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Couple Whose Battle Legalized Gay Marriage Files For Divorce

Women Had Been Married For Four Years

POSTED: 8:32 am EST February 3, 2009
UPDATED: 12:28 pm EST February 3, 2009

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The gay couple whose court battle led to the legalization of same-sex marriage in Massachusetts has filed for divorce.

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Hillary and Julie Goodridge, who share custody of their 12-year-old daughter, filed divorce papers in Suffolk Probate Court last week.

"I wish I could talk them into staying together, but I don't see how," Hillary’s mother, Ann Kiernan Smith, told the Boston Herald. Smith did not offer a reason for the couple's divorce.

"They went through an heroic battle on behalf of all of us in the state, and as a result of their willingness to participate in it, their relationship suffered in significant ways, but we all benefited at the end of the day," said Arline Isaacson, of the Massachusetts Gay and Lesbian Political Caucus.

Family lawyer Ed Dombroski said the divorce is more symbolic than legally significant.

"Opponents of gay marriage are going to use this as the example, as proof positive, as to why marriage should not be allowed between gay couples," he said.

Supporters of gay marriage are still reeling from a blow two months ago when California residents voted down gay marriage, months after it was legalized by the courts.

"Some of the debate that happened in California this past fall and the ongoing debate now with other states that are contemplating this issue of legalizing gay marriage has really sent a mixed message to a lot of folks," Dombroski said.

Currently, Massachusetts does not keep statistics about gay marriage. Isaacson said that the Goodridges are a couple like any other.

"Gay folks love like straight folks. We get married like they do and unfortunately, we will be getting divorces like they do, and we really are no different," she said.

The Goodridges’ landmark lawsuit led to a state Supreme Judicial Court ruling that made Massachusetts the first state to recognize same-sex marriage in 2003. The Goodridges were the lead plaintiffs in the case against the state, which argued for equal marriage rights regardless of sexual orientation.

In a 4-3 decision, the court ruled that it was unconstitutional to allow only heterosexual couples to marry. The couple married in May 2004, on the day the Supreme Court’s ruling took effect.

Neither Hillary Goodridge, 52, nor Julie Goodridge, 51, responded to requests for comment.

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