Massachusetts Court Affirms Marriage Law

FOR IMMEDIATE RELEASE

MARRIAGE LAW PROJECT

Date: May 9, 2002

Contact: Bill Duncan

Phone: 202.319.6215

E-mail: DuncanW@law.edu

Website: www.marriagewatch.org

MASSACHUSETTS COURT AFFIRMS MARRIAGE LAW

Wednesday in Boston, Judge Thomas Connolly rejected an attempt to redefine marriage in Massachusetts to include same-sex couples.

In his 26-page opinion Suffolk County Superior Court Judge Thomas Connelly dismissed a lawsuit brought by seven same-sex couples in April 2001.

Acknowledging the unique contribution of marriage to society, especially children, Judge Connolly declared that any change to the definition of marriage would have to come from the Legislature. Judge Connolly held that the Massachusetts Constitution, as reflected in the history and traditions of the Commonwealth, does not guarantee a right to legal recognition of same-sex couples.

Bill Duncan, acting director of the Marriage Law Project, commended Judge Connolly for his decision.

"It is heartening to see that Judge Connolly has recognized the solid legal arguments which have supported the institution of marriage in Massachusetts for well over two hundred years. The Massachusetts Constitution clearly delineates between legislative and judicial powers, and Judge Connolly has rightly deferred to the representatives of the people."

Duncan, however, cautioned that this decision does not end the threat to marriage in Massachusetts, as the plaintiffs have already announced plans to appeal. Simultaneously, the group that filed the marriage lawsuit is also seeking to derail a constitutional amendment to protect marriage which has been endorsed by over 100,000 Massachusetts voters. The amendment is now being debated in the legislature. The lawsuit challenging the amendment will be heard today at the Supreme Judicial Court.

"Judge Connolly appropriately recognized that marriage is a matter for the people and for the legislature. We now urge the Massachusetts Legislature to accept this responsibility and quickly act on the pending amendment, giving the people a chance to decide about marriage for themselves."

The Marriage Law Project filed an amicus curiae brief in Goodridge v. Department of Public Health, Docket #2001-1647A, Suffolk County Superior Court (Mass.).

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