What the court actually decided is to send the case back to the lower court but stayed that decision for 180 to give the legislature time to act to come up with a legislative solution. The legislature can choose to do nothing.
In their complaint the plaintiffs request only a declaration that their exclusion and the exclusion of other qualified same-sex couples from access to civil marriage violates Massachusetts law. We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution. We vacate the summary judgment for the department. We remand this case to the Superior Court for entry of judgment consistent with this opinion. Entry of judgment shall be stayed for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion.HILLARY GOODRIDGE vs. DEPARTMENT OF PUBLIC HEALTH