News
10 years later, Goodridge decision still seen as milestone
Advocates see path for nationwide marriage equality in another decade
Mary Bonauto litigated the case that brought marriage equality to Massachusetts 10 years ago. (Washington Blade photo by Michael Key)
Ten years have passed since marriage equality came to the first state in the nation following a historic decision by the Massachusetts Supreme Court, helping to usher in swift change in attitudes and law around gay and lesbian couples.
On Nov. 18, 2003, the Massachusetts Supreme Court handed down a 4-3 ruling in the case of Goodridge v. Department of Public Health, bringing marriage equality to the Bay State.
“The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry,” the decision states. “We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals.”
Despite efforts from then-Gov. Mitt Romney to limit the ruling to civil unions and enact a constitutional amendment to rescind the decision, supporters of the ruling won the day and marriage equality has remained the law of the land in Massachusetts.
Mary Bonauto, who litigated the Goodridge case on behalf of Gay & Lesbian Advocates & Defenders and now serves as civil rights director there, said on the 10th anniversary of the decision the ruling “broke a historic barrier that we have never been able to overcome.”
“And it did so in the shared values of our constitution that we all believe in equality and we don’t have second-class citizens in this nation under the law,” Bonauto said.
The magnitude of the decision was bolstered, Bonauto said, six months later by the same-sex couples who went to the altar to marry.
“Now you had principle and you had reality working together, and all this freedom and equality from the court, and the you saw the joy in couples who finally were able to marry,” Bonauto said. “I think actually having couples marry was profound. It had to happen somewhere, somebody had to be first.”
Evan Wolfson, an early proponent of marriage equality and current president of Freedom to Marry, said having same-sex marriage legal someplace in the country was transformational for the movement.
“The breakthrough we were always working for in those early years was to make it real somewhere because we knew that once people had a chance to see with their own eyes families helped, and no one hurt, the opposition and resistance and fears would begin to subside, and we could build on that win to the rest of the wins still needed,” Wolfson said.
But the victory in Massachusetts, followed by then-San Francisco Mayor Gavin Newsom’s decision to distribute marriage licenses to gay couples, was met by a significant roadblock in the 2004 election when 11 states adopted constitutional amendments banning same-sex marriage. President George W. Bush won re-election after making support for a U.S. constitutional amendment banning same-sex marriage a prominent part of his campaign.
Pointing to political analysis debunking the notion that the marriage issue drove voters to the polls to re-elect Bush, Bonauto expressed skepticism that the ruling led to the win for Republicans in the 2004 election.
“The way this all got started, I think, people were putting two-and-two together about moral values, and the 22 percent of voters had stated that their most important consideration was ‘moral values,’ and the 11 amendments,” Bonauto said. “In the exit polling and so on about what this moral values means, for a great many people it meant the Iraq war. So it wasn’t even clear that the moral values voters were Bush voters.”
Bonauto said when she filed the case in 2001, 36 states already had statutory bans on same-sex marriage in response to advancing efforts to legalize same-sex marriage in Hawaii in the 1990s.
“From my perspective, it wasn’t really so much a backlash as a continued lashing,” Bonauto said. “People who had already taken steps to be very explicit about marriage bans, the only place they could go, continue to hone their political credentials, was to be even more draconian, and so that’s what happened by and large.”
Referencing a speech he delivered prior to Election Day of that year, Wolfson said the win in Massachusetts still trumped the losses at the ballot box in 2004 because it was still progress from the status quo.
“Even in 2004, I was on record before the election as saying that any year in which we endured some anti-gay attacks, but won marriage was a winning year because wins trump losses,” Wolfson said. “We would use the power of the win to overcome the temporary barriers erected in our losses, and that’s precisely what we are doing.”
It wasn’t until 2008 when other states would follow suit after courts in Connecticut and California ruled in favor of marriage equality, although the victory in California was (until recently) abrogated several months later by the passage of Proposition 8.
Now 16 states and D.C. are poised to have marriage equality on the books in the same year that the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act, which prohibited federal recognition of these unions.
The ruling against DOMA at the Supreme Court was coupled by a decision from justices that restored marriage equality to California. In the months that followed, the New Jersey Supreme Court has instituted marriage equality in the Garden State and state legislatures in Illinois and Hawaii have extended marriage to gay couples. At any time, the New Mexico Supreme Court could hand down a ruling in favor of marriage equality as a result of pending litigation.
M.V. Lee Badgett, research director at the Williams Institute, estimated about 100,000 gay couples have married since the Goodridge decision 10 years ago, but the effect of having marriage equality in Massachusetts and other places goes far beyond numbers.
