ACLJ Overturns Domestic Partnership Ordinance in Cambridge, Massachusetts.

Business Editors & Legal Writers

CAMBRIDGE, Mass.--(BUSINESS WIRE)--Nov. 2, 2000

The American Center for Law and Justice, which successfully challenged the legality of Boston's domestic partnership law, said today a decision by a state judge overturning the domestic partnership ordinance for the City of Cambridge, Massachusetts is an important victory for marriage and the family.

"We are extremely pleased that the court determined what we believed all along - that the domestic partnership ordinance was both unconstitutional and illegal," said Vincent P. McCarthy, Senior Regional Counsel of the ACLJ who successfully challenged the Boston law and filed suit against Cambridge. "This is an important victory for marriage and the family and should send a clear signal to other communities in Massachusetts that domestic partnership ordinances enacted by localities are legally flawed and are simply not permissible under state law."

In a decision released today, Middlesex Superior Court Judge James F. McHugh struck down the Cambridge ordinance and ordered that the City to cease providing health insurance benefits to domestic partners after January 31, 2001.

The ACLJ filed the suit in March 2000 on behalf of 12 Cambridge residents who challenged the ordinance.

In July 1999, the Massachusetts Supreme Judicial Court (SJC) ruled on behalf of the ACLJ when it declared the Boston ordinance illegal and upheld a lower court action granting an injunction invalidating the ordinance.

The ACLJ challenged the Boston law by filing suit on behalf of ten taxpayers in November 1998 -- claiming the city did not have the proper authority to enact such an ordinance.

"The decision by the Massachusetts Supreme Judicial Court was clear -- localities do not have the authority to enact domestic partnership laws," said McCarthy. "The issue of domestic partnership laws rests with the state legislature and the governor, not cities and localities. The Cambridge ordinance directly countered existing state law and is simply an attempt to circumvent state marriage law in an effort to recognize homosexual and heterosexual unions."

Following the decision, the ACLJ sent letters to four Massachusetts cities and towns that previously enacted domestic partnership laws -- Northampton, Brookline, Cambridge, and Springfield. The ACLJ requested officials to voluntarily comply with the decision of the SJC and suspend domestic partnership benefits. Both Northampton and Brookline have ended their domestic partnership health coverage.

Now, with the court victory in Cambridge, McCarthy said the ACLJ is prepared to file suit against Springfield.

The ACLJ is challenging domestic partnership laws in cities across the country -- including New York City, San Francisco, and Santa Barbara.

The American Center for Law and Justice is an international public interest law firm that focuses on pro-family, pro-life, and pro-liberty issues. The ACLJ Web site is www.aclj.org.