PFLAG OMAHA - Community News Archive: November 2003

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CONTACT: PFLAG Communications 917-523-5029

Parents, Families and Friends of Lesbians And Gays (PFLAG)
LAUDS MASSACHUSETTS SUPREME JUDICIAL COURT RULING FOR FAIRNESS

Historic Decision Upholds Marriage Equality and Affirms Family Values

WASHINGTON, D.C. - November 18, 2003 - Parents, Families and Friends of Lesbians and Gays (PFLAG), the nation's family-based organization that supports equal rights for all, lauds the Massachusetts Supreme Judicial Court for its decision upholding the right of same-sex couples to enjoy the benefits of legal marriage.

"The Massachusetts decision is a step forward for those of us in every state who believe that society's recognition of marriage and the family is a basic constitutional right," said Sam Thoron, PFLAG national president.

"As a parent of a lesbian daughter, I await the day when our entire country recognizes that love and commitment come in many forms and that all families are entitled to equal treatment and benefits under the law."

The case upon which the groundbreaking ruling was made was brought by seven same-sex couples who were denied marriage licenses. The suit asked whether, consistent with the Massachusetts Constitution, the Commonwealth could deny the protections, benefits and obligations conferred by civil marriages to two individuals of the same sex who wish to marry. The Council concluded that the state's position that marriage is reserved for opposite sex couples constitutes discrimination that barred access to same-sex couples to the protections, benefits, and obligations of civil marriage, and such discriminatory treatment is incompatible with the constitutional principles of respect for individual autonomy and equality under the law. The Council directed the Massachusetts Legislature to conform state law with its decision within 180 days of the ruling.

"The right of marriage sustains and nourishes families and communities," expressed PFLAG executive director David Tseng. "This ruling allows everyone to partake of the same benefits and privileges that our society extends to married couples. We call upon the Massachusetts Legislature to do the right thing, take the lead of the Council, and extend full marriage rights to same-sex couples."

Parents, Families and Friends of Lesbians andd Gays (PFLAG) is the nation' foremost family-based organization committed to the civil rights of gays,lesbians, bisexual and transgender (GLBT) persons. Founded in 1973 by mothers and fathers, PFLAG has 250,000 members throughout the United States.

BOSTON -- Massachusetts' highest court ruled Tuesday that same-sex couples are legally entitled to wed under the state constitution, but stopped short of allowing marriage licenses to be issued to the couples who challenged the law.

The Supreme Judicial Court's 4-3 ruling ordered the Legislature to come up with a solution within 180 days. The ruling closely matches the 1999 Vermont Supreme Court decision, which led to its Legislature's approval in 2000 of civil unions that give couples many of the same benefits of marriage.

"Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support. It brings stability to our society," Chief Justice Margaret Marshall wrote in the long-awaited ruling.

"For those who choose to marry, and for their children, marriage provides an abundance of legal, financial and social benefits. In return, it imposes weighty legal, financial, and social obligations."

While a victory for gay rights advocates, the decision fell short of what the seven couples who sued the state had hoped to receive: the right to marry their longtime companion. The Massachusetts question will now return to the Legislature, which already is considering a constitutional amendment that would legally define a marriage as a union between one man and one woman. The state's powerful Speaker of the House, Tom Finneran of Boston, has endorsed this proposal.

A similar initiative, launched by citizens, was defeated by the Legislature last year on a procedural vote. Gay and lesbian advocates had been cheered by a series of advances this year, including a U.S. Supreme Court decision striking down anti-sodomy laws, the ordination of an openly gay bishop in the Episcopal Church, and a Canadian appeals court ruling that it was unconstitutional to deny gay couples the same marriage rights as heterosexual couples. Belgium and the Netherlands also have legalized gay marriage. In addition to Vermont, courts in Hawaii and Alaska have previously ruled that the states did not have a right to deny marriage to gay couples. In those two states, the decisions were followed by the adoption of constitutional amendments limiting marriage to heterosexual couples. No American court has ordered the issuannce of a marriage license -- privilege reserved for heterosexual couples.

The U.S. House is currently considering a constitutional ban on gay marriage. President Bush, although he believes marriage should be defined as a union between one man and one woman, recently said that a constitutional amendment is not yet necessary.

Gov. Mitt Romney has repeatedly said that marriage should be preserved as a union between a man and a woman, but has declined to comment on what he would do if gay marriages are legalized. On the campaign trail last fall, Romney said he would veto gay-marriage legislation. He supports giving domestic benefits such as inheritance and hospital visitation rights to gay couples.

Ron Schlittler
Director, Field & Policy Department
Parents, Families and Friends of Lesbians and Gays (PFLAG)
1726 M Street N.W., Suite 400
Washington D.C. 20036
202.467-8180 ext. 226
Fax: 202.467-8194
rschlittler@pflag.org