highest court ruled Thursday that same-sex marriage
benefits cannot be collected retroactively, the Associated
According to the
AP, the ruling was part of a medical malpractice case
brought by lesbian couple Cynthia Kalish and Michelle
Charron, who was diagnosed with breast cancer a year
before the couple's marriage in 2004.
diagnosis Charron sued her doctors, claiming a biopsy should
have been performed earlier. Kalish also sued for loss of
marital companionship after Charron died in 2006.
lawyers defending Charron's doctors contested the
loss of marital companionship, saying that the couple
had not been legally married at the time of the
diagnosis, according to the AP.
Charron and the
couple's daughter challenged the law, saying that the
couple would have been married by then had same-sex marriage
been legalized earlier.
rejected their claim, stating that same-sex marriage
benefits cannot be collected retroactively, for fear
that the legal authority of marriage would be
weakened, the AP reported.
lawyer, Kathy Jo Cook, told the AP, "We're saddened
that the [supreme judicial court] refused to extend
the basic protection of marriage to this same-sex
couple and their daughter." (The Advocate)