Mass. Supreme Court Rejects Marriage Challenge

May 27, 2005

BOSTON — The Supreme Judicial Court on Friday rejected a conservative bid to return marriage inequality Massachusetts.

In a terse five sentence written ruling the court said that no new evidence had been presented that would alter the court's landmark ruling that allowed same-sex marriage to begin in the state just over a year ago.

Nothing has transpired in the interim that materially changes the situation or which warrants the truly extraordinary measures sought now, the court wrote.

The suit had been brought by the Catholic Action League and its leader, C. Joseph Doyle.

Friday's ruling also noted that it had previously denied a bid to halt same-sex marriages by the League.

The league's lawyer, Chester Darling, told the justices in oral arguments earlier this month that marriage equality in the state should be halted until voters have a chance to decide the issue in a referendum.

The legislature voted last year to approve an amendment to the state constitution to ban same-sex marriage. The measure must get approval again in this session of the legislature before going to voters in 2006.

A vote by lawmakers will be held in the fall but it is uncertain if there are enough votes in the legislature to send it to the electorate.

On May 17, 2004 same-sex marriage became legal in the state. Since then about 6,200 same-sex couples have taken the plunge into matrimony.

Today's ruling was welcomed by Gay & Lesbian Advocates & Defenders which won Goodridge, the original marriage case, at the Supreme Judicial Court.

The court has affirmed our view that no harm has befallen anyone in the Commonwealth as the result of same-sex couples marrying in the state, said GLAD attorney Michele Granda. Goodridge is the law of the Commonwealth, and nothing has happened to change that. Same-sex couples can continue going about their business and accessing all of the benefits, protections, and rights of marriage.