Massachusetts Law About Same-Sex Marriage
See Also:
The Case
Goodridge v. Mass. Department of Public Health, 440 Mass. 309 (2003). Massachusetts' "gay marriage" decision. "Barred access to the protections, benefits, and obligations of civil marriage, a person who enters into an intimate, exclusive union with another of the same sex is arbitrarily deprived of membership in one of our community's most rewarding and cherished institutions. That exclusion is incompatible with the constitutional principles of respect for individual autonomy and equality under law."
For briefs and other pleadings, see Goodridge v. Department of Public Health Case Documents, Gay and Lesbian Advocates and Defenders (GLAD).
Massachusetts Laws
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.
Selected Massachusetts Case Law
Della Corte v. Ramirez, 81 Mass. App. Ct. 906 (2012). A child born of a same-sex marriage is the legitimate child of both people. "As a result, it follows that when there is a marriage between same-sex couples, the need for that second-parent adoption to, at the very least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage."
Elia-Warnken v. Elia, 463 Mass. 29 (2012). " a Vermont civil union is the functional equivalent of a marriage." Therefore, " a Vermont civil union must be dissolved prior to either party entering into marriage with a third person in the Commonwealth."
Hunter v. Rose, 463 Mass. 488 (2012). "a registered same-sex domestic partnership entered into in California was the equivalent of marriage in the Commonwealth." 
Federal Laws
U.S. Constitution, Article IV ("full faith and credit").
1 USC 7 Definition of "Marriage" and "Spouse."
28 USC 1738C. Certain Acts, Records, Proceedings and the Effect Thereof.
Federal Cases
Massachusetts v. US Dept. of Health and Human Services (consolidated with Gill v. Office of Personnel Management), 10-2204, US Ct. of Appeals, 1st Circuit, May 31, 2012. Unanimous court ruled that Section 3 of the "Defense of Marriage Act," 1 USC 7, is unconstitutional, but stayed the decision pending appeal. See also, lower court decision in Gill v. Office of Personnel Management, Civil Action No. 09-10309-JLT, US Dist. Ct. Mass., July 8, 2010.
Windsor v. United States, US Ct. of Appeals, 2d Circuit, October 18, 2012. A 2-1 court ruled that Section 3 of the "Defense of Marriage Act," 1 USC 7, is unconstitutional. "DOMA's classification of same-sex spouses was not substantially related to an important government interest. Accordingly, we hold that Section 3 of DOMA violates equal protection and is therefore unconstitutional."
Other Web Sources
Clarification of the Definition of "son or daughter" in Family and Medical Leave Act: Adminstrator's Interpretation No.2010-3, US Department of Labor, June 2010. "The administrator interpretation issued by Nancy J. Leppink, deputy administrator of the department's Wage and Hour Division, clarifies that these rights, which provide work-family balance, extend to the various parenting relationships that exist in today's world. This action is a victory for many non-traditional families, including families in the lesbian-gay-bisexual-transgender community, who often in the past have been denied leave to care for their loved ones. "
Fast Facts: Same-Sex Marriage, CNN, May 2012. Provides a timeline of same-sex marriage events in the states, a list of states that allow and states that ban same-sex marriage, and information on states that have some modified procedure like civil unions.
Federal Benefits for Same-Sex Partners, President Obama, June 17, 2009. Extends some benefits to same-sex partners of Federal employees "within existing law."
For Gays, Adoption Irony: Some Countries May Reject Married Couples' Applications, Boston Globe, May 8, 2004.
Foreign Affairs Manual, v.7, Appendix C, sec. 1359: Change of Name by Operation of Law, Including Same Sex Marriage and Civil Union, and Name Change for Use in Passports, as amended June 15, 2009. Effective immediately, an individual who has changed his name as a result of a same-sex marriage may have a passport issued in his new name. See How to Change the Last Name on Your Passport Using Your Marriage Certificate.
Going to the Show: The Supreme Court Will Hear Validity of Same-Sex Marriage Bans, Justia, December 11, 2012.
Housing and Mortgages for Gay and Lesbian Couples, Mortgage Loan.com. " This guide will help to explain the different approaches that same-sex couples can take to getting a mortgage, establishing ownership of a home, and creating legal documents that anticipate any legal or property-ownership issues that might occur if the couple breaks up or one partner dies. "
How to Get Married in Massachusetts, Gay and Lesbian Advocates and Defenders (GLAD), January 2013. "Sets forth the details for the process for marrying in Massachusetts – who can marry, how you get a license, what you need to bring with you, the waiting period, and who can perform the ceremony." GREAT resource for couples from any state.
Statement of Attorney General on Litigation Involving the Defense of Marriage Act, February 23, 2011. The administration will no longer defend section 3 of the law in court. " the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President’s determination."
A Legal Guide for Lesbian and Gay Couples, Nolo, 2012. This online book is not specific to Massachusetts. Requires Library Card for access.
