Legal Opinion · Concurrence

Cote-Whitacre v. Department of Public Health

Massachusetts Supreme Judicial Court

Decided March 30, 2006Published

1ConcurrenceSpina, J.

(concurring, with whom Cowin and Sosman, JJ., join). In these companion cases, eight nonresident same-sex couples1 (couples) and thirteen municipal clerks (clerks) (collectively, plaintiffs) have challenged the constitutionality of G. L. c. 207, §§ 11 and 12, as well as the interpretation and enforcement of these statutory provisions to prohibit the issuance of Massachusetts marriage licenses to nonresident same-sex couples. The backdrop for their challenges is our decision in Goodridge v. Department of Pub. Health, 440 Mass. 309 (2003). A judge in the Superior Court denied the plaintiffs’…

2Cases cited94 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Washington v. GlucksbergSupreme Court of the United States · 1997
  4. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  5. Palko v. ConnecticutSupreme Court of the United States · 1937

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