Mass. Court to Hear Gay Marriage Challenge
By AP from NYTimes on the Web, February 23, 2005
BOSTON -- Massachusetts' highest court, which legalized gay marriage in Massachusetts, has agreed to hear a
challenge to the 1913 law that is being used to bar out-of-state gay couples from getting married in the state.
The law denies out-of-state couples the right to marry if it would be illegal in their home state.
The Supreme Judicial Court agreed in late January to hear the case, but no public announcement was made. Because
of an earlier ruling by the court, Massachusetts last year became the only state that allows gays couples to marry.
Oral arguments on the 1913 law are tentatively scheduled for September, said Joan Kenney, a spokeswoman for the court.
The court ruled 4-3 in November 2003 that the state's ban on same-sex marriage was unconstitutional and gave lawmakers
180 days to come up with a solution that would allow gay couples to wed. The first weddings took place last May.
But state officials used the 1913 law to stop nonresident couples from coming the state to get married.
Eight out-of-state gay couples sued, but a Superior Court judge ruled last August that the law was not
discriminatory. Clerks in several communities also sued, saying they were being forced to apply a
discriminatory law.
The plaintiffs appealed, and the Supreme Judicial Court agreed late last month to hear the case. The
direct review by SJC bypasses the usual review by the state Appeals Court.
Critics charge the 1913 law was written to block interracial marriages, but in its ruling the Superior Court
said the state had presented credible evidence the law was passed to prevent abuse of existing divorce laws.
A proposed amendment to the state constitution would ban gay marriage but allow civil unions. The earliest
residents could vote on it is November 2006.
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