Massachusetts High Court Rejects Senate’s “Separate but Equal” Approach to Gay Marriage
Equality Florida celebrates courts courageous decision

Today, the Massachusetts Supreme Judicial Court issued an advisory opinion which strongly affirmed its prior ruling that only marriage – not civil unions or any other separate status – would satisfy the equality provisions of the Massachusetts Constitution. 

Responding to a request for review, the court ruled that a draft “Civil Unions” bill submitted by the Massachusetts Senate did not provide true equality. “Because the proposed law by its express terms forbids same-sex couples entry into civil marriage, it continues to relegate same-sex couples to a different status.”

“The history of our nation has demonstrated that separate is seldom, if ever, equal,” the court continued.

Massachusetts Senators had sought to establish civil unions for lesbian and gay couples rather than permit those couples to marry. “The court has answered the question,” responded the court.  The prior decision was issued in response to a lawsuit by seven Massachusetts couples who sued for the right to marry, represented by Gay and Lesbian Advocates and Defenders, a legal advocacy group in Boston.    

“In light of our recent court decision upholding Florida’s anti-gay adoption ban, this is particularly good news,” said Brian Winfield, Equality Florida’s Communications Director.

“We do not know of a single state that has a residency requirement to obtain a marriage license. Therefore, this ruling could have an almost immediate impact the more than 41,000 same-sex households in Florida that reported their relationships on the 2000 Census.” The court previously set May 17, 2004 as the latest date for issuance of marriage licenses.

Note: The National Center for Lesbian Rights (NCLR) contributed to this press release.

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