“It will take a while for researchers to analyze and publish more detailed findings on the effects of the ability to marry and of actual marriage,” Badgett said. “One early study showed that same-sex couples in Massachusetts feel more social inclusion, and one sample of gay men showed lower health care costs and health care utilization. In California we’ve seen that psychological health is better for same-sex couples who marry or had domestic partnerships.”
Wolfson said the growth of marriage equality in the country is noteworthy in many respects, including in terms of percentages.
“As we celebrate the end of this big year, we now have 38 percent of the American people living in a freedom to marry state, up from zero a decade ago,” Wolfson said. “Gay people can share in the freedom to marry in 18 countries, in five continents, up from zero virtually a decade ago. That, by any standard, is enormous progress and real momentum, but we have to finish the job.”
Reflecting back on the decision 10 years ago, Bonauto said she hoped at the time this much change would happen a decade later, but confessed “there were times that I certainly wasn’t sure.”
“I had always hoped that the arc for us would be what it was in some ways for interracial marriage, where courts rebuff and rebuff and rebuff, and then in 1948 the California Supreme Court struck down the interracial marriage ban,” Bonauto said. “More states repealed those after the California ruling, so that 19 years later when the Supreme Court decided Loving v. Virginia, Virginia was only one of 16 states that had such bans.”
During a news conference held on the same day as the 10th anniversary of the Goodridge decision, White House Press Secretary Jay Carney also noted progress made in the past decade in response to a more general question on LGBT rights.
“I think that anybody who looks at LGBT rights and the road travelled in this country just in the past decade would rightly be pleased by the significant progress that’s been made, even as we acknowledge that more work needs to be done, more progress need to be done,” Carney said.
Carney later told the Blade via email he wasn’t making a direct reference to the Goodridge decision, but his comments were meant “just as a broad reference to the progress made over the last decade.”
And hopes continue for a brighter future as advocates anticipate one of the pending federal lawsuits in 20 states across the country will make its way to the Supreme Court, delivering a ruling in favor of same-sex marriage nationwide in less than 10 years. Following the Supreme Court rulings in June, Chad Griffin, president of the Human Rights Campaign, said marriage equality will reach the entire nation within five years.
Bonauto said she hopes the Supreme Court will settle the marriage issue once and for all, but isn’t completely sure which way the justices would rule and emphasized hard work is necessary for a favorable outcome.
“I think we have to work with the same intensity that we have up to this point and hopefully the Supreme Court will settle the issue, and then if for some reason it does not, which I think would be extremely unfortunate, I just think we have to continue doing what we’ve been doing state by state,” she said.
Freedom to Marry has prepared a “Roadmap to Victory” in anticipation of a Supreme Court decision that entails winning more states and building support for same-sex marriage in nationwide polls. Eyes will be on Oregon in 2014 to see whether it will reverse a constitutional ban on same-sex marriage at the ballot.
Wolfson said he “absolutely” believes that supporters of same-sex marriage will be able to finish the job.
“The good news for us is the same winning strategy that brought us to this point of momentum is the strategy that is going to bring it all home,” Wolfson said.
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Congratulations to RODRIGO HENG-LEHTINEN on his new role as Trevor Project Senior Vice President of Public Engagement Campaigns. On accepting the position, he said, “My mission has long been to stop LGBTQ, and especially trans, people from being perceived as political footballs and start getting us seen as real people – your friends, your families, your neighbors. Now I get to focus on that 100% at The Trevor Project.”
Prior to this, he was executive director, Advocates for Trans Equality (A4TE), where he co-led the merger of two national transgender rights organizations, NCTE and TDLEF, to create the new organization. He had served as executive director of the National Center for Transgender Equality, leading that organization through a period of growth, restoring organizational size and stability. He had served as deputy executive director prior to that. Previously he served as vice president of Public Education, Freedom for All Americans, where he led a successful campaign for transgender nondiscrimination protections in New Hampshire. He oversaw a full range of legislative lobbying, field organizing, and communications strategies and oganized a leadership coalition, established structure, and divided roles for key committees of 17 state and national partner organizations and local activists.
Heng-Lehtinen conducted English-language interviews with outlets such as The New York Times, CNN, MSNBC, and Politico. He planned a Transgender Leadership Summit for the Transgender Law Center and served as Development & Donor Services Assistant, Liberty Hill Foundation. He earned his bachelor’s degree in Latin American Studies from Brown University.
Local
D.C., Va., Md. to commemorate World AIDS Day
Cathedral of St. Matthew the Apostle will hold a Mass, candlelight prayer vigil
The D.C. area will observe World AIDS Day on Dec. 1 through a variety of community events.
