As reported by Fox News: "Gays Ask Court to Force State to Issue Marriage Licenses".
The people that have filed this lawsuit are asserting that they have been unconstitutionally discriminated against and deprived of equal protection under the law. To a certain extent, these people are correct. However, because sexual orientation has never been deemed to be an immutable suspect classification (much like race and ethnicity are) the state's "discriminatory" conduct here should be upheld as constitutionally valid. Massachusetts has as much of a right to deny a marriage license to homosexuals as they would to minors.