A.
Same-Sex Marriage in Massachusetts
In November 2003, the Massachusetts Supreme Court ruled that the state's ban on same-sex marriage violated the state constitution and that civil marriage licenses must be made available to same-sex couples. The ruling took effect on May 27, 2004, when city and town clerks in Massachusetts began issuing marriage licenses to qualified applicants regardless of sex. In the two-and-a-half years that the law has been in effect, more than 7,300 same-sex couples have married. (Forty-five divorces have also been reported.)
While efforts to turn back time are continuing, as yet the opponents of same-sex marriage have not managed to get a vote on a proposed constitutional amendment to ban it. In late 2006 the Massachusetts Supreme Court declined to order the legislature to take such a vote.
Requirements for a Marriage License
To get a marriage license in Massachusetts, you must be 18 or older, not married to anyone else, not related by blood to your intended spouse, and have taken a blood test showing that you do not have communicable syphilis. In addition, you must be a Masschusetts resident unless you live in a state that would recognize your Massachusetts marriage -- at this point, 40 states have DOMA laws, so that's only a handful. This requirement is based on an old law that same-sex marriage opponents dusted off in order to prevent couples from other states from flocking to Massachusetts to marry. (There is also a residency requirement to divorce in Massachusetts -- see below.) Rhode Island is so far the only state to issue a legal opinion stating that same-sex Rhode Island couples may marry in Massachusetts, because nothing in the state's own law would prohibit same-sex marriage.
Rights and Responsibilities
Once married in Massachusetts, same-sex couples have all the rights and responsibilities granted to all married couples in the state. But the federal government continues to refuse to acknowledge same-sex marriages, so the federal benefits of marriage are still unavailable.
The ramifications of the Massachusetts ruling are enormous, and will continue to affect couples for many years. Undoubtedly, some married couples will move from Massachusetts for work or personal reasons, and attempt to enforce their marriage in their new home state. This raises the constitutional issue of "full faith and credit." The United States Constitution says that marriages in one state must be recognized (given full faith and credit) by all other states. At the same time, the federal DOMA says that same-sex marriages in one state do not have to be recognized in other states. Many states have passed their own DOMAs banning recognition of same-sex marriages from out of state. And a depressing number of states have passed constitutional amendments prohibiting the state from recognizing same-sex relationships of any kind from other states.
Ending a Massachusetts Marriage
Another important issue is how couples married in Massachusetts can end their relationships if they no longer live there. The only way to end a marriage is through divorce, and because some states will not recognize a Massachusetts marriage, it may be difficult to get a court to grant a divorce in another state. And lest you think you can just return to Massachusetts to get a divorce, be aware that Massachusetts, like most states, has a residency requirement for divorce. Before you can even file for divorce there, you must have lived in the state for at least a year. After filing it takes at least six months and probably longer for a divorce to become final.
The divorce question also turns on the issue of recognition, and as noted above, that issue will be litigated over time. There are really no answers to these questions as yet -- but see below for ways that you can keep up to date on what is happening in this quickly changing area of the law.
| Relationship Recognition in the Workplace |
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Marriage in Massachusetts raises a whole set of issues for employers and employees. Pension and retirement benefits are generally governed by federal law, but employers sometimes have to look to state rules to make decisions about benefits. Massachusetts employers are required to offer non-federal benefits for all married couples, whether they are of the same or opposite sex.
The conflict between Massachusetts's marriage law and the federal Defense of Marriage Act will undoubtedly lead to litigation before too long, as will the refusal of some employers to provide marital benefits to the same-sex spouses of Massachusetts employees. (A recent survey indicated that while the majority of Massachusetts employers already provide health benefits to same-sex partners and will continue to do so, only about 35% intend to provide retirement benefits equivalent to those provided to opposite-sex spouses, despite the new marital rights that those employees enjoy.)
Employee benefits can be complex, and there's no way for us to cover all the possible issues that might arise in the workplace. If you have problems with your employer recognizing your relationship, contact a local attorney, the Human Rights Campaign at www.hrc.org, or Gay & Lesbian Advocates & Defenders, at www.glad.org.
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 Don't be a bigamist. If you have a civil union in Vermont or New Jersey, are registered as domestic partners in California, Connecticut, or Maine, or have been married in Canada, check with a lawyer before trying to get married again in Massachusetts -- to the same person or to someone else. If you have a Canadian marriage certificate, you are legally married and any marriage you enter into later will probably be considered invalid. If you have a Vermont or New Jersey civil union or a California or Connecticut domestic partnership, you have a legal status that is equivalent to marriage and you may also be guilty of bigamy if you marry someone else while the other legal relationship is still intact. It's unclear what the legal consequences might be of marrying the same person with whom you have the previous marriage, domestic partnership, or civil union. At best, it won't matter. At worst, you could find yourself in a complicated fight if you and your partner separate and end up in a dispute about which relationship is valid and which state's laws you'll use to end your relationship.
 Chapter 3 has information about tax filing status if you are legally married, and also addresses other practical issues about recognition of your marriage. Chapter 5 explains the effect of marriage on your status as parents, if you have kids.
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