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A License for Same-Sex Marriage

By Willard H. DaSilva

On November 18, 2003, the Supreme Court of the Commonwealth of Massachusetts, in a divided 4-3 decision, ruled that a city or town clerk may not deny a marriage license to a couple on the grounds that they are not man and woman. Goodridge et al. v. Department of Public Health et al. The basis for the decision of the court is that the Commonwealth may not deny “the protections, benefits, and obligations conferred by civil marriage of two individuals of the same sex who wish to marry” and still comply with the constitutionally safeguarded rights of due process and equal protection. The decision has far-reaching ripple effects that impact upon same-sex couples throughout the country and the attorneys who represent them, and is not limited to the geographical boundaries of the state of Massachusetts.

Immediate Impact

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