Family Law

The law repealed by Governor Patrick on Thursday was originally passed in 1913 as an effort to prevent couples, including interracial couples, from obtaining a marriage license in Massachusetts if they could not legally obtain one in their home state. The old law was dusted off with the help of former governor Mitt Romney, who used the law to prevent out-of-state same-sex couples from obtaining marriage licenses in Massachusetts in the wake of the Supreme Judicial Court's landmark decision in Goodridge v. Dep't. of Public Health (2003). The constitutional validity of the law was later affirmed in the Supreme Judicial Court's decision in Cote-Whitacre v. Dep't of Public Health (2004).

The traditional waiting period for new legislation was waived, making the repeal effective immediately. Out-of-state same-sex couples who are otherwise qualified to marry can begin to apply for marriage licenses in Massachusetts as early as Friday, August 1, 2008. The change in law here in Massachusetts will not have any direct effect on whether and how other states choose to treat married same-sex couples. It remains to be seen whether the rights and obligations of divorce, custody, child and spousal support, and property distribution will be available to these married couples upon their return to their home states.