Divorce Mediation Blog

As Same Sex Marriage Returns to SCOTUS, Massachusetts Should Celebrate Our Own

Wednesday, May 13, 2015

As we await the U.S. Supreme Court’s latest and perhaps ultimate same sex marriage decision in the four cases led by Obergefell, et. al. v. Hodges, it is worth recalling the breathtakingly fast (for all of us not personally disabled by marriage inequality) evolution in this country’s attitude. Can it be that less that barely 3 years ago, President Obama’s hand was forced by VP Biden’s gaffe (or was it?) to support same sex marriage? And, now, according to some pundits, the Republican party is praying that SCOTUS will strike down all state bans, to extricate the GOP from the pro-discrimination political box that they have crafted to win primaries and lose nationally. Could it be more ironic that Justice Roberts may hold the key to Republican presidential success, by siding with the liberal side of the Court against his own party’s 2012 platform, let alone its culture warriors?

As Massachusetts lawyers, it is equally worth celebrating the Commonwealth’s role in starting the ball rolling. From Mary Bonauto’s groundbreaking advocacy (she also argued the SCOTUS case last month) to Margaret Marshall’s Supreme Judicial Court leadership and eloquence in 2003’s Goodrich v. Department of Public Health, we have much to make us proud. As a state that has not always led with honor (before Plessy v. Ferguson, there was the SJC’s Roberts v. City of Boston, the seed of Plessy’s treacherous outcome) we certainly did so, here. Even the flap that followed the Goodrich decision and preceded it’s 2004 effective date, during which the Court gave the legislature the opportunity to pre-empt its ruling with marriage equality legislation, was brief and relatively contained.

Since then, has the sky not fallen, but one state after another (and D.C.) have followed suit.

When the history of this era’s civil rights development is written, Bonauto and Marshall will be recognized as giants of the ongoing national struggle to expand rights. Whatever SCOTUS decides this term, or later, we owe these women a debt of gratitude.

Get e-mail notifications of new blog posts! Enter email address below.:

Delivered by FeedBurner

other articles

recent posts


Alimony Reform Act Levine Dispute Resolution family support family law arbitrator Act Reforming Alimony in the Commonwealth medical benefits family law family law mediation MLB labor agreement Twinkies Defense of Marriage Act alimony reform legislation divorce agreement Baseball divorce judgment Massachusetts Same Sex Marriage Self-adjusting alimony orders Matrimonial Arbitration divorced facilitated negotiations high-risk methodology med-arb divorce lawyers support orders divorce mediator pre-ARA alimony mediation how baseball arbitration works rehabilitative alimony dispute resolution alimony arbitration divorce mediators Levine Dispute Resolution Center LLC Massachusetts Lawyers Weekly Levine Dispute Resolutions child support health coverage divorce arbitrator mediations Baseball Players COLA divorce mediations General term alimony family mediation Uniform Arbitration Act disputes annulment Massachusetts divorce mediators private dispute resolution divorce process Massachusetts lawyers family and probate law disputes mediator Boston Family Law Arbitration SJC litigation divorce arbitration traditional negotiations lawyer alimony law divorce mediation conciliation med/arb divorce and family law mediators separation Cohabitation divorce and family law Divorce self-adjusting alimony LDRC IRC §2704 special master Baseball Arbitration Massachusetts Alimony Reform Act alimony statute family law arbitrators fraud arbitrators lawyer-attended mediation DOMA The Seven Sins of Alimony divorce litigation alimony orders arbitrator Divorce Agreements Massachusetts alimony Chouteau Levine Levine Dispute Resolution Center Major League Baseball Arbitration lawyers resolve disputes divorce arbitrators health insurance Massachusetts alimony and child support Child Support Guidelines Obamacare mediators