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LARGESS v. SUPREME JUD. COURT FOR STATE OF MASS.

No. 04-1621.

373 F.3d 219 (2004)

Robert P. LARGESS, Elizabeth A. Poirier, John A. Lepper, Edward G. Connolly, Christopher P. Asselin, Steven C. Panagiotakos, Philip Travis, James R. Miceli, Peter J. Larkin, Robert S. Hargraves, Emile J. Goguen, Mark J. Carron, Plaintiffs, Appellants, v. SUPREME JUDICIAL COURT FOR the STATE OF MASSACHUSETTS; Chief Justice Margaret Marshall, in the official capacity as Justice of the Supreme Judicial Court of Massachusetts, Justice Robert J. Cordy, in the official capacity as Justice of the Supreme Judicial Court of Massachusetts, Justice Judith A. Cowin, in the official capacity as Justice of the Supreme Judicial Court of Massachusetts, Justice John M. Greaney, in the official capacity as Justice of the Supreme Judicial Court of Massachusetts, Justice Roderick L. Ireland, in the official capacity as Justice of the Supreme Judicial Court of Massachusetts, Justice Martha B. Sosman, in the official capacity as Justice of the Supreme Judicial Court of Massachusetts, Justice Francis X. Spina, in the official capacity as Justice of the Supreme Judicial Court of Massachusetts, Massachusetts Department of Public Health; Christine C. Ferguson, in her official capacity as Commissioner of the Massachusetts Department of Public Health; Judith A. McCarthy, in her official capacity as City Registrar for the city of Boston; City and Town Clerks 1-350; Linda Davies; Gloria Bailey; Gina Smith; Heidi Norton; Richard Linnell; Gary Chalmners; Ellen Wade; Maureen Brodoff; Edward Balmelli; Michael Horgan; Robert Crompton; David Wilson; Julie Goodridge; Hillary Goodridge, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Matthew D. Staver, with whom Erik W. Stanley, Anita L. Staver, Joel L. Oster, Rena M. Lindevaldsen, Liberty Counsel, Robert J. Muise, Thomas More Law Center, Stephen M. Crampton, Brian Fahling, AFA Center for Law and Policy, Chester Darling, and Citizens for the Preservation of Constitutional Rights, were on brief, for appellants.

Merita A. Hopkins, Corporation Counsel, City of Boston, with whom Gregory B. Franks, Assistant Corporation Counsel, was on brief, for appellee Judith A. McCarthy.

Peter Sacks, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General of Massachusetts, was on brief, for appellee Supreme Judicial Court of Massachusetts.

Mary L. Bonauto, with whom Bennett H. Klein, Michele M. Granda, Karen L. Loewy, Gay & Lesbian Advocates & Defenders, Kenneth J. Parsigian, Abigail K. Hemani, Goodwin Procter LLP, were on brief, for appellees Hillary Goodridge and Julie Goodridge, et al.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and HOWARD, Circuit Judge.

PER CURIAM.

Plaintiffs brought suit in United States District Court against the Supreme Judicial Court of Massachusetts (the "SJC") and others, alleging that the remedy adopted in the same-sex marriage decision, Goodridge v. Department of Public Health, 440 Mass. 309, 798 N.E.2d 941 (2003), violated their rights under the Guarantee Clause of the federal Constitution. The SJC, in a divided opinion, held in Goodridge

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