son of George W...

 led a rally against the tactics that the Massachusetts legislature used to delay and possibly prevent a vote on the same-sex marriage ballot initiative in front of the Massachusetts State House. Romney said he would ask a justice of the state Supreme Judicial Court that week to put the initiative on the ballot in case the legislators failed to vote on the initiative on the last day of the Joint Session, January 2, 2007 as required by the Massachusetts Constitution Amendments Article XLVIII (The Initiative, IV. Legislative Action on Proposed Amendments, Section 2. Joint Session) Romney said, "The issue before us is not whether same-sex couples should marry. The issue before us today is whether 109 legislators will follow the constitution."

On December 27, 2006, the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...

 agreed unanimously with Gov. Mitt Romney
Mitt Romney
Willard Mitt Romney is an American businessman and politician. He was the 70th Governor of Massachusetts from 2003 to 2007 and is a candidate for the 2012 Republican Party presidential nomination.The son of George W...

's repeated assertion that Article 48 of the Massachusetts Constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...

 explicitly and unambiguously requires that the Massachusetts Legislature take a final vote on any and all voter initiatives placed before them, which includes the marriage amendment. The court, though, also stated that it had no legal remedy that it could enforce upon the Legislature due to laws that separate the judicial and legislative branches of government. The legislature voted on the measure on January 2, 2007, shortly before its 2005-2006 session ended. The amendment received 62 "for" votes in Constitutional Convention and thereby cleared its first hurdle toward ratification. However, a second vote during the 2007-2008 session was needed to put the amendment to the voters.

Second Constitutional Convention vote


A second joint session of the State Legislature meeting in a constitutional convention was held on June 14, 2007. The proposed marriage amendment needed 50 votes to be presented to the voters. Some 45 legislators voted for the measure while 151 voted against it.

Public opinion


A June 2011 Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...

 survey found that 59% of Massachusetts voters thought same-sex marriage should be legal, while only 33% thought it should be illegal and 8% were not sure.

A September 2011 Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...

 survey found that 60% of Massachusetts voters thought same-sex marriage should be legal, while 30% thought it should be illegal and 10% were not sure. A separate question on the same survey found that 86% of respondents supported legal recognition of same-sex couples, with 56% supporting same-sex marriage, 30% supporting civil unions, 12% opposing all legal recognition and 2% not sure.

Timeline

  • May 7, 2002: Suffolk County
    Suffolk County, Massachusetts
    Suffolk County has no land border with Plymouth County to its southeast, but the two counties share a water boundary in the middle of Massachusetts Bay.-National protected areas:*Boston African American National Historic Site...

     Superior Court Judge Thomas E. Connolly issues an opinion in Goodridge v. Department of Public Health
    Goodridge v. Department of Public Health
    Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was 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...

    denying plaintiffs' statutory and constitutional claims for recognition of same-sex marriage. Relying on the history of Massachusetts marriage laws and constitutional provisions, Judge Connolly determined that the marriage statute was not gender-neutral and no fundamental right to same-sex marriage existed. He concluded by saying that the issue should be handled by the legislature.

  • November 18, 2003: The Massachusetts Supreme Judicial Court
    Massachusetts Supreme Judicial Court
    The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...

     rules 4 to 3 in Goodridge v. Department of Public Health
    Goodridge v. Department of Public Health
    Goodridge v. Dept. of Public Health, 798 N.E.2d 941 , was 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...

    that the state's ban on same-sex marriage is unconstitutional and gives the state legislature 180 days to change the law
    Law
    Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

    . The court found that Massachusetts may not "deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry" because of a clause in the state's constitution that forbids "the creation of second-class citizens."

  • February 4, 2004: The court clarified in a statement to the Massachusetts Senate that it was unacceptable to allow opposite-sex couples marriages but same-sex couples only civil unions; they found the distinction unconstitutional discrimination, even if the state rights granted were otherwise identical. The court also reiterated the need for the Legislature to change marital laws. "The purpose of the stay was to afford the Legislature an opportunity to conform the existing statutes to the provisions of the Goodridge decision.”

  • February 11, 2004: A constitutional convention is convened to attempt to overturn the Supreme Court's decision. After six weeks marked by intense debate and tactical voting
    Tactical voting
    In voting systems, tactical voting occurs, in elections with more than two viable candidates, when a voter supports a candidate other than his or her sincere preference in order to prevent an undesirable outcome.It has been shown by the Gibbard-Satterthwaite theorem that any voting method which is...

     to prevent a more extreme measure, the state legislature narrowly passes an amendment 105-92 that would ban same-sex marriage but allow civil unions. The amendment could have taken effect if it was approved by the legislature in 2005, and by popular vote in 2006.

