|
November 8, 2002
GLAD SUIT SEEKING CIVIL
MARRIAGE FOR GAYS AND LESBIANS BACKED BY LOCAL AND NATIONAL ORGANIZATIONS
Briefs filed today in
SJC; Argument Expected Early in 2003
(Boston, MA) An unprecedented number of
independent organizations from the Boston Bar Association to the Urban
League of Eastern Massachusetts, the Greater Boston Civil Rights Coalition
and a host of child welfare experts joined the Gay & Lesbian Advocates
& Defenders (GLAD) today in filing its brief and 10 supporting briefs
in the case before the Supreme Judicial Court (SJC) seeking the right to
marry for gays and lesbians in Massachusetts.
The suit, originally filed on behalf of
7 plaintiff couples in April, 2001, argues that the right to marry the
person of one's choice is protected under the state constitution. The brief
filed today in the SJC further argues that the state cannot justify excluding
same-sex couples from marriage and the hundreds of protections it provides.
"The strength of our case -- that it's
fundamentally discriminatory to deny these couples and families the same
protections as others -- is clearly demonstrated in the depth and breadth
of those organizations and individuals who are standing with us," said
Mary Bonauto, the lead GLAD attorney on the case. "Our plaintiffs are just
like other couples and families throughout the state. Their concerns are
universal -- that they can provide stability and love as they raise their
children, and that in times of need, they can protect one another."
In the 10 friend of the court briefs filed
in support of GLAD's brief, totaling over 500 pages, the arguments and
organizations include the following:
-
The Boston Bar Association and others submitted
a brief to explain the enormous edifice of laws protecting married couples
– including laws which honor their emotional commitment and support their
economic interdependence –but which cannot be obtained absent marriage.
-
The Greater Boston Civil Rights Coalition,
the Urban League of Eastern Massachusetts, the Massachusetts Black Women
Attorneys, Massachusetts NOW and the Massachusetts Association of Hispanic
Attorneys and many others argue that excluding gays from marriage is discriminatory
in the same way it was when the state forbade interracial marriage and
stripped women of their legal rights on their wedding day.
-
The authors of a leading family law treatise
in Massachusetts, Professor Charles Kindregan, Jr. and Attorney Monroe
Inker, use their brief to explain that marriage has always been legally
valid in the state whether or not couples have wanted or reared children,
thereby discrediting the procreation argument often used to exclude gays
and lesbians from marriage.
-
The American Psychoanalytic Association, the
National Association of Social Workers, and the pediatric chairs of several
major hospitals argue that gay and lesbian parents are good parents, and
the exclusion of same-sex couples from marriage cannot be justified by
child rearing concerns.
-
The Jewish Reconstructionist Federation, the
Unitarian Universalist Association as well as individual clergy from a
variety of faiths, filed to remind the Court that only the legal institution
of civil marriage is at issue in the case, not the rules of any faith,
and that many clergy support the right of gays and lesbians to marry civilly.
The friend of the court briefs were written
and filed by attorneys at many of the leading law firms throughout Massachusetts,
including Hale & Dorr, Palmer & Dodge, Foley Hoag, Goodwin Procter,
Hill & Barlow, Bingham McCutchen, Peabody & Arnold, and Choate,
Hall & Stewart, Krokidas & Bluestein, and Kimball, Brusseau &
Michon.
A state Superior Court judge ruled against
the plaintiffs in May, 2002, prompting this appeal to the SJC. The case
is expected to be heard by the SJC sometime this winter, and decided in
the summer of 2003.
"This unprecedented level of support demonstrates
that when people understand the depth of inequity faced by gay and lesbian
couples and families today, they see the profound discrimination involved
in marriage and want to change it," said Gary Buseck, GLAD's Executive
Director. "We hope and expect the court to come to the same conclusion."
Of the 7 couples, 4 are raising children.
One lesbian couple, facing both health and retirement issues, has been
in a committed, loving relationship for 30 years. One gay couple are parents
of grown children and proud and doting grandparents.
The couples are Hillary and Julie Goodridge
of Boston, together for 15 years and raising a 7-year-old daughter; Maureen
Brodoff and Ellen Wade of Newton, together for 21 years, and parents of
a 13-year-old daughter; Gloria Bailey and Linda Davies of Orleans, a couple
for 31 years; Richard Linnell and Gary Chalmers of Northbridge, together
for 14 years and parents of a 10-year-old daughter; Heidi Norton and Gina
Smith of Northampton, together for 12 years, and parents of sons ages 6
and 2; Robert Compton and David Wilson of Boston, together for 6 years,
who are also parents and grandparents; and Michael Horgan and Ed Balmelli
of Boston who have been together for 8 years.
All briefs as well as other material, including
profiles of the plaintiffs, are available on GLAD's website, www.glad.org.
Gay & Lesbian Advocates & Defenders
(GLAD) is New England's leading legal rights organization dedicated to
ending discrimination based on sexual orientation, HIV status, and gender
identity and expression.
|