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


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