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Family Law

: Massachusetts Gay and Lesbian Legal Briefs

Will Massachusetts Recognize my Same-Sex Marriage?

By Christopher Vaughn-Martel

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Question: I was legally married in another country. Will Massachusetts recognize my marriage?

Answer: Yes, and congratulations! Canada, along with Spain, Belgium, the Netherlands, and South Africa all recognize the right of same-sex couples to be lawfully married. On May 17, 2004, Massachusetts became the first U.S. state to recognize same-sex marriage. Under the Supreme Judicial Court?s opinion in Goodridge v. Department of Public Health, Massachusetts must issue marriage licenses to otherwise qualified same-sex couples. The decision also means that Massachusetts must give equal treatment to same-sex couples who obtained a valid marriage license issued by another state or country, including those mentioned above.

One important caveat is worth mentioning. Due to the federal Defense of Marriage Act, often referred to as DOMA, the United States government may still discriminate against your valid marriage with respect to any of the more than 1,000 federal rights and privileges, including those relating to Social Security benefits, family and medical leave, taxation and spousal gift-giving, and many others.

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on December 06, 2007 (boomark / email).