On November 18, 2003, the
Massachusetts
Supreme Court held that excluding same-sex couples from
civil marriage violated the state constitution’s equal
protection clause. The Court rejected the
Commonwealth
arguments, finding that it failed to articulate a rational
basis for denying civil marriage to same-sex couples. The
Court decision was stayed for 180 days to allow the state
Legislature to take appropriate action. The Legislature proposed
allowing civil unions instead of marriage; however, the Court
rendered this solution unconstitutional. On May 17, 2004,
Massachusetts became the first state to sanction same-sex
marriage. By the end of May, over 1,000 same-sex marriages
had taken place. In August, Massachusetts Governor Mitt Romney
invoked a 1913 statute to prohibit non-Massachusetts residents
from marrying. A lawsuit is pending which challenges the Governor’s
action.
