Prof. Yoshino writes that "the Massachusetts opinion of 2003 will always have the fame of a first mover."

The actual "first mover" was a decision of the Ontario, Canada, Court of Appeal, in June, 2003.

In that decision, the Court held that it violates the Constitutional right to equal treatment under the law, without discrimination to restrict "marriage" to opposite sex individuals.

The Court also held that the restriction could not be justified on any basis, including the minimal "rational basis" test.

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Certainly something to be proud of, but Ontario jurisprudence doesn't have much impact on the U.S. legal system.