  • April 16, 2004: Legislative action to change the laws still has not occurred. “He [Romney] placed the blame for the confusion on the Legislature, which has yet to follow a directive from the SJC to change the state’s marriage laws to reflect the legalization of same-sex matrimony." ‘‘I believe the reason that the court gave 180 days to the Legislature was to allow the Legislature the chance to look through the laws developed over the centuries and see how they should be adjusted or clarified for purposes of same-sex marriage; the Legislature didn’t do that,’’ Romney said. Senator Bruce E. Tarr (R) of Gloucester, said he believes the Legislature will ultimately pass bills that will insert genderneutral language into the state’s marriage laws in time for the May 17 deadline. ‘‘No one should interpret inaction thus far with the idea that no action is forthcoming,’’ he said.

  • May 17, 2004: Gov. Romney ordered town clerks to issue marriage licenses to same-sex couples as per the Supreme Judicial Court's ruling, 180 days after it was issued, without the legislative action called for by the actual ruling. The city of Cambridge
    Cambridge, Massachusetts
    Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...

     began processing applications at one minute past midnight, cheered on by a crowd of five thousand gathered outside City Hall
    Cambridge, Massachusetts City Hall
    The Cambridge, Massachusetts City Hall is the city hall for Cambridge, Massachusetts, located at 795 Massachusetts Avenue, and built in the Richardsonian Romanesque style...

    . Massachusetts has a three-day waiting period after a marriage application has been issued, but couples can seek a judicial waiver of that requirement. The first marriage was issued to Tanya McCloskey and Marcia Kadish, of the Boston suburb of Malden
    Malden, Massachusetts
    Malden is a suburban city in Middlesex County, Massachusetts, United States. The population was 59,450 at the 2010 census. In 2009 Malden was ranked as the "Best Place to Raise Your Kids" in Massachusetts by Bloomberg Businessweek Magazine.-History:...

     — was finalized by 9:15 a.m. on May 17.

  • September 7, 2005: Massachusetts Attorney General
    Massachusetts Attorney General
    The Massachusetts Attorney General is an elected executive officer of the Massachusetts Government. The office of Attorney-General was abolished in 1843 and re-established in 1849. The current Attorney General is Martha Coakley....

     Thomas Reilly
    Thomas Reilly
    Thomas F. Reilly is an American attorney and politician who served as the 45th Massachusetts Attorney General. He was born in Springfield, Massachusetts to Irish immigrant parents....

     certified the wording of a referendum to ban same-sex marriage: "When recognizing marriages entered into after the adoption of this amendment by the people, the Commonwealth and its political subdivisions shall define marriage only as the union of one man and one woman."

  • September 14, 2005: The second convention to amend the Commonwealth's Constitution to disallow same-sex marriage (but permit civil unions) was held, which would allow the issue to go to a popular vote in 2006. This time, the amendment was defeated soundly, 157-39, and thus was not put before the voters.

  • December 7, 2005: VoteOnMarriage.Org submitted 170,000 signatures for the referendum, with 65,825 required. The amendment can now appear on the ballot if 50 legislators approve it in conventions during the current and next legislative sessions. The first convention is scheduled for July 12, 2006.

  • March 30, 2006: The Supreme Judicial Court upheld a 1913 Massachusetts law
    1913 law
    Massachusetts General Laws Chapter 207, Section 11, more commonly known as the 1913 law, is a Massachusetts law enacted in 1913 and repealed in 2008.-History and text:...

     that prohibits non-residents from marrying in Massachusetts if their marriage would be void in their home state. It ruled that same-sex couples domiciled in other states that expressly prohibit same-sex marriage cannot legally marry in Massachusetts, and it remanded cases from New York
    New York
    New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

     and Rhode Island
    Rhode Island
    The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...

     to the Superior Court to determine whether same-sex marriage is prohibited in those states.

  • September 29, 2006: Superior Court Justice Thomas E. Connolly ruled "that same-sex marriage is [...] not prohibited in Rhode Island". In his ruling, Justice Connolly wrote:
No evidence was introduced before this Court of a constitutional amendment, statute, or controlling appellate decision from Rhode Island that explicitly deems void or otherwise expressly forbids same-sex marriage; and, after an exhaustive search, this Court has found no such prohibitory law. (page 8)

  • December 27, 2006: The Massachusetts Supreme Judicial Court
    Massachusetts Supreme Judicial Court
    The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...

     ruled unanimously that Massachusetts legislators have a constitutional obligation to vote on all voter initiatives before them before the end of any joint session. This settles the issue raised by many opponents of the marriage amendment, who have repeatedly stated that Article 48 of the Massachusetts Constitution
    Massachusetts Constitution
    The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...

     does not require a vote by legislators. The SJC also indicated, however, that the Court has no authority to impose a legal remedy for the plaintiffs. In its opinion, the SJC unanimously agreed:
"The members of the joint session have a constitutional duty to vote, by the yeas and nays, on the merits of all pending initiative amendments before recessing on January 2, 2007. With respect to legislative action on proposals for constitutional amendments introduced to the General Court by initiative petition, the language of art. 48 is not ambiguous."

