In the spring of 2001, seven Massachusetts couples walked up to their city and town clerks and asked for marriage licenses, and every one of them was turned away. One lawsuit, a four-to-three decision, and four years of constitutional conventions later, Massachusetts had become the first state where same-sex couples could legally marry. This is how it happened, room by room, including how the South Coast's own legislators voted.
Opened August 2026 · Expanded September 2026 · Sourced from the court record, the Journals of the General Court, and the public record
Room 0 · Before you enter
A lawsuit made of paperwork and patience
It started with seven marriage license applications and seven refusals.
Marriage equality in the United States began at clerks' counters in Massachusetts, in Orleans and Northampton, Boston, Newton, and Northbridge, over one week in the spring of 2001. It ran through a trial court that said no, a Supreme Judicial Court that said yes by a single vote, and four years of fighting in the State House over whether the answer would stand.
Every claim in these rooms carries a tag. Verified means we read it in a primary source, such as the opinion itself, the printed Journals of the House and Senate, or the lawsuit's own filings, or that two independent sources agree. Corroborated means reputable reporting agrees but we have not seen the original document. Where only one outlet reported something, we name the outlet in the sentence and do not tag it. Where we could not find something, we say so.
A note on the people. The fourteen plaintiffs are named here because they put their names on a public lawsuit, and what we say about them comes from what they told the court in 2001 and what they have said publicly since. The exhibit does not follow their private lives after the case. That part is theirs.
Room I · The road to Massachusetts
Hawaii, Washington, Vermont
Before anyone filed in Massachusetts, the question had been asked in two state courts and answered once by Congress.
Hawaii, 1993. On May 5, 1993, the Hawaii Supreme Court, in Baehr v. Lewin, sent a challenge brought by three same-sex couples back to the trial court, treating the marriage law as a classification based on sex. Verified Hawaii voters answered in November 1998 with a constitutional amendment giving the legislature the power to reserve marriage to different-sex couples, and the case ended there. Corroborated
Washington, 1996. Congress passed the Defense of Marriage Act, and it became law on September 21, 1996. Its Section 3 defined marriage, for every federal purpose, as a union of a man and a woman. Verified
Vermont, 1999. On December 20, 1999, the Vermont Supreme Court held in Baker v. State that the state had to give same-sex couples "the common benefits and protections that flow from marriage," and left the form to the legislature. Vermont answered with civil unions. One of the lawyers for the Vermont couples was Mary Bonauto of Gay & Lesbian Advocates & Defenders, the Boston legal organization now called GLAD Law. Verified Vermont's civil unions took effect July 1, 2000. Corroborated
Why Massachusetts, and why 2001
Bonauto later set down GLAD's reasoning in a 2005 law review essay, and it is the only first-hand account of the strategy we rely on. GLAD decided to ask for marriage itself: "we considered and rejected the idea of litigating for civil unions as opposed to marriage." It trusted the Massachusetts Constitution "as a strong guarantee of individual rights and privacy," and it planned to win on the most forgiving standard a court applies, rational basis. Verified
“We would not have filed the case unless we thought we could win on rational basis.”Mary L. Bonauto, “Goodridge in Context,” Harvard Civil Rights-Civil Liberties Law Review, 2005
There was also a clock. Amending the Massachusetts Constitution takes votes in two separate Legislatures and then a statewide ballot. As Bonauto put it, "We knew we had a window of opportunity." An amendment passed in answer to a win would need years to reach the voters, and in those years couples would be marrying. Verified
Sources: Baehr v. Lewin, 74 Haw. 530 (1993); Public Law 104-199 (1996); Baker v. State, 170 Vt. 194 (1999), including its counsel listing; Mary L. Bonauto, "Goodridge in Context," 40 Harv. C.R.-C.L. L. Rev. 1 (2005), at 24 to 27. The Hawaii amendment and the Vermont effective date come from Ballotpedia, Seven Days, and Bonauto's own notes; we did not read the Hawaii election return or the Vermont act.
Room II · Seven counters
One week in the spring of 2001
Each couple brought the paperwork and the fee to their own clerk. Each was turned away.
Between March 26 and April 2, 2001, the seven couples went to five city and town halls and did what the law asks of anyone who wants to marry. The refusals came from the top: the Department of Public Health, which runs marriage licensing, admitted in court "to a policy and practice of denying marriage licenses to same-sex couples." Verified The couples then described each refusal, under oath, in their complaint. The words below are as the couples swore to them. The clerks are not named in the record, and we do not name them.
The refusals, as sworn in the complaint
March 26Orleans
Gloria Bailey and Linda Davies. Told the Commonwealth does not allow same-sex marriages.
March 26Northampton
Heidi Norton and Gina Smith. Told it was "not allowed in Massachusetts."
March 28Boston City Hall
David Wilson and Robert Compton, the first of three Boston couples at the window that day. Told "the bride and groom must be present."