Established by the World Health Organization in 1988, World AIDS Day aims to raise awareness about HIV/AIDS and honor the individuals affected by the epidemic. The global theme for 2025 is “overcoming disruption, transforming the AIDS response.”
Washington
DC Health will host a World AIDS Day event at the Martin Luther King, Jr. Library from noon to 9 p.m on Dec. 1. Attendees can expect live performances, free food and free HIV testing.
The all-day event will also feature community resources from DC Health, DC Public Library, DC Health Link, Serve DC, and the Mayor’s Office of LGBTQ Affairs.
The Lily and Earle M. Pilgrim Art Foundation is partnering with Visual AIDS, a New York-based non-profit that uses art to fight AIDS, to reflect on World AIDS Day with a film screening on Dec. 1.
The David Bethuel Jamieson Studio House at Walbridge in Mount Pleasant will premiere “Meet Us Where We’re At,” an hour-long collection of six videos. The free screening highlights the complexity of drug use in intersection with the global HIV epidemic.
The videos, commissioned by artists in Brazil, Germany, Nigeria, Puerto Rico and Vietnam, showcase the firsthand experience of drug users, harm reduction programs, and personal narratives. The program intends to showcase drug users as key individuals in the global response to HIV.
In addition to streaming the videos, the event will include an evening potluck and conversation led by Peter Stebbins from 6-8 p.m.
The Cathedral of St. Matthew the Apostle will hold a 5:30 p.m. Mass and candlelight prayer vigil at 6 p.m. in honor of World AIDS Day on Dec. 1. The event is open to all and includes a subsequent reception at 6:30 p.m.
The Capital Jewish Museum is hosting a speaker series on Dec. 2 from 6:30-8 p.m. that explores the response to AIDS within the Jewish community. Speakers include LGBTQ psychiatrist Jeffrey Akman, physician assistant Barbara Lewis and Larry Neff, lay service leader at Bet Mishpachah, a synagogue founded by LGBTQ Washingtonians. Heather Alt, deputy director of nursing at Whitman-Walker Health, will moderate the event.
The program is free for museum members. General admission is $10 and Chai tickets, which help subsidize the cost of general admission, are $18. Tickets include access to LGBT Jews in the Federal City, a temporary exhibition that collectively explores Washington, Judaism, and LGBTQ history. The exhibition is on view through Jan. 4, 2026.
Virginia
Alexandria Mayor Alyia Gaskins and local residents will commemorate World AIDS Day on Dec. 1 at the Lee Center.
The event, which is free to attend, will include music, choir performances, educational moments and more. The commemoration will be held from 6:30-8:30 p.m.
Maryland
The Frederick Center will host talks, tabling and a raffle in honor of World AIDS Day. The Frederick County Health Department will conduct free HIV testing.
The event, which is free to attend, will be held on Nov. 30 from 1-4 p.m. The Frederick County Health Department always offers free, walk-in HIV testing on Tuesdays and Fridays from 9 a.m. to 3 p.m.
The Prince George’s County Alumnae Chapter of Delta Sigma Theta Sorority will host a community day of awareness in honor of World AIDS Day on Dec. 6 from 1 a.m. to 2 p.m. The free event will feature free, confidential HIV testing, private talks with medical professionals and health workshops.
The event will be held at Suitland Community Center in Forestville and will include breakfast and snacks.
Damien Ministries is commemorating World AIDS Day on Dec. 1 through the grand opening of the We the People Community & Wellness Collaborative. The event, held at 11:30 a.m. at 4061 Minnesota Avenue, N.E., is free to attend.
Damien Ministries is a faith-based non-profit committed to supporting those with HIV/AIDS.
Begin Anew, a Baltimore non-profit that provides education, outreach and resources to improve public health, wellness and economic stability, is hosting its 4th Annual World AIDS Day Community Celebration on Dec. 1 alongside community partners.
Hosted at the University of Maryland BioPark from noon to 3 p.m., the program will feature keynote speaker Jason E. Farley of the Johns Hopkins School of Medicine. The celebration will also dedicate awards to local heroes focused on fighting HIV/AIDS and promoting health equity.
The free event includes lunch, live entertainment and networking opportunities with health advocates and partners.
District of Columbia
Bowser announces she will not seek fourth term as mayor
‘It has been the honor of my life to be your mayor’
D.C. Mayor Muriel Bowser, a longtime vocal supporter of the LGBTQ community, announced on Nov. 25 that she will not run for a fourth term.
Since first taking office as mayor in January 2015, Bowser has been an outspoken supporter on a wide range of LGBTQ related issues, including marriage equality and services for LGBTQ youth and seniors.