Making it legal : a guide to same-sex marriage, domestic partnership & civil unions / Frederick C. Hertz with Emily Doskow, Nolo, 2011. A brief history of the same-sex marriage movement -- Same-sex marriage around the world and at home -- What it means to be married -- The real life consequences of legal discrimination -- Marriage material -- Ten steps to a decision -- To prenup or not to prenup? -- Avoiding the ugly gay divorce -- Estate planning for same-sex couples -- Legal change in action: how change happens and what to expect. Requires Library Card for access.
Marriage Tips and Traps, Gay and Lesbian Advocates and Defenders (GLAD), November 2011. Covers critical issues concerning finances, benefits, adoption, international relationships and more.
Mass. is 1st to Fight US Marriage Law, Boston.com July 8, 2009. "The suit filed by state Attorney General Martha Coakley says the Defense of Marriage Act of 1996 violates the US Constitution by interfering with the state’s right to define the marital status of residents. The suit also says the law forces the state to discriminate against same-sex married couples..."
Massachusetts Tax Issues Associated with Same-Sex Marriages, Technical Information Release 04-17, Mass. Dept. of Revenue.
Same-Sex Spousal Health Benefits: In Massachusetts After Goodridge, GLAD, November 2011. Covers private sector, public sector, federal employees, self-employed, COBRA, those who work outside of Massachusetts, and more.
Timeline: Same-Sex Marriage, CNN, October 18, 2012. Provides a summary by date of same-sex marriage laws in the US.
Print Sources
Drafting Family Law Agreements, MCLE, 2009.
Estate Planning for Subsequent Marriages and Same-Sex Marriages, MCLE, 2007.
Making it Legal: A Guide to Same-Sex Marriage, Domestic Partnership and Civil Unions, Nolo, 2011.
Information For Residents of Other States
St.2008, c.216 was enacted on July 31, 2008, repealing the so-called "1913 laws" (MGL c.207, s.11, 12, 13, and 50) which prohibited most same-sex couples from other states from marrying in Massachusetts. Residents of other states may now follow the same procedures as Massachusetts residents for marrying. See Mass. Law About Marriage for more information and forms.
Legal Issues For Non-Massachusetts Same-Sex Couples Who Married In Massachusetts Prior To July 31, 2008, GLAD, 2011. Explains in detail which couples have valid marriage, which have void marriages, and which have voidable marriages, with information on what you may need to do to stay married or to end your marriage.
Memo to Clerks Regarding Impediments to Marriage, Registry of Vital Statistics, 2012. Explains process for people who have a valid civil union from another state.
Thinking Of Getting Married in Massachusetts?: Q & A for Same-Sex Couples Thinking about Marriage, American Civil Liberties Union. Contains important information on issues to consider before and after marrying in Massachusetts.
Warning for Same-Sex Binational Couples: Marriage Will Not Fix Immigration Problems; May Cause New Ones, Gay and Lesbian Advocates and Defenders (GLAD).
California
In Re Marriage Cases, 49 Cal. Rptr. 3d 675 (May 15, 2008). Ruled that California laws prohibiting same-sex marriage are unconstitutional. Same-sex couples were granted the right to marry as of June 17, 2008.
Proposition 8. On November 4, 2008, voters approved this measure eliminating the right of same-sex couples to marry. As of November 5, 2008, same-sex couples were no longer permitted to marry.
Strauss v. Horton 93 Cal. Rptr. 3d 591 (May 26, 2009). The court upheld the constitutional amendment prohibiting same-sex marriage, but ruled that "the marriages of same-sex couples performed prior to the effective date of Proposition 8 remain valid and must continue to be recognized in this state."
Perry v. Brown, (10-16696) US Court of Appeals, 9th Cir., February 7, 2012. Proposition 8 violates the Fourteenth Amendment to the United States Constitution. "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples. The Constitution simply does not allow for 'laws of this sort.'" Effective date is uncertain because "the stay pending appeal issued by this court on August 16, 2010 remains in effect pending issuance of the mandate."
Connecticut
Kerrigan v. Commissioner of Public Health (SC17716), 289 Conn. 135 (2008). "Interpreting our state constitutional provisions in accordance with firmly established equal protection principles leads inevitably to the conclusion that gay persons are entitled to marry the otherwise qualified same sex partner of their choice." Couples were able to marry beginning October 28, 2008. See also: Borden Dissent, Vertefeuille Dissent, Zarella Dissent.
District of Columbia
On December 18, 2009, DC Mayor Adrian Fenty signed the Religious Freedom and Civil Marriage Equality Amendment of 2009, granting same-sex couples the right to marry in the nation's capital. The US Supreme Court declined to intervene on March 2, clearing the way for same-sex couples to obtain marriage licenses beginning March 3, 2010.