March 28Boston City Hall
Hillary and Julie Goodridge. A supervisor told them "the law states it has to be a man and a woman."
March 28Boston City Hall
Michael Horgan and Edward Balmelli. Told the applicants had to be a man and a woman.
March 30Newton
Maureen Brodoff and Ellen Wade. Told they were "in the wrong state." The clerk suggested Vermont.
April 2Northbridge
Gary Chalmers and Richard Linnell. "I cannot issue a license under Massachusetts law to the two of you. I feel very badly about it but it's not our law, it's the state's law."
Source: Verified Complaint, Goodridge et al. v. Department of Public Health, Suffolk Superior Court, filed April 11, 2001, paragraphs 122 to 141 (GLAD Law case file). Verified
The Northbridge clerk had it right. The refusals were the state's, and so the lawsuit named the state. On April 11, 2001, GLAD filed Goodridge v. Department of Public Health in Suffolk Superior Court against the Department and its commissioner. The couples asked for one thing: a declaration that shutting them out of civil marriage violated the Massachusetts Constitution. Verified
How were these seven chosen? Bonauto has described it simply. GLAD had heard for years from couples about the problems of having no legally recognized family, and "eventually collected some people who'd been interested." Verified We have found no written selection criteria, and we do not guess at any.
Sources: GLAD Law's Verified Complaint (April 11, 2001) and summary judgment memorandum (August 20, 2001); Goodridge v. Department of Public Health, 440 Mass. 309, at 314 to 315 (2003); Bonauto interview, GBH News, May 16, 2024. The legal team on the filings was Mary L. Bonauto, Jennifer Levi, Gary D. Buseck, Bennett Klein, and Karen Loewy.
Room III · The fourteen
Fourteen people from five counties
The court described them in one sentence. Their complaint took a hundred and forty paragraphs.
From the opinion
“The plaintiffs are fourteen individuals from five Massachusetts counties.”
Goodridge v. Department of Public Health, 440 Mass. 309, at 313 (2003). The five were Suffolk, Middlesex, Worcester, Hampshire, and Barnstable. Verified
Below, each couple as the record described them when the case was filed in 2001: where they lived, how long they had been together, and what they did. Four of the seven couples were raising children. Verified
Hillary & Julie Goodridge
Boston · together 13 years
Hillary worked on grant funding for the Unitarian Universalist Association; Julie ran an investment advisory firm. They had a daughter, five when they filed. Their name went on the case.
Gloria Bailey & Linda Davies
Orleans · together 30 years
Psychotherapists who had built a practice together. At 60 and 55, they were the longest-partnered of the seven. Later known publicly as the Bailey-Davies.
Maureen Brodoff & Ellen Wade
Newton · together 20 years
Both lawyers; they met in law school in 1977. They had a daughter, twelve at filing.
Gary Chalmers & Richard Linnell
Northbridge · together 13 years
Gary taught in the local elementary school; Rich was earning a master's in nursing and teaching it part-time. They had a daughter, eight at filing, and Rich's mother lived with them.
Michael Horgan & Edward Balmelli
Boston · together 7 years
Ed was a computer engineer at Lucent Technologies; Mike was a web developer. Both came from large central Massachusetts families.
Heidi Norton & Gina Smith
Northampton · together 11 years
Heidi worked for a market research firm; Gina in higher education administration. They had two sons, five and one at filing, who already carried the family name Nortonsmith.
David Wilson & Robert Compton
Boston · together 4 years
Both business executives, with grown children and grandchildren from earlier marriages. They had held a commitment ceremony at Arlington Street Church in 2000.
Sources: every detail on these cards comes from GLAD Law's Verified Complaint of April 11, 2001 and its August 2001 summary judgment memorandum, checked against the court's own summary of the plaintiffs, 440 Mass. at 313 to 314. Verified
Room IV · The trial court
“Pursue their quest on Beacon Hill”
The first judge to hear the case ruled against the couples, and told them where to go instead.
The case was decided on the papers, on motions for summary judgment from both sides, by Superior Court Judge Thomas E. Connolly. On May 7, 2002, he ruled for the Department of Public Health. Verified
His reasoning came in three steps. The marriage statute's language showed the Legislature meant a man and a woman. The Massachusetts Declaration of Rights "does not guarantee the fundamental right to marry a person of the same sex." And the state had a rational reason for the line it drew: "the state's interest in regulating marriage is based on the traditional concept that marriage's primary purpose is procreation." Verified
He did not pretend the result was tidy. He acknowledged "the inherent contradiction that the Commonwealth allows same-sex couples to establish legal relationships with their children but not with each other," and said the Legislature, not the courts, should resolve it. Verified
The last line of the ruling
“While this court understands the plaintiffs' efforts to be married, they should pursue their quest on Beacon Hill.”
