Margaret Marshall, who delivered the opinion in Goodridge v. Department of Public Health, 798 N.E.2d 941, has announced that she will be stepping down from her post on the Court. Unfortunately, Justice Marshall’s husband has been diagnosed with Parkinson’s disease and she will be stepping down to care for him.
Justice Marshall will be well remembered for the Goodridge decision which was a State and National landmark decision. Writing for the majority, Chief Justice Marshall said that the State may not “deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry.” In so ruling she also stated that “The right to marry is not a privilege conferred by the State, but a fundamental right that is protected against unwarranted State interference.” Constitutionally it was determined that there is no rational basis to deny same sex couples the right to marry.
Regardless, of political or moral bent, It was a courageous and important decision. Advocates for same sex rights hoped that this State decision would lead to a National right to marry for same sex couples. Unfortunately, the decision seems to have created as much tension as it has freedoms.