Local LGBTQ advocates have also praised Bowser for playing a leading role in arranging for widespread city support in the city’s role as host for World Pride 2025 in May and June, when dozens of LGBTQ events took place throughout the city.
She has also been credited with expanding the size and funding for the Mayor’s Office of LGBTQ Affairs, which was put in place as a Cabinet level office by the D.C. Council in 2006 under the administration of then-Mayor Anthony Williams.
It was initially called the Office of Gay, Lesbian, and Transgender Affairs. At Bowser’s request, the D.C. Council in 2016 agreed to change the name as part of the fiscal year 2016 budget bill to the Office of Lesbian, Gay, Bisexual, Transgender, and Questioning Affairs.
As she has in numerous past appearances at LGBTQ events, Bowser last month greeted the thousands of people who attended the annual LGBTQ Halloween 17th Street High Heel Race from a stage by shouting that D.C. is the “gayest city in the world.”
In a statement released after she announced she would not run for a fourth term in office; Bowser reflected on her years as mayor.
“It has been the honor of my life to be your mayor,” she said. “When you placed your trust in me 10 years ago, you gave me an extraordinary opportunity to have a positive impact on my hometown,” her statement continues.
“Together, you and I have built a legacy of success of which I am immensely proud. My term will end on Jan. 2, 2027. But until then, let’s run through the tape and keep winning for D.C,” her statement concludes.
Among the LGBTQ advocates commenting on Bowser’s decision not to run again for mayor was Howard Garrett, president of D.C.’s Capital Stonewall Democrats, one of the city’s largest local LGBTQ political groups.
“I will say from a personal capacity that Mayor Bowser has been very supportive of the LGBTQ community,” Garrett told the Washington Blade. “I think she has done a great job with ensuring that our community has been protected and making sure we have the resources needed to be protected when it comes to housing, public safety and other areas.”
Garrett also praised Bowser’s appointment of LGBTQ advocate Japer Bowles as director of the Office of LGBTQ Affairs,
“Under the leadership of the mayor, Japer has done a fantastic job in ensuring that we have what we need and other organizations have what they need to prosper,” Garrett said.
Cesar Toledo, executive director of the D.C. based Wanda Alston Foundation, which provides housing services for homeless LGBTQ youth, credits Bowser with transforming the Office of LGBTQ Affairs “into the largest and most influential community affairs agency of its kind in the nation, annually investing more than $1 million into life-saving programs.”
Toledo added, “Because of the consistent support of Mayor Bowser and her administration, the Wanda Alston Foundation has strengthened and expanded its housing and counseling programs, ensuring that more at-risk queer and trans youth receive the safety, stability, and life-saving care they deserve.”
Gay Democratic activist Peter Rosenstein is among those who have said they have mixed reactions to Bowser’s decision not to run again.
“I am sorry for the city but happy for her that she will now be able to focus on her family, and her incredible daughter,” Rosenstein said.
“She has worked hard, and done great things for D.C,” Rosenstein added. “Those include being a stalwart supporter of the LGBTQ community, working to rebuild our schools, recreation centers, libraries, gaining the RFK site for the city, and maintaining home rule. She will be a very hard act to follow.”
Local gay activist David Hoffman is among those in the city who have criticized Bowser for not taking a stronger and more vocal position critical of President Donald Trump on a wide range of issues, including Trump’s deployment of National Guard soldiers to patrol D.C. streets. Prior to Bowser’s announcement that she is not running again for mayor, Hoffman said he would not support Bowser’s re-election and would urge the LGBTQ community to support another candidate for mayor.
Bowser supporters have argued that Bowser’s interactions with the Trump-Vance administration, including her caution about denouncing the president, were based on her and other city officials’ desire to protect the interests of D.C. and D.C.’s home rule government. They point out that Trump supporters, including Republican members of Congress, have called on Trump to curtail or even end D.C. home rule.
Most political observers are predicting a highly competitive race among a sizable number of candidates expected to run for mayor in the 2026 D.C. election. Two D.C. Council members have said they were considering a run for mayor before Bowser’s withdrawal.
They include Councilmember Janeese Lewis George (D-Ward 4), who identifies as a democratic socialist, and Councilmember Kenyan McDuffie (I-At-Large), who is considered a political moderate supportive of community-based businesses. Both have expressed strong support for the LGBTQ community.
The Washington Post reports that Bowser declined to say in an interview whether she will endorse a candidate to succeed her or what she plans to do after she leaves office as mayor.
Among her reasons for not running again, she told the Post, was “we’ve accomplished what we set out to accomplish.”
Comings & Goings
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