Goodridge v. Department of Public Health, 14 Mass. L. Rptr. 591, at 599 (Superior Court, May 7, 2002), Connolly, J. Verified
The couples appealed. Both sides asked the Supreme Judicial Court to take the case directly, and it agreed. Verified Beacon Hill would get its turn, but not before the court had spoken.
Sources: the Superior Court memorandum of decision, 14 Mass. L. Rptr. 591 (2002), read in the Caselaw Access Project scan of the printed reporter; 440 Mass. at 315 and 317. The trial court's memorandum spells the lead plaintiff "Hilary"; the Supreme Judicial Court and every later court spell it "Hillary."
Room V · The opinion
November 18, 2003
The state gave three reasons. The court took each one apart.
The Supreme Judicial Court heard argument on March 4, 2003. Mary Bonauto argued for the couples, with Gary Buseck beside her; Assistant Attorney General Judith S. Yogman argued for the Department. Verified Eight and a half months later, Chief Justice Margaret H. Marshall delivered the opinion of the court.
From the opinion
“Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society.”
“The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens.”
440 Mass. 309, at 312 (2003), Marshall, C.J. Verified
The court never had to decide whether the marriage ban deserved the strictest scrutiny. It failed the easiest test first: "Because the statute does not survive rational basis review, we do not consider the plaintiffs' arguments that this case merits strict judicial scrutiny." That was exactly the ground GLAD had chosen to fight on. Verified
The three reasons, and the answers
One: marriage exists for procreation. The court said the trial judge's holding on this point was incorrect. "Fertility is not a condition of marriage, nor is it grounds for divorce. People who cannot stir from their deathbed may marry." It is "the exclusive and permanent commitment of the marriage partners to one another, not the begetting of children, that is the sine qua non of civil marriage." Verified
Two: children do best with a mother and a father. The Department offered no evidence that banning these marriages would produce more of the other kind, and it "readily concedes that people in same-sex couples may be 'excellent' parents." The court's answer: "It cannot be rational under our laws, and indeed it is not permitted, to penalize children by depriving them of State benefits because the State disapproves of their parents' sexual orientation." Verified
Three: saving scarce state and private money. "An absolute statutory ban on same-sex marriage bears no rational relationship to the goal of economy." Many of these couples, the court noted, were caring for children and aging parents. Verified
“The marriage ban works a deep and scarring hardship on a very real segment of the community for no rational reason.”440 Mass. at 341
The remedy, in the court's own words
The court's remedy was a new definition of the word at common law, following the approach Ontario's Court of Appeal had taken earlier that year: "We construe civil marriage to mean the voluntary union of two persons as spouses, to the exclusion of all others." Then it gave the Legislature time: "Entry of judgment shall be stayed for 180 days to permit the Legislature to take such action as it may deem appropriate in light of this opinion." Verified
Sources: Goodridge v. Department of Public Health, 440 Mass. 309 (2003), at 312, 331 to 336, and 341 to 344, read in full in the Caselaw Access Project scan of the Massachusetts Reports; every quotation in this room was checked word for word against that text. Summaries often say the court "reformulated the common-law definition"; that phrase is the court reporter's headnote, and the words above are the court's.
Room VI · The court divided
Four to three
One vote was the whole margin. The dissents deserve a fair hearing, in their own words.
Chief Justice Marshall's opinion was joined by Justices Roderick Ireland and Judith Cowin. The fourth vote came from Justice John Greaney, who agreed with the result and the remedy but reached them by a different road. Justices Francis Spina, Martha Sosman, and Robert Cordy dissented, and each joined the others' dissents. Verified
The concurrence
Justice Greaney saw discrimination because of sex, under the Commonwealth's Equal Rights Amendment. "Stated in particular terms, Hillary Goodridge cannot marry Julie Goodridge because she (Hillary) is a woman. Likewise, Gary Chalmers cannot marry Richard Linnell because he (Gary) is a man." Verified
“Simple principles of decency dictate that we extend to the plaintiffs, and to their new status, full acceptance, tolerance, and respect. We should do so because it is the right thing to do.”Greaney, J., concurring, 440 Mass. at 349
The dissents
Justice Spina argued the court had crossed the separation of powers: "Today, the court has transformed its role as protector of individual rights into the role of creator of rights, and I respectfully dissent." Verified
Justice Sosman argued the majority had misapplied its own test: "To reach the result it does, the court has tortured the rational basis test beyond recognition." Verified
Justice Cordy wrote the longest dissent. "Although it may be desirable for many reasons to extend to same-sex couples the benefits and burdens of civil marriage (and the plaintiffs have made a powerfully reasoned case for that extension), that decision must be made by the Legislature, not the court." And: "So long as the question is at all debatable, it must be the Legislature that decides." Verified
The dissenters' question, who decides, is the question the next four years were fought over.
