According to the GLAD (GLBTQ Legal Advocates and Defenders) organization, in a historic decision, the Massachusetts Supreme Judicial Court ruled on November 18, 2003, that same-sex couples have the right to civil marriage in Massachusetts. The holding in GLAD’s case, Goodridge v. The Department of Public Health, was the first of its kind in this country by a state high court.
Over a decade later, in Obergefell v. Hodges, the U.S. Supreme Court made marriage equality a reality nationwide when it held that the U.S. Constitution guarantees same-sex couples the right to marry. GLAD’s own Mary Bonauto represented the plaintiffs during the oral arguments. Post-Obergefell, all 50 states are mandated to issue marriage licenses to same-sex couples, and all states must respect the marriages of same-sex couples performed in other jurisdictions.
Will Massachusetts Respect my Marriage?
Massachusetts will respect the legal marriages of same-sex couples regardless of where the marriage was completed. All states will now respect the marriage of a same-sex couple married in Massachusetts.
Additionally, the Massachusetts Supreme Judicial Court held that civil unions would be treated as a marriage in Massachusetts, and registered domestic partnerships would be treated as a marriage in Massachusetts with rights and obligations functionally identical to marriage. These unions will be accorded the same respect as marriages by Massachusetts courts.
After Obergefell v. Hodges, same-sex spouses should be able to dissolve their marriages on the same terms as different-sex spouses. For instance, Massachusetts explicitly applies its divorce statutes to same-sex couples. Specifically, using the divorce statutes for “husband” and “wife” to a same-sex couple. However, spouses should note that when Massachusetts courts divide marital property and award alimony, one of the factors a judge considers is the length of the marriage.
Unfortunately for spouses whose partnership pre-dates marriage equality, the length of the marriage may not reflect the true length of the relationship, causing an unbalanced division of assets. Regarding alimony, Massachusetts courts may consider a couple’s premarital cohabitation if there is evidence of an economic partnership.
Can Massachusetts Same-Sex Couples Get Married Anywhere Else?
Since Obergefell v. Hodges, all states have been mandated to issue marriage licenses to same-sex couples. As of July 31, 2008, even out-of-state couples can get married in Massachusetts. Governor Deval Patrick signed a bill repealing a 1913 law that barred couples from marrying in Massachusetts if their marriage would not be recognized in their home state. Lawmakers included a provision to make the repeal effective immediately.
What are Some Requirements For Same-Sex Couples to be Married in Massachusetts?
The ACLU establishes some ground rules for marriage for same-sex couples and lists some basic requirements for marriage. For example, both people must apply in person to any city or community clerk within the state (The pandemic may have shifted this rule).
There is a three-day waiting period between the date of the application and the date the license is issued. Weekends and holidays are included in the three days, but the day the application is made is not. Many couples have gotten the waiting period waived to get their licenses on the spot. If you are interested in such a waiver, ask the clerk at the office where you intend to apply for your license.
Furthermore, both people must be at least 18. You may be required to show a birth certificate as proof, but a medical certificate is not required. They used to be required, but the state removed the requirement in 2005. Massachusetts will recognize your marriage, just as it would recognize opposite-sex marriages from another country or state.
Moreover, legal recognition of civil unions and domestic partnerships in Massachusetts has not been determined. We believe that Massachusetts should respect the legal status of civil unions or domestic partnerships that are intended to be parallel to civil marriage in all respects under that state’s laws. This would include civil unions from Vermont, Connecticut, New Jersey, and New Hampshire and domestic partnerships from Oregon and California.
However, it is not yet clear what effect those legal unions are being accorded in Massachusetts. Domestic partnerships from other jurisdictions which do not approximate marriage may not be recognized in Massachusetts.
If you visit Massachusetts and get married, you will be considered married. Whether federal and other state governments and private businesses will respect your marriage is a more challenging question. Businesses that already recognize same-sex couples (through domestic partnerships or similar systems) almost certainly will. It is hard to say what will happen with businesses that still need to recognize same-sex couples.
Remember that before you initiate any case about your marriage, you can contact the ACLU or other LGBT legal organizations. You may have a good claim that should be brought up, but it is also possible to do serious harm by suing. For example, In 1997, an Alaskan couple sued the state for the right to marry. After they won a preliminary hearing, the state, with a 68% majority, passed a constitutional amendment banning same-sex marriage.
That ended the case. It can also prevent any state court or the state legislature from allowing same-sex marriage until the people vote to change the state constitution again. The state has even used the constitutional amendment as an excuse not to recognize domestic partnerships. The battle is uphill for same-sex couples to be married, but there has been a progression.
What Should I Say When Asked if I am Married?
The ACLU also states that if you wrote in your applications for jobs, credit, mortgages, insurance, medical treatment, etc., that you are married, you are considered married. However, if you know that the agency or organization asking does not recognize same-sex marriages, and especially if saying you are married will bring you some benefit, you should properly communicate that your spouse is someone of the same sex and that you have been legally married in Massachusetts.
Moreover, if you do not, you could be accused of acting improperly, and there could be consequences. This is especially true of forms from states other than Massachusetts and the federal government, such as tax forms, Immigration and Naturalization Service (now known as Bureau of Citizenship and Immigration Services), Social Security forms, etc.
Lastly, you may feel you want to use your government forms to make a stand on the issue. We understand anger at not having your relationship recognized but think long and hard about any risk you take to make a statement. Willfully breaking the law on principle may leave you with more issues.
Would We be Entitled to File a Joint Federal Tax Return?
The Internal Revenue Service will not recognize same-sex marriages. Since you are required to declare your marital status, the issue becomes challenging. You do not want to deny your marriage. The best option would be to file as single and note on the form that you are married to a same-sex partner. Discuss with an accountant if you can before you file.
When Do I Need to Contact a Lawyer?
If you live in Massachusetts and want to get married as a same-sex couple, there is a path forward for you. However, if you encounter any issues regarding your marital rights, please do not hesitate to contact a Massachusetts family law attorney to guide you.