"Today's discussion and holding on the meaning of the duty lays any doubt to rest. The members of the General Court are the people's elected representatives, and each one of them has taken an oath to uphold the Constitution of the Commonwealth. Those members who now seek to avoid their lawful obligations, by a vote to recess without a roll call vote by yeas and nays on the merits of the initiative amendment (or by other procedural vote of similar consequence), ultimately will have to answer to the people who elected them."

  • January 2, 2007: The proposed amendment received a vote on the last day of the 2006 Constitutional Convention. It received more than 25% of the members' votes, enough to advance the measure to the next Constitutional Convention. Some 132 legislators opposed the amendment, 61 supported it.

  • June 14, 2007: The proposed amendment was defeated when it failed to receive 25% of the members' votes as required. 151 legislators opposed the amendment and 45 supported it, falling short of the 50 votes required to advance the measure to the November 2008 ballot. 4 legislators were absent or abstained from the vote.

  • July 15, 2008: The Massachusetts Senate voted to repeal the 1913 law that prohibits non-residents from marrying in Massachusetts if their marriage would be void in their home state.

  • July 29, 2008: The Massachusetts House voted to repeal the 1913 law that prohibits non-residents from marrying in Massachusetts if their marriage would be void in their home state.

  • July 31, 2008: An act repealing the 1913 law that prohibits non-residents from marrying in Massachusetts if their marriage would be void in their home state took effect upon being signed by Governor Deval Patrick
    Deval Patrick
    Deval Laurdine Patrick is the 71st and current Governor of Massachusetts. A member of the Democratic Party, Patrick served as an Assistant United States Attorney General under President Bill Clinton...

    .

See also

  • Massachusetts v. United States Department of Health and Human Services
    Massachusetts v. United States Department of Health and Human Services
    Commonwealth of Massachusetts v. United States Department of Health and Human Services 698 F.Supp.2d 234 is a lawsuit filed in the United States District Court for the District of Massachusetts...

  • Gill v. Office of Personnel Management
    Gill v. Office of Personnel Management
    Gill et al. v. Office of Personnel Management 699 F.Supp.2d 374 is a lawsuit filed in the United States District Court for the District of Massachusetts...

  • LGBT rights in Massachusetts
    LGBT rights in Massachusetts
    The establishment of LGBT rights in the U.S. state of Massachusetts is a recent phenomenon, with most advances in LGBT rights taking place since 1992.-Early steps:...

  • Same-sex marriage in the United States
    Same-sex marriage in the United States
    The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...

  • Same-sex marriage in New England
    Same-sex marriage in New England
    Same-sex marriage is legal or has been legalized in four of the six New England states: Massachusetts, Connecticut, Vermont, and New Hampshire. The New England region has been noted for being the nucleus of the same-sex marriage movement in the United States, with the region having among the most...

  • Same-sex marriage in New York
    Same-sex marriage in New York
    Same-sex marriage in the U.S. state of New York became legal on July 24, 2011, under the Marriage Equality Act, which was passed on June 24, 2011, by the New York State Legislature and signed by Governor Andrew Cuomo on the same day...

  • Same-sex marriage in California
    Same-sex marriage in California
    The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...

  • Same-sex marriage law in the United States by state
  • Same-sex marriage legislation in the United States
    Same-sex marriage legislation in the United States
    In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...

  • Same-sex marriage status in the United States by state
    Same-sex marriage status in the United States by state
    Same-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts became the first state to legalize...

  • Public opinion of same-sex marriage in the United States
  • Rights and responsibilities of marriages in the United States
    Rights and responsibilities of marriages in the United States
    According to the United States Government Accountability Office , there are 1,138 statutory provisions in which marital status is a factor in determining benefits, rights, and privileges...

  • Defense of Marriage Act
    Defense of Marriage Act
    The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...

  • Marriage Protection Act of 2007
  • U.S. state constitutional amendments banning same-sex unions
  • Federal Marriage Amendment
    Federal Marriage Amendment
    The Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...

  • Domestic partnership in the United States
  • Freedom to Marry
    Freedom to Marry
    Freedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...

  • History of civil marriage in the United States

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