Cote-Whitacre v. Department of Public Health

The plaintiffs seek to enjoin the defendants from enforcing a 1913 Massachusetts law, G.L.c. 207, §11, that has the effect of preventing out-of-state gay couples from manying in Massachusetts. For the reasons set forth below, the plaintiffs’ motion is DENIED.

BACKGROUND

The plaintiffs are eight same-sex couples who live outside Massachusetts and who have been denied the right to marry in the Commonwealth by what the plaintiffs term the defendants’ selective enforcement of a 1913 discriminatory law, G.L.c. 207, §11. Five of the plaintiff couples have already been issued marriage licenses and had…