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May 8, 2002
MASSACHUSETTS SUPERIOR COURT DENIES MARRIAGE LICENSES:
SAME-SEX COUPLES PLAN APPEAL
Today, the Massachusetts trial court ruled against seven same-sex couples
who challenged Massachusetts laws that deny them the fundamental right
to marry. The case was filed on behalf of the plaintiff couples in
April, 2001, by Gay & Lesbian Advocates & Defenders (GLAD) and
was argued before Suffolk Superior Court Judge Thomas E. Connolly on March
12, 2002. The couples plan to appeal.
“This is just the beginning. We have always known that there will
be no final resolution in this case until it is heard by the Supreme Judicial
Court. Our objective in this round was primarily to begin the process
of making our case for equal treatment of all families in the Commonwealth,”
remarked Jennifer Levi, senior staff attorney at GLAD and co-counsel in
the case.
Reaction from the couples was immediate. “We are deeply disappointed
that the court did not recognize that we seek simply the same legal protections
for our family that other committed couples throughout the Commonwealth
enjoy,” said Hillary Goodridge who together with her partner Julie Goodridge
has been in a committed relationship of 14 years.
The court based its denial of marriage licenses on a legal conclusion
that having and raising children is central to the purpose of marriage,
despite acknowledging that 4 of the 7 couples in the case have children
and that Massachusetts law allows same-sex couples to jointly adopt.
“The decision is particularly troubling because Heidi and I, like many
of our gay and lesbian neighbors, have children. We feel strongly
that our sons deserve the same level of protection that other children
in the state enjoy,” commented Gina Smith who together with her partner
Heidi Norton sought to marry, in part, to ensure that their sons would
grow up in a world where their parents’ relationship is legally and communally
respected.
Other plaintiff couples in the case are: Michael Horgan and Ed Balmelli
of Boston, who are both from large families in Central Massachusetts; Maureen
Brodoff and Ellen Wade of Newton who have a 12-year-old daughter; Gloria
Bailey and Linda Davies of Orleans who have been a couple for 30 years;
Richard Linnell and Gary Chalmers of Northbridge who are the parents of
an eight-year-old daughter; and Robert Compton and David Wilson of Boston,
who are each parents of grown children. David is also the grandfather
of four.
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