In November of 2003, the Supreme Judicial Court in Massachusetts ruled that the state law restricting gay couples from marrying in Massachusetts was discrimination and violated the state constitution. The court then stayed its decision for six months to give the Massachusetts State Legislature a chance to change the law in accordance with the court ruling. This decision by the state's Supreme Judicial Court (SJC) set off a firestorm of debate across the state and the country which led to President George Bush pushing a federal constitution amendment to ban gay marriage by defining marriage as between one man and one woman, and which put the phrase "activist judges" back into the political culture.

Opponents of gay marriage in Massachusetts launched their own aggressive lobbying campaign to amend the state's 200-year-old constitution in the same manner as the proposed federal constitutional amendment would. This campaign against gay marriage would be fully supported by then Massachusetts Governor Mitt Romney. A series of constitutional conventions ("con-cons") were conducted at the Massachusetts State House by the legislature to debate the issue. In February 2004, the Massachusetts Senate President refused to stand in the way of lawmakers voting on a proposed state constitutional amendment banning gay marriage. Civil unions were discussed as an alternative to full marriage rights, but the SJC then reinforced its ruling by stating that civil unions would not meet the requirement of equality for all Massachusetts citizens as set forth in the state's constitution. Gay marriage was to become fully legal on May 17, 2004, and protesters on both sides of the issue flocked to the State House in great numbers to support their positions.

On May 17, 2004, the first legal gay marriages in the United States took place, in spite of great efforts by the Governor and opposing groups to get the SJC to extend the stay of its original ruling until the legislature had a chance to vote again on the issue. But the SJC refused to delay the deadline date, and thousands of gay and lesbian couples flocked to get marriage licenses and were married in civil ceremonies or in supportive Unitarian churches across the state. While gay-marriage opponents reinforced their belief that marriage should be reserved for one man and one woman, gay couples rejoiced that their families would now be recognized in their home state and recieve all the state's benefits of a legal marriage. Over 6,000 gay and lesbian couples married in the state of Massachusetts in the following year.

The fight was not over after same-sex marriage became legal. A series of constitutional conventions continued to take place while opponents of same-sex marriages, including many church groups and religious organizations, regrouped and started a ballot initiative, pushing forward a bill that would put the question on the ballot in 2008 and have the people of the state vote to define marriage. The legislature avoided the vote as long as it could by recessing sessions or concentrating on other state matters first, but in 2006 the state legislators were pressured to advance the ballot bill to a vote, which needed 50 votes in two separate legislature sessions to put the issue on the ballot in 2008. The first vote passed by 62 votes, advancing the ballot initiative to the next session, to take place the following year.

In January of 2007, Duval Patrick, elected the previous November, took over as Governor of Massachusetts. Governor Patrick supports gay marriage and wanted to keep the law as it is and not disrupt the marriages and families that have been created over the past three years. Governor Patrick and many other lawmakers worked hard to get the ballot initiative defeated. On June 14, 2007, the Massachusetts legislature voted against putting forward the anti-gay-marriage ballot initiative that would have gone to the voters in 2008: the measure lost by five votes. While many gay and straight citizens were thrilled with this decision, many same-sex-marriage opponents still feel this issue should have been decided on by the voters of Massachusetts. Supporters of gay marriage feel that nobody's civil rights should ever be decided by a vote of the people.

For now, gay marriage is safe in Massachusetts, but opponents have vowed to try to put forward another ballot initiative in the future so that voters can be heard on the issue. Any future ballot initiative won't happen until at least 2011, and is most likely not to go forward. Since 2004, over 8,500 gay and lesbian couples have been married in Massachusetts, with some 100 divorces as well. While these couples have full legal marriage rights within the state, and possibly in some other states that recognize gay marriages performed elsewhere, these marriages are still not recognized by the U.S. federal government. Same-sex couples are denied all federal marriage rights, including Social Security benefits, property transfers between spouses, tax benefits, immigration rights, and health care insurance eligibility through a spouse, just to name a few. The lack of federal recognition of these marriages also complicates any divorces that may come about, when it comes to property rights, child custody and taxes. For the most part, the issue of same-sex marriage has had little to no effect on the everyday lives of the citizens of Massachusetts. The sky hasn't fallen, and life moves on.