Mary L. Bonauto

Mary L. Bonauto

Marriage Equality · Family Recognition · LGBTQ+ Civil Rights

For decades I had been watching families struggle because their relationships were considered outside the bounds of the law, people unable to really take care of each other the way that they wanted to in their hearts and in their commitment.

Baker v. State, Goodridge, and Obergefell v. Hodges: The Sequence That Made Marriage Ordinary

On November 18, 2003, the Massachusetts Supreme Judicial Court held in Goodridge v. Department of Public Health that the state constitution forbids excluding same-sex couples from civil marriage, and on May 17, 2004, Massachusetts became the first state in the country where same-sex couples could wed. Mary L. Bonauto was lead counsel in the case.

In 1987 a new Northeastern University law graduate from Newburgh, New York, raised there with three brothers and educated at Hamilton College, moved to Maine for a first job at a small Portland firm. Three years later Mary L. Bonauto joined GLBTQ Legal Advocates & Defenders in Boston as a staff attorney, and her early docket was the unheralded machinery of civil-rights enforcement: discrimination cases across New England, workers fired for who they were, and families the law refused to see. In Maine alone that work produced domestic-partner recognition at the University of Maine in 1996, co-guardianship for unmarried same-sex parents in 2003, de facto parent recognition in 2004, and joint adoption in 2007. Those years taught her exactly how exclusion operates in an ordinary life, in a hospital corridor, a tax return, a school pickup form, and that knowledge became the evidentiary heart of everything that followed. Marriage equality did not arrive in America all at once; it was won case by case over a quarter century, and Bonauto planned the sequence, incremental without ever being timid.

Vermont, then Massachusetts

In Baker v. State, Bonauto helped secure the Vermont Supreme Court’s December 1999 decision holding that same-sex couples were entitled to the same legal benefits and protections as married couples, the ruling that produced the nation’s first civil-union law the following year. It was a breakthrough and, to her, an incomplete one: a parallel status is not an equal one. So she pressed the question directly in Massachusetts as lead counsel in Goodridge v. Department of Public Health. On November 18, 2003, the Supreme Judicial Court held that the state constitution forbids excluding same-sex couples from civil marriage, and on May 17, 2004, Massachusetts became the first state in the country where they could wed. The decision reframed the national debate in a single stroke: marriage was no longer a hypothetical to be argued about but a lived fact, with anniversaries, mortgages, and children, whose sky conspicuously failed to fall.

The federal barrier

Bonauto reinforced the principle in Connecticut as co-counsel in Kerrigan v. Commissioner of Public Health, decided in 2008, and then turned to the barrier that still divided married couples from the protections of national law. In Gill v. Office of Personnel Management, filed in Boston in 2009, and Pedersen v. Office of Personnel Management, filed in Connecticut in 2010, she led GLAD’s challenges to the Defense of Marriage Act’s federal definition of marriage. A federal judge in Massachusetts ruled for the Gill plaintiffs in July 2010, the First Circuit affirmed in May 2012, and the Connecticut court followed that summer: some of the first holdings that the statute’s exclusion of lawfully married same-sex couples was unconstitutional. Bonauto then coordinated the friend-of-the-court briefs in United States v. Windsor, and on June 26, 2013, the Supreme Court struck DOMA’s federal marriage restriction down.

Taking the question to Washington

On April 28, 2015, Bonauto stood before the Supreme Court in Obergefell v. Hodges, part of the team that had brought the Michigan case, DeBoer v. Snyder, and argued that same-sex couples possess the same fundamental right to marry as everyone else. Two months later the Court agreed, and the sequence she had begun in New England reached every state in the union. The MacArthur Foundation had named her a Fellow the year before, recognizing a strategist whose patience had remade a national settlement; a decade later, in January 2025, President Biden awarded her the Presidential Citizens Medal for a career spent widening the circle of American citizenship. Vermont taught that equality required something; Massachusetts taught that the something was marriage itself; the DOMA cases taught that the federal government could not carve married couples into classes; Obergefell taught that none of it could stop at a state line.

Keeping the ground

The honors sit lightly on her. Bonauto still lives in Maine, where she married her own partner in 2008 and raised two children, and she teaches as a Lecturer on Law at Harvard Law School and serves on the Maine Chief Justice’s Justice for Children Task Force. She continues at GLAD Law as Senior Director of Civil Rights and Legal Strategies, guiding its litigation and policy work at a moment when the settlements of the last generation are again contested: in Dvash-Banks v. Pompeo she joined the defense of a married same-sex couple’s right to have their son recognized as an American citizen from birth, a right the courts upheld in 2020, and her docket now runs from the defense of marriage equality to parentage protections and the fight against conversion therapy. “For decades I had been watching families struggle because their relationships were considered outside the bounds of the law,” she said on the tenth anniversary of Obergefell, “people unable to really take care of each other the way that they wanted to in their hearts and in their commitment.” The portfolio has grown, but the method is unchanged: establish the principle, document the injury, prepare the ground.

What made the strategy work was its rootedness in ordinary family life. Her clients wanted no special status and no abstract symbol; they were nurses and teachers, couples together for decades, parents raising children under a legal roof with a hole in it, and Bonauto made plain, in court after court, that they sought only equal access to the civil status through which the law organizes much of American family life. That fidelity to the concrete is why her cases persuaded judges who had never before been asked the question. The wedding announcements, the joint tax returns, the two names on the school pickup form are now so ordinary that it takes an act of memory to recall they were once impossible. That ordinariness is the monument. Mary Bonauto built it deliberately, case by case, and the country lives inside it.