Goodridge v. Department of Public Health
Supreme Judicial Court of Massachusetts, 2003
798 N.E.2d 941
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Brief Fact Summary
Petiioners challenged the validity of the Massachusetts department of health to bar same-sex marriages by attempting to secure marriage licenses for which they were denied.
Rule of Law and Holding
The marriage ban works a deep and scarring hardship on a very real segment of the community for no rational reason. The absence of any reasonable relationship between, on the one hand, an absolute disqualification of same-sex couples who wish to enter into civil marriage and, on the other, protection of public health, safety, or general welfare, suggests that the marriage restriction is rooted in persistent prejudices against persons who are (or who are believed to be) homosexual. The marriage ban is consequently unconstitutional.
Topics
Marital Interests
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Property
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Dukeminier, Krier, Alexander, Schill
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- Property
- Dukeminier, Krier, Alexander, Schill
- 6th Edition
Coming Soon
Click here if you would like to receive an email when this case becomes available.