Thursday, April 12, 2001

Gay rights advocates yesterday sued the state Department of Public Health in a move to force a court-ordered blessing of gay marriages - just days after acting Gov. Jane Swift told the Herald she will fight such proposals in Massachusetts.

Swift reaffirmed that stance yesterday minutes before the plaintiffs said they were ``disappointed'' in the state's first female governor.

``I would not sign a bill on same-sex marriages,'' Swift told reporters at an afternoon press conference.

But New England Gay & Lesbian Advocates & Defenders, a legal advocacy group representing the 14 plaintiffs - three gay and four lesbian couples - said the opposition from Swift and other politicians should have no bearing on the case in Suffolk Superior Court.

``Denying them the right to marry . . . is a violation of their rights to equality. Nothing is gained in the state by having these families struggle,'' said GLAD lawyer Mary Bonauto. ``This is a simple case about real people and real families. We belong in court.''

The plaintiffs sued the DPH because that's the state agency that oversees locally issued marriage licenses.

All seven couples were recently denied marriage licenses at city and town halls in Boston, Northampton, Northbridge, Newton and Orleans.

``We were denied the opportunity to just fill out an application,'' said Julie Goodridge, 43, who has a 5-year-old daughter with her partner of 14 years, Hillary Goodridge. ``We've considered ourselves married for most of that time.''

The lawsuit seeks a declaratory judgment that the refusal to grant marriage licenses to the plaintiff couples violates the Massachusetts Constitution.

Attorney General Tom Reilly, whose office will defend the state in court, said the case ``presents important issues for resolution by the court.

``My office has a duty to defend the state law challenged by this lawsuit, and we intend to do so in a fair and responsible way so that the court can make the most well-informed and legally sound decision,'' Reilly said.

Swift, who like former Gov. Paul Cellucci supports employment benefits for domestic partners, is on the same page with House Speaker Thomas M. Finneran on gay marriage.

``Gay marriage is not something I would ever vote for,'' Finneran said earlier this week.

Still, other lawmakers have expressed dismay that the socially moderate Swift is taking such a conservative stance on the issue.

``I'm really disappointed that, in the early hours of her new leadership position, Jane would choose to come out against citizens of this state,'' said state Sen. Cheryl Jacques (D-Needham). ``She came out against gay citizens and gay families. She has already started to pick and choose who she's going to help in this state, and she will fail because of that.''

A similar lawsuit in Vermont prompted a benchmark court ruling in 1999 that said the protections and benefits of marriage must be available to gay and lesbian couples. The ruling prompted a divisive political battle that produced a ``civil unions'' law, while costing several lawmakers their elected offices.

Found at Boston Herald.com