Gay Marriage Massachetts | PBS NewsHour

Contents:

• MASSACHETTS’ GAY MARRIAGE BILL IS NOW LAW
• GAY MARRIAGE
• TODAY IN HISTORY: 12 YEARS SCE MASSACHETTS BEME FIRST STATE TO LEGALIZE GAY MARRIAGE
• REFLECTG ON MASSACHETTS' HISTORIC GAY RIGHTS LG, 15 YEARS LATER: ANALYSIS
• LAWYER REFLECTS ON NATN'S FIRST GAY MARRIAG: 'THE CAGE HAD BEEN LIFTED'
• GAY MARRIAGE MASSACHETTS
• WHERE IT BEGAN: MASS. REACTS TO SUPREME COURT'S LANDMARK GAY MARRIAGE RULG

MASSACHETTS’ GAY MARRIAGE BILL IS NOW LAW

The road to marriage equaly began April 2001 when Gay and Lbian Advot and Defenrs, a nonprof group of attorneys that works on LBGTQIA+ issu, started a su agast the Massachetts Department of Public Health on behalf of seven gay and lbian upl who had been nied marriage licens. Michelle Johnson and Myrna Greenfield joed dozens of other same-sex upl to be married the night gay marriage was legalized Massachetts. “I have been really pleasantly surprised at how differently people treat you when you're officially married and how eager and willg people have been to wele gay people to the fold, ” said Myrna Greenfield, Johnson’s wife.

Gay and lbian upl om outsi Massachetts are now ee to marry the Deval Patrick on Thursday signed a bill repealg a 1913 law that barred upl om marryg Massachetts if their unn would not be valid their own stat. Massachetts has allowed gay marriag sce 2004, but the move to repeal the law mak the state equal wh California, which recently beme the only other state to legalize gay marriage and has no rincy gay upl n marry as soon as Thursday, sce lawmakers clud a provisn to make the repeal go to effect Massachetts, there is a standard three-day wag perd after applyg for a license, but any uple n petn a urt for a waiver — somethg gay upl -state did by the hundreds when the first legal gay marriag the natn were performed May 2004.

Opponents said repealg the law would make Massachetts the "Las Vegas of gay marriage" and would ge on other stat' rights to fe marriage. A state study timat that more than 30, 000 out-of-state gay upl -- most of them om New York -- will wed Massachetts over the next three years. The form, ed sce October 2005, also asks where they currently live and plan to live once married, which has been the vehicle by which clerks have prevly been able to block out-of-state upl om obtag a marriage license is good anywhere Massachetts, so an out-of-state gay uple livg elsewhere New York or New England uld apply a borr muny and then marry anywhere the state.

GAY MARRIAGE

Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn.

” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups. Though the gay rights movement saw some advancements the 1970s and 1980s—such as Harvey Milk beg the first openly gay man elected to public office the untry 1977—the fight for gay marriage ma ltle headway for many years. In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners.

TODAY IN HISTORY: 12 YEARS SCE MASSACHETTS BEME FIRST STATE TO LEGALIZE GAY MARRIAGE

C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch. Congrs 1996 passed the Defense of Marriage Act (DOMA), which Print Bill Clton signed to didn’t ban gay marriage outright but specified that only heterosexual upl uld be granted feral marriage benefs. That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S.

Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v. The state fally troduced the untry to gay marriage (m the feral benefs) when began issug same-sex marriage licens on May 17, that year, the U. 2004 was notable for upl many other stat as well, though for the oppose reason: Ten typilly nservative stat, along wh Oregon, enacted state-level bans on gay marriage.

Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire. Domtic Partnerships Throughout the and the begng of the next, California equently ma headl for seawg on the gay marriage state was the first to pass a domtic partnership statute 1999, and legislators tried to pass a same-sex marriage bill 2005 and 2007. Perry legalized same-sex marriage early 2010s ntued the state-level battl over gay marriage that fed the precedg , wh at least one notable event.

REFLECTG ON MASSACHETTS' HISTORIC GAY RIGHTS LG, 15 YEARS LATER: ANALYSIS

For the first time the untry’s history, voters (rather than judg or legislators) Mae, Maryland, and Washgton approved Constutnal amendments permtg same-sex marriage marriage also beme a feral issue 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA—the part of the 1996 law that fed marriage as a unn between one man and one woman—to be unnstutnal. Wdsor, nservative Jtice Anthony Kennedy sid wh Jtic Ruth Bar Gsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan favor of same-sex marriage rights, ultimately makg gay marriage legal across the natn June this time, was still outlawed only 13 stat, and more than 20 other untri had already legalized gay marriage, startg wh the Netherlands December 2000.

