781.708.4445

wmlevine@levinedisputeresolution.com

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


tags

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