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COTE-WHITACRE v. DEPARTMENT OF PUBLIC HEALTH

446 Mass. 350 (2006)

SANDRA COTE-WHITACRE & others vs. DEPARTMENT OF PUBLIC HEALTH & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 30, 2006.

Attorney(s) appearing for the Case

Michele E. Granda (Gary D. Buseck with her) for the plaintiffs.

Kevin D. Batt (Anne Robbins & Sarah R. Wunsch with him) for town clerk of Provincetown & others.

Peter Sacks, Assistant Attorney General, for Department of Public Health & others.

The following submitted briefs for amici curiae:

Kenneth J. Parsigian & Shirley Sperling Paley for Erwin Chemerinsky & others.

Kathleen M. O'Donnell, Mark D. Mason, Martin W. Healy, Peter F. Zupcofska, Elizabeth M. Duffy, Darien K.S. Fleming, Eleanor H. Gilbane, Shu-Yi Oei, Matthew D. Schnall, & Corin R. Swift for Massachusetts Bar Association & another.

Anthony Mirenda, Vickie L. Henry, Sara K. Pildis, & Bradley E. Abruzzi for Asian American Legal Defense and Education Fund & others.

Barbara J. Cox, of California, & Jonathan A. Shapiro, Maura T. Healey, Joseph J. Mueller, Steven P. Lehotsky, & Miranda Hooker for Barbara J. Cox & others.

George I. Goverman, pro se.

Benjamin W. Bull, Glen Lavy, Randall Wenger, & Dale Schowengerdt, of Arizona, & Philip D. Moran for Raymond Flynn & another.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

BY THE COURT.

The orders denying the plaintiffs' motions for preliminary injunction in these cases are affirmed. A majority of the Justices also agree that, as to the plaintiffs who reside in Connecticut, Maine, New Hampshire, and Vermont, a judgment for the defendants shall enter in the Superior Court because same-sex marriage is prohibited in those States. As to the New York and Rhode Island plaintiffs, their cases shall proceed in the Superior Court, on an expedited...

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