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. 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. The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens. In reaching our conclusion we have given full deference to the arguments made by the Commonwealth. But it has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples.link.
This sentence of the ruling was decided and written long before the case was ever heard.
But I think this court's ruling will backfire on the left, as the proposed heterosexual marriage only amendment to the Constitution becomes the winning conservative issue of the 2004 campaign.
If they can't see the uniqueness of a male/female marriage and what its potentialities are, then I'm ready......
When in the course of human events.....
Sorry, but the Massachusetts Supreme Court is exactly right on this one. There is no constitutionally adequate reason for denying civil marriage to same sex couples.
That's the problem with governmental recognition of civil marriage.
Get government out of the marriage business, before it is too late! This cornerstone of society is strong enough to survive without governmental protection.
Government can only destroy marriage. Protection of marriage from government is the only way to save it.
BOSTON (AP) Justice Margaret Marshall was elevated to chief justice of Massachusetts' highest court Wednesday, becoming the first woman to head the nation's oldest appellate court.
Ms. Marshall, a former chief counsel at Harvard University, overcame charges of anti-Catholic bias to win a 6-3 confirmation vote by the Governor's Council, which votes on nominations by the governor.
"1 follow in the footsteps of giants," Ms. Marshall said. "1 do so with humility, and with a deep commitment to the rule of law."
Ms. Marshall, 55, a native of South Africa,
was appointed an associate justice of the Supreme Judicial Court in 1996. She was at Harvard at the time and had previously been in private practice.
Her nomination to head the 307-year-old court was marred when Cardinal Bernard Law raised concerns that she harbored anti-Catholic bias.
Law, who heads the Roman Catholic Archdiocese of Boston, wrote last month to Gov. Paul Cellucci and said Ms. Marshall was "open to serious charges of anti-Catholicism."
He cited an incident in which Ms. Marshall, while at Harvard, chastised a professor who had used university stationery for a personal note with an anti-abortion message.
Catholic groups also feared she could not be impartial on abortion cases because she once served on an abortion clinic's board of trustees. Ms. Marshall denied her personal views would affect her role as jurist.
Law later retracted his complaint after speaking with Ms. Marshall, who is Protestant. "She gave me her assurance that she was not anti-Catholic," he said, "and I have absolutely no reason to not accept her word on that."
Is Justice Margaret Marshall a U.S Citizens?