6 Claims for Relief

Thursday 27 April 2017.
 

Claims for Relief

Count I

134. Plaintiff repeats, re-alleges and incorporates in this paragraph all of the allegations set forth above, as fully set forth herein.

135. Within the Department of Public Health is a Registry of Vital Records and Statistics. Massachusetts law charges the Commissioner, Paul Cote, with enforcing state laws relative to marriage through his supervision of the Registrar of Vital Records and Statistics.

136. The Department of Public Health and its Commissioner through city and town clerks and other ministerial actors who operate under the Defendants’ control and direction concerning marriage licenses, issues a marriage certificate to same-sex couples.

137. The custom and practice of issuing a marriage certificate to same-sex couples through judicial decree, Goodridge v. Department of Public Health 440 Mass. 309 (2003) is unconstitutional according to the Constitution of the Commonwealth including but not limited to articles Part the First Article XVIII, Part the First Article XXX, Part the Second Chapter I Section 1 Article IV, Part the Second Chapter III Article IV.

Prayers for Relief

WHEREFORE, the plaintiff respectively requests that this Honorable Court order the following relief:

1. Enter a declaratory judgment that the issuing of a marriage certificate to same-sex couples by judicial decree violates the Constitution of the Commonwealth of Massachusetts;

2. Enter a declaratory judgment that overturning Goodridge v. Department of Public Health 440 Mass. 309 (2003) is possible on a rational basis,

3. Order the Department of Public Health and its Commissioner through city and town clerks and other ministerial actors who operate under the Defendants’ control to cease and refrain from issuing marriage certificates to same-sex couples;

4. Order the Department of Public Health and its Commissioner after all appeals have been completed and this Honorable Court’s decision has been upheld, that all marriage certificates that have been previously issued to same-sex couples are hereby to be declared null and void;

5. Order the Department of Public Health and its Commissioner that after all appeals have been completed and this Honorable Court’s decision has been upheld, that all marriage certificates that have been previously issued to same-sex couples and recorded in the Department of Public Health’s Registry of Vital Records and Statistics to be removed from the Department of Public Health’s Registry of Vital Records and Statistics;

6. Order the Department of Public Health and its Commissioner through the Massachusetts Department of Public Health’s Registry of Vital Records and Statistics to provide to all same-sex couples who have been previously issued marriage certificates written notification through the United States Postal Services that their marriage certificates are null and void and have been removed from the Department of Public Health’s Registry of Vital Records and Statistics;

7. Order the Department of Public Health and its Commissioner through the Massachusetts Department of Public Health’s Registry of Vital Records and Statistics to report to this Honorable Court written notification that such instructions by this Honorable Court have been successfully completed.

8. Award reasonable costs and fees

9. Grant such other relief as is just and appropriate.


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