McHugh found Cambridge's ordinance unconstitutional because it conflicted with the state law, but discarded McCarthy's claims that the ordinance was an attempt to legitimize homosexual marriage.

"Although the action the city took was improper, it took that action in an effort to provide a better life for those who daily serve its citizens," McHugh wrote in his decision. "It says nothing about marriage."

Because only the insurance benefits provision of the ordinance conflict with the 1955 law, Cambridge domestic partners will retain hospital visitation rights and access to the school records of each other's dependents under the terms of the ruling.

Cambridge Mayor Anthony D. Galluccio said he and the council were deeply disappointed by the decision.

"The city council has unanimously supported this ordinance," Galluccio said. "We feel very strongly that municipalities should have the right to provide insurance to employees in a manner they see appropriate. We feel all families should be treated equally."

Gallucio said he would use any legal recourse he could to maintain the benefits, but acknowledged that progress would have to come on the state level, by amending or replacing the 1955 law that limits benefits to spouses.

"The real push needs to be in the legislature to allow communities like Cambridge to make their own decisions," he said.