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| Gay & Lesbian Advocates & Defenders | ||
Also available En Español.
On March 30, 2006, the Supreme Judicial Court of Massachusetts issued a complex decision in Cote-Whitacre v. Department of Public Health, GLAD's case challenging the state's new restrictions on marriages of non-resident same-sex couples. The implications for out-of-state couples who have already married or who wish to marry in Massachusetts are complicated. The situation may also change. This is a preliminary summary of what we believe to be the present state of affairs. What did the decision say?The SJC has ruled that the Commonwealth of Massachusetts must allow out-of-state couples to marry if the couple's home state does not expressly prohibit the marriage of same-sex couples entered there. If a state limits marriage by a constitutional amendment, statute or "controlling appellate opinion", the couple may not marry in Massachusetts. What happens next in the case?GLAD now has the opportunity to show that couples from some states may legally marry in Massachusetts. To meet the SJC's eligibility test for an out-of-state couple, GLAD must prove that there is nothing in the couple's home state statutes, constitution, or controlling appellate decisions that expressly forbids the marriage of same-sex couples entered there. If these sources of law in the home state do not expressly ban the marriage of same-sex couples there, then Massachusetts must allow otherwise qualified same-sex couples from that state to marry in Massachusetts.In what states is the door still open?The SJC singled out New York and Rhode Island as two states whose couples may be able to meet the court's new test. GLAD will be going back to court on behalf of couples from those two states to prove that they are fully qualified to marry in Massachusetts. The on-going court proceedings will ultimately clarify whether New York and Rhode Island same-sex couples may marry here (as well as the status of any already-entered Massachusetts marriage by same-sex couples from those states). GLAD is continuing to evaluate the decision to determine whether couples from other states will be able to meet that eligibility test as well.Who can still get married in Massachusetts ?It is still the case that those non-resident couples who can truthfully state that they have a present intent to reside in Massachusetts may marry in Massachusetts. (See GLAD's publication, "How to Marry in Massachusetts" for a more detailed discussion of this intent requirement and the dangers associated with making a false statement on a marriage license application). Unfortunately, until the Commonwealth changes its rules or a Massachusetts court makes a final ruling on the matter, all out-of-state same-sex couples who do not intend to move to Massachusetts will continue to be denied marriage licenses in Massachusetts.What about couples from out of state who got married in Massachusetts in 2004?GLAD is still reviewing the SJC's decision to determine what it means for out-of-state couples who have already married in Massachusetts (and did not indicate an intent to reside in Massachusetts). It is likely that the ultimate status of an already-completed marriage will depend on the laws of the couples' respective home states. GLAD will continue to work to bring greater clarity to the questions surrounding the status of already-entered marriages of out-of-state same-sex couples, and we recommend that you revisit GLAD's web site for regular updates, or call GLAD's Legal Information Hotline as (800) 455-GLAD. |
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