The Chief Justice
Margaret H. Marshall was born in South Africa in 1944 and was a leader of the National Union of South African Students, part of the student opposition to apartheid, before coming to Harvard on a scholarship. Corroborated After Yale Law School, years in private practice, and service as Harvard's general counsel, she was appointed to the Supreme Judicial Court in 1996 by Governor William Weld and named Chief Justice in 1999 by Governor Paul Cellucci, both Republicans. She was the first woman to lead the court. Verified Looking back in 2024, she told WBUR: "This is a civil right. It's not a religious right."
Sources: 440 Mass. 309, head matter and at 344 to 395; the Boston Bar Association (2025), the Harvard Crimson (1996 and 1999), and the Harvard Graduate School of Education (2013) for Chief Justice Marshall's biography; WBUR, May 28, 2024, for her remark.
Room VII · The stay
One hundred eighty days
The Senate asked whether civil unions would do. The court said no. Then opponents tried to stop the clock.
"Separate is seldom, if ever, equal"
On December 11, 2003, the state Senate put a formal question to the justices: would a bill creating civil unions, with every state benefit of marriage but not the name, satisfy the constitution? The bill was Senate No. 2175. Verified The justices' answer is dated February 3, 2004 and was released the next day. It was no, again by four to three. Verified
From the advisory opinion
“The history of our nation has demonstrated that separate is seldom, if ever, equal.”
“The dissimilitude between the terms ‘civil marriage’ and ‘civil union’ is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status.”
Opinions of the Justices to the Senate, 440 Mass. 1201, at 1206 to 1207 (2004). Verified
Justice Sosman, dissenting, saw only "a squabble over the name to be used," and wrote: "As a result, we have a pitched battle over who gets to use the 'm' word." Verified
The constitutional conventions of 2004
The Legislature met as a constitutional convention on February 11 and 12, March 11, and March 29, 2004. The printed Journal records every roll call by name. Verified
The 2004 votes, from the Journal
Feb. 1198 to 100
House Speaker Thomas Finneran's amendment fails by two votes.
Feb. 1194 to 104
The Senate leadership's version, from Senate President Robert Travaglini and Minority Leader Brian Lees, fails.
Feb. 1294 to 103
Rep. Philip Travis of Rehoboth offers a ban with no civil unions. It fails.
March 11129 to 69
A leadership compromise, ban marriage and create civil unions, is adopted as an amendment.
March 29105 to 92
The Travaglini-Lees amendment passes the first of the two Legislatures it needs. The earliest it could reach voters is November 2006.
Journal of the Senate, 2004 (Joint Sessions of February 11 and 12, March 11, and March 29), State Library of Massachusetts. Verified The Boston Globe explained that year's shifting votes plainly: "Some legislators changed their votes for strategic reasons."
Trying to stop May 17
No amendment could touch the stay. Governor Mitt Romney asked Attorney General Thomas Reilly to seek a delay from the court, and Reilly refused. Corroborated Romney said he had filed emergency legislation to let him seek one himself; it went nowhere. Verified
Opponents went to federal court. In Largess v. Supreme Judicial Court, a group including eleven state legislators argued that the court had taken away the people's republican form of government. The federal district court turned them down on May 13, 2004, and the First Circuit refused to intervene on May 14. That same Friday, the Supreme Court of the United States answered in one line: "Application for injunction pending appeal, presented to Justice Souter, and by him referred to the Court, denied." Verified
Sources: Opinions of the Justices to the Senate, 440 Mass. 1201 (2004); the Journals of the Senate for 2004, digitized by the State Library of Massachusetts; Governor Romney's letter of April 29, 2004 (State Library); Largess v. Supreme Judicial Court, 317 F. Supp. 2d 77 (D. Mass. 2004), 373 F.3d 219 (1st Cir. 2004), and 541 U.S. 1038 (2004). The Reilly refusal rests on Bonauto's 2005 account, which cites the Boston Globe of March 30, 2004, and on the Boston Pilot of May 7, 2004. This room used to say the answer came February 4; that is the day it was released, and we have corrected it.
Room VIII · The morning
May 17, 2004
Cambridge opened its doors at midnight. By the end of the day, couples were marrying from Boston to Cape Cod.
The court's stay ran out on Monday, May 17, 2004, and judgment was entered in the Superior Court that day. Verified
Cambridge City Hall, just after midnight
Cambridge chose not to wait for business hours. City Clerk D. Margaret Drury began taking marriage applications minutes after midnight, while thousands of people filled the lawn and the street. The first couple to begin an application were Marcia Hams and her partner, both of Cambridge, who had waited outside in lawn chairs. Verified "People do this for Red Sox tickets and concert tickets," Hams told the Associated Press. "Certainly we can do it for this."
Later that morning, with a judge's waiver of the usual three-day wait, Drury married Marcia Kadish and Tanya McCloskey of Malden, together eighteen years. Verified NPR and PBS, among others, report them as the first legally married same-sex couple in the United States. Corroborated "We felt we were married already," Kadish told NPR in 2019. "This was just making it legal."