Iowa
Varnum v. Brien, 763 NW2d 862 (April 3, 2009). "We have a constitutional duty to ensure equal protection of the law. Faithfulness to that duty requires us to hold Iowa's marriage statute... violates the Iowa Constitution...If gay and lesbian people must submit to different treatment without an exceedingly persuasive justification, they are deprived of the benefits of the principle of equal protection upon which the rule of law is founded." Couples could begin getting marriage licenses on April 27, 2009.
Maine
An Act To End Discrimination in Civil Marriage and Affirm Religious Freedom (May 6, 2009). Amended existing marriage laws to incorporate rights for same-sex couples. On November 3, 2009, following the "people's veto" procedure created by the Maine Constitution, Article IV, Part Third, Section 17, the marriage law was repealed. See ballotpedia for much more information and links to sources.
2012 Question 1: Do you want to allow the State of Maine to issue marriage licenses to same-sex couples? passed on November 6, 2012. According to the Bangor Daily News, "The secretary of state has 20 days to approve election results and send them on to the governor, Megan Sanborn said. Gov. Paul LePage then has 10 days to certify the results. The law goes into effect 30 days after the governor certifies election results, Sanborn said." Thus, "Same-sex couples in Maine should be able to obtain marriage licenses by January 5, 2013 and get married the same day.".
Maryland
Civil Marriage Protection Act, 2012 Chapter 2 Signed March 1, 2012. Effective January 1, 2013, but "a license is not effective until 6 a.m. on the second calendar day after the license is issued," so presumably couples cannot marry until January 3, 2013. A ballot question in November 2012 affirmed the law. "Altering a provision of law to establish that only a marriage between two individuals who are not otherwise prohibited from marrying is valid in the State; prohibiting an official of a religious order or body authorized to perform a marriage ceremony from being required to solemnize or officiate at a marriage or religious rite of a marriage in violation of the constitutional right to free exercise of religion; making the Act contingent on the resolution of litigation under specified circumstances; etc."
New Hampshire
2009 N.H. Laws ch.59. Signed June 3, 2009. Effective January 1, 2010. "This bill eliminates the exclusion of same gender couples from marriage, affirms religious freedom protections of clergy with regard to the solemnization of marriage, and provides a mechanism by which same gender couples who have entered into a civil union prior to the enactment of this bill may obtain the legal status of marriage."
New Jersey
Lewis and Winslow v. Harris, 188 NJ 415 (2006). "Denying committed same-sex couples the financial and social benefits and privileges given to their married heterosexual counterparts bears no substantial relationship to a legitimate governmental purpose. The Court holds that under the equal protection guarantee of Article I, Paragraph 1 of the New Jersey Constitution, committed same-sex couples must be afforded on equal terms the same rights and benefits enjoyed by opposite-sex couples under the civil marriage statutes. The name to be given to the statutory scheme that provides full rights and benefits to same-sex couples, whether marriage or some other term, is a matter left to the democratic process."
Civil Union Law (enacted December 2006)
New York
Marriage Equality Act relating to ability of individuals to marry, A8354-2011. New York's Same-Sex Marriage Law, effective July 24, 2011.
Martinez v. County of Monroe, 850 NYS2d 740 (2008). Ruled that New York must recognize valid same-sex marriages from other jurisdictions. In response, Gov. David Patterson's legal counsel, David Nocenti sent a memo to all state agencies on May 14, 2008 directing them to implement necessary procedures to recognize such marriages, according to the New York Times. See also, Governor Patterson's statement on the directive (video).
Rhode Island
Executive Order 12-02 Recognition of Out of State Same Sex Marriages. Rhode Island will recognize valid same-sex marriages from other jurisdictions. Effective May 14, 2012.
Vermont
An Act to Protect Religious Freedom and Recognize Equality in Civil Marriage, S.115. Enacted over the Governor's veto April 7, 2009. "S.115 and the House Judiciary Committee amendment define civil marriage as "the legally recognized union of two people." To establish a civil marriage, the persons may not be related to one another, must be at least 18 years of age, and may not be already married to or in a civil union with a different person." Couples could begin marrying on September 1, 2009.
Elia-Warnken v. Elia, 463 Mass. 29 (2012). " a Vermont civil union is the functional equivalent of a marriage." Therefore, " a Vermont civil union must be dissolved prior to either party entering into marriage with a third person in the Commonwealth."
Washington
Same Sex Marriage, Chapter 3, Laws of 2012. February 13, 2012. While set to become effective June 7, 2012, opponents gathered enough signatures to put the issue on the ballot. Referendum 74 read: "This bill would allow same-sex couples to marry, preserve domestic partnerships only for seniors, and preserve the right of clergy or religious organizations to refuse to perform, recognize, or accommodate any marriage ceremony." The measure passed. According to the Secretary of State, "December 6, 2012 is the last day for the Office of the Secretary of State to certify the returns." There is a three day waiting period after getting a license before you can marry. It appears, then, that the first day to marry is December 9, 2012.