FOR IMMEDIATE RELEASE

June 7, 2004

GLAD Optimistic After Federal Appeals Court Hearing Today

(Boston, MA)  After an emergency ruling on May 14, 2004 that found no merit to a federal lawsuit that sought to stop the issuance of marriage licenses to lesbian and gay couples, the United States Court of Appeals today heard arguments in the full appeal of the case.  The case is Robert Largess et al. v. Supreme Judicial Court of Massachusetts et al.  Gay & Lesbian Advocates & Defenders (GLAD) intervened in the case on behalf of the seven same-sex couples who were plaintiffs in the Goodridge case. 

After the argument GLAD attorneys were confident that the Court of Appeals is once again ready to reject the claim that the Massachusetts Supreme Judicial Court’s decision in Goodridge v. Department of Public Health violated the federal constitution’s guarantee of a republican form of government.

The week before Massachusetts began issuing marriage licenses to lesbian and gay couples on May 17, 2004, the United States District Court, the U.S. Court of Appeals for the First Circuit, and the United States Supreme Court, all rejected Largess’s request for an emergency injunction to stop the implementation of Goodridge. In its emergency ruling on May 14, 2004, the U.S. Court of Appeals easily discarded the argument that the Goodridge violated the Guarantee Clause of the U.S. Constitution, ruling that “Goodridge does not establish permanent martial law or declare the Commonwealth a monarchy.”

“This lawsuit was one of several last ditch attempts to stop marriage for lesbian and gay couples that were all resoundingly rejected by the courts,” stated Mary L. Bonauto, the GLAD attorney who was lead counsel in the Goodridge litigation. She added, “This case had no merit before May 17 and it has no merit after May 17.  The plaintiffs’ claims here simply dress up state law arguments against Goodridge that were rejected by the Supreme Judicial Court and attempt to masquerade them in federal court as new federal claims. The federal courts have not been fooled by this.”