Gay & Lesbian Advocates & Defenders (GLAD) called today’s decision by the Massachusetts Supreme Judicial Court in Cote-Whitacre et al v. Department of Public Health a “disappointment.” 

The court determined that if the law in the couple’s home state is silent on the issue of same sex couples marrying, then the issue will go to state Superior Court.  This applies to the states of Rhode Island and New York.  If at Superior Court it is determined that marriage between same sex couples is not expressly prohibited in the couple’s home state, they will then be able to marry here. 

“We regret that the court did not find a constitutional violation that would have allowed all couples to marry, but we’re pleased that the door has been left ajar for couples from two more states,” said Michele Granda, GLAD Staff Attorney.  “This is a long-term civil rights struggle, and that each step forward brings us closer to our goal of full equality under the law.” 

 “We’re pleased that the door has been left ajar for couples from two more states to join Massachusetts couples in being able to marry the person of their choice,” said Granda.  “When couples marry here and go home, their friends and neighbors will see what we have seen in Massachusetts – that marriage is good for these couples and harms no one.”

“We’re trying to change these unfair laws because fair means fair to everyone.  As a result, we have a mixed reaction.  We’re glad to take a step in the right direction as New Yorkers, but we’d like it to apply to all loving couples and families, not just ours,” said plaintiff Amy Zimmerman, who with her partner of 14 years Tanya Wexler, is raising three children.

In Cote-Whitacre, GLAD represents eight couples from the New England states and New York, who came to Massachusetts to marry after Goodridge went into effect in May 2004.  The Romney administration moved to block their marriages and those of other out-of-state couples by invoking an antiquated law unused for decades.  That law states that a non-resident couple may not marry in Massachusetts if their marriage is expressly prohibited in their home state. 

GLAD filed suit in June 2004 challenging this ban.

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