Massachusetts Court Says Okay to Same-Sex Marriage
By: Administrative Account | Source: CNSNews.com
November 18, 2003 5:25PM EST
By Susan Jones
CNSNews.com Morning Editor
November 18, 2003
(CNSNews.com) - The Massachusetts Supreme Judicial Court has reached a long-awaited decision in a case that could change the longstanding definition of marriage as the union of one man and one woman.
The 4-3 ruling, which came at 10 a.m. EST Tuesday, said there's nothing in the Massachusetts constitution to prevent seven same-sex couples from enjoying the legal right to marry in the commonwealth.
Although the court said the couples are entitled to marry, Tuesday's ruling does not mean they will get marriage licenses right away. The court gave the Massachusetts Legislature 180 days to resolve the issue one way or another.
The case, Goodridge, et al. v. Department of Public Health, was filed by seven same-sex couples who applied for -- and were denied -- marriage licenses in the Commonwealth of Massachusetts.
The lawsuit argued that the Massachusetts Constitution protects a person's right to marry the person of his or her choice, and it said there is no justification for the state to exclude same-sex couples from the benefits and protections that marriage provides.
"Marriage is a vital social institution," Massachusetts Chief Justice Margaret Marshall wrote in Tuesday's ruling. "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," Marshall wrote.
"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 decision in favor of the plaintiffs could threaten marriage throughout the country, with couples from other states marrying in Massachusetts, then returning to their home states to challenge marriage laws there, the conservative group Focus on the Family said earlier.
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