The seven couples
The plaintiffs spent the day at their own city halls. Where we could confirm it, this is where they married:
Hillary and Julie Goodridge applied at Boston City Hall, where Mayor Thomas Menino greeted them, and married that day in the chapel at the Unitarian Universalist Association on Beacon Hill, with the Rev. William Sinkford officiating. Verified
David Wilson and Robert Compton married at Arlington Street Church in Boston, the Rev. Kim Crawford Harvie officiating. Verified
Gloria Bailey and Linda Davies married on Nauset Beach, on the Cape, the Rev. Mykel Johnson officiating. Corroborated
Maureen Brodoff and Ellen Wade married in Newton, in Mayor David Cohen's office, according to the Boston Globe. "It turned out to be a Newton-wide celebration in a certain sense," Wade recalled in 2024.
Gary Chalmers and Richard Linnell married that day. Corroborated Worcester's city clerk later recalled them as the first couple at his window.
For Michael Horgan and Edward Balmelli, and for the exact date of Heidi Norton and Gina Smith's wedding in Northampton, the sources we reached either disagree or say nothing, and we leave those lines open.
It was not a quiet day. At Boston City Hall, police led Mary Bonauto through crowds of supporters and opponents, and sharpshooters were posted on the roof. Corroborated A small group of protesters, most from the Westboro Baptist Church in Kansas, stood outside Cambridge City Hall. Corroborated A spokesman for the Massachusetts Family Institute, which opposed the marriages, told PBS NewsHour that day: "What's going on down there is legal, and as far as I'm concerned, give those people their happiness for the day."
“And that's when we realized, that day wasn't about us. This really was for thousands and thousands of people.”Robert Compton, StoryCorps, NPR, May 17, 2019
What the record shows
“yes”
The photographs of that morning, the lines, the confetti, the couples on the steps, belong to the news agencies that made them. What belongs to everyone is the word the Commonwealth finally said.
How many? The Associated Press reported that more than 1,000 couples sought marriage license applications on the first day. By the first anniversary, statewide figures showed more than 6,100 same-sex couples had married in Massachusetts. Corroborated
Sources: Doyle v. Goodridge, 444 Mass. 1006 (2005), for the entry of judgment; PBS NewsHour, May 17 and 21, 2004; NPR, May 15, 2014 and May 17, 2019; WBUR's photo archive of May 17, 2024 (Getty Images and AP captions); UU World, May 8, 2024; the Boston Globe, May 14 and 16, 2024; the Cape Cod Chronicle, June 13, 2025; the AP via the BYU Daily Universe and CBS News, May 2004; NPR, May 17, 2005, and the AP, June 9, 2015, for the first-year count. Crowd estimates in Cambridge run from about 5,000 to about 10,000, and counts of the night's applications from 227 to more than 260. The sources disagree, so we print none of them. We found no Department of Public Health table for the first day, and we have not invented one.
Room IX · The 1913 law
The asterisk
For four years, the right to marry in Massachusetts stopped at the state line.
A Massachusetts law from 1913 said that no one living in another state could marry here if the marriage would be void back home. Before May 17, Governor Romney announced he would enforce it. On April 29, 2004, he wrote to the governors and attorneys general of the other states. Verified
From the Governor's letter, April 29, 2004
“Unless we receive an authoritative statement to the contrary from either you or your representative, the Commonwealth of Massachusetts will not issue a Massachusetts marriage license to same-sex couples from your state.”
Letter of Governor Mitt Romney, April 29, 2004, State Library of Massachusetts. In the same letter: “I believe that matters of such fundamental significance to society as the definition of marriage belong in the hands of the people.” Verified
Some local officials refused. Provincetown, Somerville, Springfield, and Worcester licensed couples from out of state in the first days, until the Attorney General ordered them to stop, and they complied. Corroborated Somerville's mayor, Joe Curtatone, told PBS NewsHour at the time: "Same-sex couples will not be treated any differently in Somerville than heterosexual couples are treated."
GLAD challenged the law for out-of-state couples. In Cote-Whitacre v. Department of Public Health, decided March 30, 2006, the Supreme Judicial Court let it stand against couples from states that expressly barred such marriages. Corroborated
The Legislature ended it in the summer of 2008. The Senate passed the repeal on July 15 without a roll call; the House passed it on July 29, 119 to 36; both chambers then voted to make it take effect at once. Verified Governor Deval Patrick signed it on July 31, 2008, as Chapter 216 of the Acts of 2008. Verified The asterisk came off.
