Contract Law——For Better or For Worse: The Missing Element in Same-Sex “Marriage” Contracts——Goodridge v. Department of Public Health, 798 N.E.2d 941 (Mass. 2003)

““Each state as a sovereign has a rightful and legitimate concern in the marital status of persons domiciled within its borders.””  The authority of the state to regulate the marriage contract is certain, unrestricted even by the Contracts Clause of the United States Constitution.  In recent years, courts have reconsidered the marriage contract in the context of same-sex relationships, considering if and how the rights and obligations of the marital institution apply to same-sex unions.  The Massachusetts Supreme Judicial Court confronted the issue in Goodridge v. Department of Public Health, asking whether the state, through an exercise of its police powers, may bar same-sex couples from marriage.  In a 4-3 decision, the Court held that failing to provide the protections, benefits, and obligations of marriage to same-sex couples violates the Massachusetts Constitution. . . .