Hillary, left, and Julie Goodridge, lead platiffs the landmark Massachetts gay marriage lawsu receive their weddg rgs om their dghter, Annie, 8, as Unarian Rev.

LAWYER REFLECTS ON NATN'S FIRST GAY MARRIAG: 'THE CAGE HAD BEEN LIFTED'

William Skford pris over their marriage ceremony Boston durg the first day of state-sanctned gay marriage the Uned Stat Monday, May 17, 2004. Legalizg gay marriage did more than rg weddg bells-- changed the landspe of acceptance and equaly for all Massachetts cizens. In 2014, Adam Reilly wrote about how Massachetts ma gay policians mastream: om Charlie Baker mpaigng wh his openly gay brother, to Mra Healey beg elected to Attorney General ltle notice of her sexualy.

Meno is remembered as a rock star of the LGBT muny, and many nsir him pivotal the legalizatn of gay marriage:On Monday, May 17, 2004, Meno proudly rted the lead platiffs Goodridge v. Hillary and her partner, Julie Goodridge, left, the lead platiffs the Massachetts gay marriage lawsu, fill out their marriage license applitn, wh Boston Mayor Tom Meno lookg over their shoulr, at Boston Cy Hall Boston, Monday May 17, 2004. Early on, AG Mra Healy worked to llect ttimonials om same-sex upl Massachetts that uld prove legalizg gay marriage would posively affect the liv of Amerins.

Legal scholar Kenji Yosho spoke to WGBH News' Morng Edn on the role that Massachetts played the Supreme Court's cisn to legalize gay marriage:When Massachetts had same sex marriage…. A first csh of 41 upl led up the middle of the night to be the first gays and lbians to be legally married the Uned Stat, wh some of the platiffs the urt se gettg ont-of-the-le scene was jubilant. A small group of protters was drowned out by an exuberant crowd of gay activists and cur lols who had gathered unr the brightly l ancient bell tower Central Square to wns 15 years’ remove om that moment, ’s difficult to remember how uncerta all a few months earlier, San Francis Mayor Gav Newsom had orred that marriage licens be issued to gay upl – only to have the California Supreme Court later validate them and the marriag that had been the Whe Hoe, Print Gee W.

GAY MARRIAGE MASSACHETTS

Bh lled the Massachetts urt lg “eply troublg” and voiced support for a nstutnal amendment to ban gay marriage Massachetts, Republin Gov. Romney would not make easy for gay upl; among other burecratic obstacl, he voked a 90-year-old state law that had been wrten to block terracial marriage to prevent same-sex upl om other stat om g to the Bay State to men wearg wa outsi Town Hall, where same-sex upl om across the untry gathered May 17, 2004, Provcetown, Mass. Allowg gay upl to marry wasn’t a mastream posn eher polil party back John Kerry – then a senator om Massachetts, and the Democratic printial nomee 2004 – opposed gay marriage throughout his mpaign, favorg civil unns stead, what was viewed as a progrsive posn at the time.

A full printial cycle later, ndidate Barack Obama and his nng mate, Joe Bin, opposed natnwi gay marriage favor of civil unns. I am not favor of gay marriage, ” Obama said November 2008 – on the eve of his would take another four years -- and fully eight years after weddg bells first chimed for same-sex upl Massachetts -- before Bin pronounced himself fortable wh gay marriage. Obama – then nng for reelectn – followed su, acknowledgg an “evolutn” on the issue an terview wh ABC News’ Rob Roberts that ma him the first print to support gay upl fill out qutns about rincy on their applitn forms as they apply for marriage licens at the Cy Clerk's office Northampton, Mass., May 17, Jimenez/Getty Imag, FILEEven at that time, 2012, gay marriage was legal only six stat pl the District of Columbia.

WHERE IT BEGAN: MASS. REACTS TO SUPREME COURT'S LANDMARK GAY MARRIAGE RULG

The landmark Supreme Court se tablishg a fundamental right to marry me 2015 – effectively endg a polil bate ma more urgent on those urthoe steps 11 years, 2019, an openly gay printial ndidate has been featured on the ver of Time magaze alongsi his hband.

