GLAD Argues for Injunction: Massachusetts Shouldn't Deny Marriage to Out-of State Couples

Dear Friend,

Here's the news, hot off the press: This afternoon, GLAD appeared in Superior Court and argued that the Commonwealth of Massachusetts should immediately end its denial of equal marriage rights to non-resident
same-sex couples.

The case, Cote-Whitacre, et al. v. Department of Public Health, was originally filed on June 18, 2004, on behalf of eight gay and lesbian couples from across New England who were denied marriage licenses or who married in Massachusetts, but now face claims that their marriages are null and void. Various cities and towns have also filed suit. Together, the two suits challenge the State' s discriminatory application of the so-called 1913 Reverse Evasion Statute, which is being wrongly interpreted to exclude non-resident same-sex couples from obtaining
marriage licenses in Massachusetts.

"These couples ask simply that the Commonwealth fulfill the constitutional guarantees of equal treatment and not single out non-resident gay and lesbian couples by denying them alone access to marriage licenses," said Michele Granda, GLAD staff attorney.

It may take a long time for the full case to make its way through the Massachusetts court system. That's why GLAD went to court today: to argue that the court should issue a preliminary injunction allowing non-resident same-sex couples to marry in Massachusetts while the case is being decided.

The court is likely to respond to today's arguments within the next several weeks, and GLAD expects that any decision will be appealed. We will work hard to make sure the issue is handled as quickly as possible.

Sincerely,
The GLAD Team

P.S. Thank you for helping GLAD preserve the full Goodridge marriage victory. Please support GLAD and donate generously at http://www.glad.org/Donate_to_GLAD.

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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.