Reading questions for Goodridge v. Department of Health, due October 24, 2006

  1.  Was this case decided on the basis of the Massachusetts Constitution or the federal Constitution?  Which one is “more protective of individual liberty and equality”?  (p. 59, 3rd paragraph)
  2.  How does the court describe “civil marriage”? Who creates it? What is its purpose? (p. 61, Sec. III. A.)
  3.  What are some of the intangible and tangible benefits of civil marriage?  (p. 62-63, Sec. III.A.)
  4.  What are the benefits that children of a married couple receive? (P.63-64, Sec. III.A.)
  5.  What is the standard of review that the court uses?  (P. 65, middle paragraph, Sec. III.B)
  6.  What are the three justifications the state claims justifies the prohibition of same-sex couples marrying?  How does the court respond to each one?  (p. 65, bottom, - p. 66, Sec. III.B.)
  7.  How does the court respond to the argument that marriage is a matter for the legislative branch of government to determine not the judicial branch?  (p. 66-68, last paragraph – 90)
  8.  How is the court’s reformulation of the term, civil marriage?  (p. 70, bottom, Sec. IV)