Sources: Romney letter of April 29, 2004 (State Library of Massachusetts, handle 2452/46915); PBS NewsHour, May 17 and 21, 2004; the Associated Press, 2004; GLAD Law's case page for Cote-Whitacre, 446 Mass. 350 (2006), whose opinion we have not read in full; the Journals of the House and Senate, July 2008; Acts of 2008, Chapter 216; the AP, July 29 and 31, 2008. The AP reported the House vote as 118 to 35; we use the count printed in the House Journal.
Room X · 2005 to 2007
Settled on Beacon Hill
The trial judge had told the couples to take their quest to Beacon Hill. In the end, Beacon Hill agreed with them.
September 14, 2005: the compromise dies
The Travaglini-Lees amendment needed a second Legislature. When the convention voted on it on September 14, 2005, it lost 39 to 157. Only two senators voted for it, one of them Travaglini himself. Its co-author, Brian Lees, voted no. Verified Some members who had backed it in 2004 now opposed it because it created civil unions. Others had watched a year and a half of marriages and changed their minds.
“Having keenly observed these events over the past year and a half; having seen the joy on the faces of those who have married their long-time partners; having heard the stories of families made whole; and having witnessed the power of our nation's oldest Constitution in action, I cannot again vote to support this measure.”Rep. Thomas P. Kennedy of Brockton, who had voted for the amendment in 2004. His statement was printed in the Journal of the Joint Session, September 14, 2005
The citizen initiative
Opponents turned to the other route the constitution allows: a citizen petition, which needs only one-fourth of the Legislature, 50 of its 200 members, in two successive sessions. The new amendment had no civil unions in it. The state certified more than 123,000 signatures. Corroborated On January 2, 2007, in the last days of the old Legislature, it got 62 votes, twelve more than it needed. The tally was 62 to 134. Verified
Governor Deval Patrick and House Speaker Salvatore DiMasi worked to turn votes before the second round. Corroborated On June 14, 2007, Senate President Therese Murray opened the convention and called the question without debate. The vote was called at 1:09 p.m. The result was 45 to 151, five short of the fifty it needed. The convention adjourned at 1:17 p.m. Verified
Compare the two roll calls name by name and nine members who voted yes in January voted no in June. The rest of the drop came from turnover in the new Legislature. Verified
Both sides spoke that afternoon. Governor Patrick told the Associated Press, "In Massachusetts today, the freedom to marry is secure." Kris Mineau of the Massachusetts Family Institute, which led the petition drive, told the AP: "This will not go away until the citizens have their opportunity to decide what the definition of marriage is."
Sources: Journal of the Senate, Joint Sessions of September 14, 2005, January 2, 2007, and June 14, 2007 (State Library of Massachusetts); the State House News Service roll call of June 14, 2007, used to cross-check the Journal; The Pilot, December 23, 2005, and the AP, June 14, 2007, for the signature count; the AP, May 12 and June 14, 2007. Some 2004 coverage said a two-thirds vote was required. That was wrong, and we do not repeat it.
Room XI · Here
The South Coast on the record
None of the seven couples lived here. But the South Coast's legislators voted on every one of these questions, and their votes are in the Journal.
We have found nothing tying any Goodridge plaintiff to the South Coast. What the South Coast did have was a delegation in the State House. Below are the votes of every legislator who represented New Bedford, Fall River, Taunton, and the towns around them on the four roll calls that settled the matter. We report the votes, not the reasons, and we will not guess at anyone's.
Only two South Coast members explained themselves in anything we could find, both in one report of the February 2004 convention published by The Advocate. Sen. Mark Montigny of New Bedford, who voted against it on the final 2004 vote: "As a Catholic, I would never vote to diminish the sanctity of the church sacrament of marriage. As a human being, I will never vote to deny someone their equal rights. It is my belief that the only requirement of civil marriage is enduring love and respect." Rep. Mark Howland of Freetown, who voted for it, described answering to the voters: "Monday through Saturday I'm at the will of the voters."