The Republin print he might n agast said, jt this week, he thks “’s great” that a married gay man is a pure historil cince, May 2004 Pete Buttigieg was an unrgrad at Harvard – the very cy, Cambridge, where the midnight marriage licens were issued. I wish I uld ask them now if they fd even more remarkable that the polics around gay marriage have moved as quickly as they have sce that day. Current statSce Sep 20, 2011Legal Don't Ask, Don't Tell is officially repealed throughout the Uned Stat, and gays and lbians may openly donatns by MSMs Massachetts?

It had been six months sce her arguments had persuad Massachetts' hight urt to allow the natn's first legal gay marriag, but opponents were still tryg to stop the weddgs before they started. Early Fights Barney Frank, an openly gay former ngrsman, lls Bonto "the LGBT muny's equivalent of Thurgood Marshall" — a brilliant polil strategist for the way she methodilly built the se for gay marriage, one state at a time. Almost immediately after she began workg 1990 for the gay advocy group GLAD (Gay and Lbian Advot and Defenrs) Boston, clients started askg Bonto to sue for gay marriage.

By the late 1990s, after seeg an almost-w for gay marriage Hawaii and gettg her own almost-w Vermont (that end civil unns stead of marriage), Bonto was ready to go for Massachetts. He lls Bonto astute and profsnal, but says her legal arguments, which he nsirs flty, laid the foundatn for what he lls today's "tolerance for anyone who dar oppose gay marriage. Same-sex upl n marry 17 stat and the District of Columbia, but still, there are more stat where gay upl are not allowed to marry than where they are.

CAMBRIDGE, Massachetts (CNN) -- The champagne is chilled, the k are osted, and gay and lbian upl across Massachetts are ready to make history Monday by sayg "I do. "To have the hight urt the state affirm your right to be a fay was wonrful, and jt gave you urage, " said Marcia Hams, who mped out ont of Cambridge Cy Hall on Sunday wh her bri-to-be, San Shepherd, to be the first le to apply for a marriage ci and towns the Bay State, cludg Cambridge, cid to open their licensg offic Sunday night so they uld beg handg out same-sex marriage applitns after midnight, when they bee the stroke of midnight, thoands of people broke to cheers as cy clerks Cambridge issued the first marriage license applitns to to gay and lbian and Shepherd were the first uple to fill out the crowd around Cambridge Cy Hall began throwg rice and sgg "The Star-Spangled Banner" as upl streamed through the ont door and to the clerk's male uple rried a sign readg "49 years together" wh pictur of their children and grandchildren on the the applitns are hand, upl will eher have to wa three days, or seek a waiver of the wag perd om a judge, before they n get a license to marry. The cisn on whether to grant a waiver is up to each dividual same-sex marriag Monday will mark a tone the gay rights movement, the culmatn of more than a of legal challeng across the untry to laws limg marriage to upl of the oppose social nservativ, too, have been galvanized by the specter of same-sex marriag, anizg support of a feral nstutnal amendment outlawg the practice, as well as amendments a number of stat that would stop other urts om followg Massachetts' issue has also bee fodr for the printial race.

But while Bh favors amendg the Constutn, Kerry is opposed and says he supports civil unns for gay and lbian further fuel to the ntroversy is the fact that the natn's first same-sex marriag will take place Kerry's home show that a majory of Amerins oppose lettg gay and lbian upl legally marry.

It layed the effective date of the cisn until Monday, to give the Legislature the opportuny to change the Legislature stead passed a nstutnal amendment that would overturn the urt's cisn, prohibg same-sex marriag but allowg civil unns for gay and lbian upl.

I really thk at this pot that gay marriage is evable, that the legal arguments for this type of discrimatn are unstaable and you look no further than the U.

Supreme Court, which ed very siar reasong strikg down the Texas sodomy laws, namely sayg that you nnot draw a distctn — the state is not a posn to draw a distctn between heterosexual and homosexual nduct as well as the rights and rponsibili they have. The dissenters I thought had a pretty good argument that — you read the dissents; you don't fd any argument, any cricism of gay relatnships. There is not even a parison to be ma between this strikg down of discrimatory laws banng terracial marriag and gay marriag.