Difference between revisions of "Goodridge v. Department of Public Health"
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| − | In '''''Goodridge v. Department of Public Health''''', 440 Mass. 309 (2003), the [[Massachusetts]] Supreme Court declared it to be unconstitutional for the legislature not to grant same-sex [[marriage]] licenses. The Court, in an extraordinary order, gave the [[Massachusetts]] legislature 180 days to pass a law | + | In '''''Goodridge v. Department of Public Health''''', 440 Mass. 309 (2003), the [[Massachusetts]] Supreme Court declared it to be unconstitutional for the legislature not to grant same-sex [[marriage]] licenses. The Court, in an extraordinary order, gave the [[Massachusetts]] legislature 180 days to pass a law favoring of same-sex [[marriage]]. |
The decision split 4-3, with the swing vote relying on the state [[Equal Rights Amendment]]. Chief Justice Margaret Marshall, a native of [[South Africa]], cited a [[Canadian]] court in her opinion. One writer for the journal ''Legal Affairs'' described Marshall as "an advocate of mining the work of foreign courts,"<ref>Emily Bazelon, "A Bold Stroke," ''Legal Affairs'' and Harvard law, May-June 2004.</ref> professor Martha Minow, who has long known Justice Marshall, said that ''Goodridge'' "is like a South Africa decision." | The decision split 4-3, with the swing vote relying on the state [[Equal Rights Amendment]]. Chief Justice Margaret Marshall, a native of [[South Africa]], cited a [[Canadian]] court in her opinion. One writer for the journal ''Legal Affairs'' described Marshall as "an advocate of mining the work of foreign courts,"<ref>Emily Bazelon, "A Bold Stroke," ''Legal Affairs'' and Harvard law, May-June 2004.</ref> professor Martha Minow, who has long known Justice Marshall, said that ''Goodridge'' "is like a South Africa decision." | ||
Revision as of 11:35, October 7, 2013
In Goodridge v. Department of Public Health, 440 Mass. 309 (2003), the Massachusetts Supreme Court declared it to be unconstitutional for the legislature not to grant same-sex marriage licenses. The Court, in an extraordinary order, gave the Massachusetts legislature 180 days to pass a law favoring of same-sex marriage.
The decision split 4-3, with the swing vote relying on the state Equal Rights Amendment. Chief Justice Margaret Marshall, a native of South Africa, cited a Canadian court in her opinion. One writer for the journal Legal Affairs described Marshall as "an advocate of mining the work of foreign courts,"[1] professor Martha Minow, who has long known Justice Marshall, said that Goodridge "is like a South Africa decision."
References
- ↑ Emily Bazelon, "A Bold Stroke," Legal Affairs and Harvard law, May-June 2004.