How the South Coast delegation voted
Member and seat
Mar. 29, 2004 Ban plus civil unions (passed 105-92)
Sept. 14, 2005 Same, second round (failed 39-157)
June 14, 2007 Citizen ban (failed 45-151)
July 29, 2008 Repeal 1913 law (passed 119-36)
Sen. Mark C. MontignyNew Bedford, Acushnet, Dartmouth, Fairhaven, Mattapoisett
No
No
No
No roll call
Sen. Joan M. MenardFall River, Freetown, Somerset, Swansea, Westport, Lakeville, Rochester
Yes
No
No
No roll call
Sen. Marc R. PachecoTaunton, Berkley, Dighton, Raynham, Marion, Wareham, and towns beyond the South Coast
Yes
No
No
No roll call
Sen. Jo Ann SpragueBristol and Norfolk, to 2004: Rehoboth, Seekonk, and towns beyond the South Coast
No
Not seated
Not seated
Not seated
Sen. James E. TimiltyBristol and Norfolk, from 2005
Not seated
No
No
No roll call
Rep. Antonio F. D. Cabral13th Bristol: New Bedford
No
No
No
Yes
Rep. Robert M. Koczera11th Bristol: Acushnet, New Bedford
Yes
Yes
No
Yes
Rep. John F. Quinn9th Bristol: Dartmouth, parts of New Bedford, Freetown, Lakeville
Yes
Yes
No
Yes
Rep. William M. Straus10th Bristol: Fairhaven, Marion, Mattapoisett, Rochester
Yes
No
No
Yes
Rep. Michael J. Rodrigues8th Bristol: Westport, part of Fall River
Yes
No
No
Yes
Rep. David B. Sullivan6th Bristol: Berkley, parts of Fall River, Freetown
No
No
No
Yes
Rep. Patricia A. Haddad5th Bristol: Dighton, Somerset, parts of Swansea, Taunton
No
No
No
Yes
Rep. Robert Correia7th Bristol: Fall River
Yes
No
Yes
Not seated
Rep. Kevin Aguiar7th Bristol: Fall River, from 2008
Not seated
Not seated
Not seated
Yes
Rep. James H. Fagan3rd Bristol: Taunton
Yes
Yes
Yes
No
Rep. Mark A. Howland12th Bristol, to 2004: parts of Freetown, New Bedford, Taunton, Lakeville
Yes
Not seated
Not seated
Not seated
Rep. Stephen R. Canessa12th Bristol, from 2005
Not seated
No
No
Yes
Rep. Philip Travis4th Bristol, to 2006: Rehoboth, Seekonk, most of Swansea
Yes
No
Not seated
Not seated
Rep. Steven J. D'Amico4th Bristol, from 2007
Not seated
Not seated
No
Yes
Rep. Susan Williams Gifford2nd Plymouth: Wareham, Carver, part of Bourne
Yes
Yes
Yes
No
Rep. David L. Flynn8th Plymouth: Raynham, Bridgewater, part of Easton
Yes
No
Yes
No
In the first three columns, Yes is a vote to advance an amendment ending same-sex marriage; in the last, Yes is a vote for repeal. The 2004 and 2005 votes were on one amendment, which paired a ban with civil unions; the 2007 vote was on a different amendment, a ban with no civil unions, so a change between them is not necessarily a change of mind. The Senate passed the 2008 repeal without a roll call. Sources: the Journals of the Senate and House, 2004 to 2008, and the House Yea and Nay Supplement, 2007 to 2008, read name by name; district maps from the Manual for the General Court. Verified
Read plainly: on the 2004 vote, twelve of the seventeen South Coast members then seated voted yes and five voted no. By September 2005, thirteen of seventeen voted no. In June 2007, thirteen of seventeen voted no again, and no South Coast member was among the nine who switched between January and June. In 2008, every South Coast representative but three voted to open marriage to couples from other states. Verified One caution the Globe gave in 2004 applies here too: some members voted strategically, supporting one measure to block a worse one. A single vote is not a verdict on a person.
What we could not establish, and are still looking for
Which South Coast city and town clerks issued the first licenses to same-sex couples in May 2004, and how many. The Standard-Times and Herald News archives for that week were not reachable online. The answer is on microfilm at the New Bedford, Fall River, and Taunton public libraries, and in the clerks' own 2004 counts.
What local officials, clergy, and editorial pages said about the ruling and the first marriages here.
The first same-sex couples married on the South Coast, and what that morning was like here. This room holds a place open for first-hand accounts, which will be credited as testimony. Open
Sources: the Journals of the Senate (Joint Sessions of March 29, 2004, September 14, 2005, and June 14, 2007) and of the House (July 29, 2008, Yea and Nay No. 462), State Library of Massachusetts; the State House News Service roll call of June 14, 2007; the Manual for the General Court, 2003 to 2004 and 2007 to 2008; the Boston Globe, March 2004; The Advocate, February 12, 2004, for both quotations.
Room XII · After
What it held
Massachusetts went first, and eleven years later the country followed a path that ran through Boston.
6,100+
same-sex couples married in Massachusetts in the first year
Statewide figures reported by NPR, May 2005, and the AP, 2015. Corroborated
25,785
same-sex couples married in Massachusetts from May 2004 through 2013
Associated Press review of state records, June 2015.
2
times Justice Kennedy's Obergefell majority names Goodridge in its text, once for history and once quoted for its principle
Obergefell v. Hodges, 576 U.S. 644 (2015); it is listed again in the opinion's appendix. Verified
Massachusetts takes on the federal law
Under Section 3 of the Defense of Marriage Act, married couples in Massachusetts were still strangers to the federal government. GLAD sued on March 3, 2009, in Gill v. Office of Personnel Management, for married couples and surviving spouses, and the Commonwealth brought its own suit. Corroborated On May 31, 2012, the First Circuit, sitting in Boston, held Section 3 unconstitutional on equal protection grounds. Mary Bonauto and Gary Buseck were counsel for the couples; Assistant Attorney General Maura T. Healey was counsel for the Commonwealth. Verified
“Congress' effort to put a thumb on the scales and influence a state's decision as to how to shape its own marriage laws does bear on how the justifications are assessed.”Massachusetts v. U.S. Department of Health and Human Services, 682 F.3d 1 (1st Cir. 2012), Boudin, J.
