GLAD Seeks Injunction Against Massachusetts for Denying Marriage Licenses to Out-of State Couples

Dear Friends of GLAD,

We told you GLAD wouldn't let Governor Romney deny marriage rights to same-sex couples. When he interfered with the Goodridge decision by denying marriage licenses to same-sex couples who are not residents of Massachusetts, we promised GLAD would respond.

One month after the first marriage licenses were granted to gay and lesbian couples in Massachusetts, GLAD
has sued to make sure licenses will be granted to ALL eligible same-sex couples, no matter where they come from, as required under the Massachusetts Constitution.

Two lawsuits were announced today challenging the constitutionality and discriminatory enforcement under
Massachusetts Laws, Chapter 207 Section 11 (the 1913 Reverse Evasion statute). This 1913 law is being used to prohibit clerks from issuing licenses to out-of-state same-sex couples. Both suits seek declaratory and
injunctive relief from the cease and desist order issued by the Attorney General on May 21, and charge that Section 11 is unconstitutional as applied to gay and lesbian couples. The suits will be filed in Suffolk County Superior Court tomorrow.

One lawsuit represents 12 cities and towns, and the other, filed by GLAD, represents eight out-of state couples. According to the legal action, the state directive issued to clerks as well as the Attorney General's cease and desist order are unenforceable because the law is being discriminatorily enforced against those couples.

"We believe that Section 11 violates both the liberty and equality provisions of the Massachusetts Constitution," said Mary Bonauto, Civil Rights Director of GLAD. "This was a law that clerks were instructed to ignore for decades, yet the governor pulled it off the shelves just to deny marriage to some gay and lesbian couples. Plainly stated, the Constitution trumps Section 11 under the Goodridge decision."

Learn more about this suit and the plaintiff couples and read the plaintiffs' complaint.

Sincerely,

The GLAD Team

P.S. Thank you for helping GLAD preserve the full Goodridge marriage victory. Please support GLAD and donate generously.

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Gay & Lesbian Advocates & Defenders (GLAD) is New England's leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression. Since 1978, through impact litigation and public education, GLAD has worked to create a better world for lesbians, gay men, bisexuals, transgender individuals and people living with HIV.