Will Massachusetts Recognize Same-Sex Couples Married in Canada?
Answered by Lara Schwartz, senior counsel for the Human Rights Campaign Dec. 15, 2003
Q: Dear Lara,
My partner and I got married in July in Canada. Will we be considered married in Massachusetts when the ruling of the state court takes effect in May 2004? How will this affect the recognition of our marriage in the rest of the United States?
Please help us understand this better.
Thanks!
Kirt
A: Dear Kirt,
First of all, congratulations on your marriage.
As you know, on Nov. 18, the Supreme Judicial Court of Massachusetts ruled in Goodridge v. Department of Public Health that same-sex couples have the same right to civil marriage that opposite-sex couples enjoy. The decision means not only that Massachusetts will issue marriage licenses to same-sex couples, but also that it must treat all marriages celebrated elsewhere the same, regardless of whether the couple is lesbian, gay or heterosexual. That said, please note that the court stayed its opinion for 180 days. As of May 17, 2004, Massachusetts will issue marriage licenses to same-sex couples and will recognize same-sex marriages celebrated elsewhere (Canada, Belgium, and the Netherlands). Due to a federal law called the Defense of Marriage Act (DOMA), the federal government will still discriminate against your marriage in over 1,000 ways, including Social Security survivor’s benefits, family and medical leave, taxation and many others. [See Federal Benefits]
If you do not live in Massachusetts, the legal status of your marriage is less clear. Thirty-seven states have enacted so-called mini-DOMAs, indicating that they will not recognize same-sex marriages celebrated in other states. [See a map of states with mini-DOMAs]. It is also unclear how the other 13 states will treat your marriage. We suspect that the responses by various states and state agencies in these states will vary.
Finally, it is important to mention that a coalition of anti-gay groups is encouraging the U.S. Congress to pass, and the states to ratify, a constitutional amendment that would ban all same-sex unions in Massachusetts and in the rest of the county. It is important to fight against this effort, which would harm so many LGBT families and the country itself. For more information about the amendment and what you can do to stop it, see the Marriage Center.