A year later, in United States v. Windsor (June 26, 2013), the Supreme Court struck down Section 3, and Justice Kennedy's majority borrowed the First Circuit's phrase: the congressional goal was "to put a thumb on the scales." Verified
Obergefell
On April 28, 2015, Mary Bonauto stood before the Supreme Court and argued the first question in Obergefell v. Hodges: whether the Fourteenth Amendment requires every state to license marriages between two people of the same sex. Verified On June 26, 2015, the Court said it does. Justice Kennedy's opinion names Goodridge in its history of the question, then quotes it for its first principle, that the choice of whom to marry belongs to the individual. Verified
Goodridge, quoted by the Supreme Court
“Because it fulfils yearnings for security, safe haven, and connection that express our common humanity, civil marriage is an esteemed institution, and the decision whether and whom to marry is among life's momentous acts of self-definition.”
440 Mass. at 322, quoted in Obergefell v. Hodges, 576 U.S. 644 (2015). The spelling “fulfils” is the court's own. Verified
The dissenters noticed it too. Chief Justice Roberts, Justice Scalia, and Justice Alito each point to Massachusetts in 2003 as the place it started. Verified The museum tells the national story in full in One Day in June.
2022
On December 13, 2022, the Respect for Marriage Act became law. It repealed what remained of the 1996 act and requires the federal government, and every state, to recognize a marriage validly made in another state. It does not require any state to issue licenses; that protection still rests on Obergefell. Verified Heidi and Gina Nortonsmith, plaintiffs in Goodridge, attended the signing at the White House. Corroborated
Massachusetts went first. The marriages performed that May morning are still standing.
Sources: the First Circuit's opinion, 682 F.3d 1 (2012), read in full; United States v. Windsor, 570 U.S. 744 (2013); Obergefell v. Hodges, 576 U.S. 644 (2015), including its appendices and the dissents; the Obergefell argument transcript, April 28, 2015; Public Law 117-228 (2022); GLAD Law's case pages and its October 2023 anniversary materials; the Daily Hampshire Gazette, May 16, 2024; NPR, May 17, 2005; the AP via CBS Boston, June 9, 2015. We have not placed a claim about Massachusetts divorce rates here, because the most-cited study of same-sex divorce did not use Massachusetts data.
Sources & honesty
What this exhibit rests on
Court opinions, the printed Journals of the Legislature, the couples' own sworn complaint, and reporting we name.
Primary records read in full for this exhibit. Goodridge v. Department of Public Health, 440 Mass. 309 (2003), with the concurrence and all three dissents; the Superior Court's memorandum, 14 Mass. L. Rptr. 591 (2002); Opinions of the Justices to the Senate, 440 Mass. 1201 (2004); GLAD Law's Verified Complaint (April 11, 2001) and summary judgment memorandum (August 20, 2001); the Journals of the Senate and House, 2004 to 2008, digitized by the State Library of Massachusetts, including every roll call cited here; Governor Romney's letter of April 29, 2004; the Largess decisions (2004); Doyle v. Goodridge (2005); Baehr v. Lewin (1993) and Baker v. State (1999); the First Circuit's 2012 opinion; Windsor (2013) and Obergefell (2015); and Public Law 117-228 (2022). The court opinions were read in the Caselaw Access Project's scans of the printed official reports.
First-hand accounts. Mary L. Bonauto, "Goodridge in Context," 40 Harvard Civil Rights-Civil Liberties Law Review 1 (2005), for GLAD's strategy; interviews with Bonauto, Chief Justice Marshall, and several plaintiffs in NPR, WBUR, GBH, the Boston Globe, the Daily Hampshire Gazette, and the Cape Cod Chronicle, each named where used.
Reporting. PBS NewsHour, NPR, the Associated Press, CBS News, the Boston Globe, UU World, The Pilot, and the State House News Service, each named where used.
Corrections we made while expanding this exhibit. The advisory opinion on civil unions is dated February 3, 2004 and was released February 4; this exhibit used to give only the release date. Where sources disagree, on crowd sizes, on application counts, on one couple's wedding date, we have said so and printed none of the competing numbers.
What we chose not to include. The later private lives of the plaintiffs, including separations, illnesses, and deaths, even where they were reported. The names of private couples who appeared in local papers, unless they spoke publicly in their own names. Any claim about the motives of individual legislators that they did not state themselves.
Every claim in these rooms carries a confidence tag, and the panel beside the exhibit counts them. The full research record, with every citation and every open question, is held by the museum.