Civil Marriage | Civil Right - The Issue: SENATE, No. 2176

SENATE, No. 2176
Senate, December 11, 2003 -- Offered by Senator Steven A. Tolman

Whereas, there is pending before the Senate a bill, printed as Senate, No. 2175, entitled "An Act relative to civil unions" ("the bill"), a copy of which is attached to this order; and

Whereas, the bill inserts a new chapter 207A in the General Laws, providing that eligible same-sex couples may form civil unions with all "benefits, protections, rights and responsibilities" of marriage, but may not enter into a marriage; and

Whereas, on November 18, 2003, the Supreme Judicial Court, in the case of Goodridge v. Department of Public Health, declared that statutes may not bar same-sex couples from "the protections, benefits, and obligations of civil marriage" but delayed entry of judgment for 180 days "to permit the Legislature to take such action as it may deem appropriate in light of this opinion"; and

Whereas, grave doubt exists whether the bill, if enacted, would violate the equal protection and due process requirements of the Constitution of the Commonwealth and articles 1, 6, 7, 10, 12 and 16 of the Declaration of Rights; therefore be it

Ordered, that the opinions of the Honorable Justices of the Supreme Judicial Court be required on the following important question of law:

Does Senate, No. 2175, which prohibits same-sex couples from entering into marriage but allows them to form civil unions with all "benefits, protections, rights and responsibilities" of marriage, comply with the equal protection and due process requirements of the Constitution of the Commonwealth and articles 1, 6, 7, 10, 12 and 16 of the Declaration of Rights?