Court: gay couples
from R.I. can marry in Mass.
By Michael Levenson,
boston.com from the Web, September 29, 2006
In a significant victory for gay
rights advocates, a Superior Court judge ruled today that a lesbian couple from
Rhode Island may wed in Massachusetts , finding that Rhode Island’s laws do not
explicitly prohibit same-sex marriages.
The ruling by Judge Thomas Connolly is the first to find that same-sex couples
from outside Massachusetts may wed under the Supreme Judicial Court 's 2003
ruling that legalized same-sex weddings in the Bay State.
Wendy Becker and Mary Norton of Providence , R.I., had argued in court that a
1913 law that forbids out-of-state residents from marrying in Massachusetts did
not apply to them because Rhode Island does not specifically ban gay marriage.
In a 9-page ruling, Connolly agreed with the couple.
"No evidence was introduced before this court of a constitutional amendment,
statute, or controlling appellate decision from Rhode Island that explicitly
deems void or otherwise expressly forbids same-sex marriage," he wrote.
Attorney General Thomas F. Reilly, who had defended the 1913 law in court, said
officials in Rhode Island could challenge the decision, but said his office
would not appeal.
"In Massachusetts," Reilly said in a statement, "pursuing this matter further in
the courts would be a waste of time and resources."
Gay rights advocates hailed the decision.
"At last the fence of discrimination has been removed at the border of
Massachusetts and Rhode Island," said Michele Granda, an attorney who
represented Becker and Norton, in a statement. "Loving, committed, Rhode
Island couples can now affirm their relationships in the most public and
respected way our society knows."
Opponents of same-sex marriage, however, assailed the ruling.
"Once again, the citizens are the victims of having marriage redefined by a
court instead of by the people," said Kris Mineau, president of the
Massachusetts Family Institute. "This creates a new level of legal chaos
for regulators and lawmakers in the state of Rhode Island and any state that
does not expressly forbid same sex marriage. It also furthers the notion
of Massachusetts becoming the Las Vegas of gay marriage."
Eric Fehrnstrom, a spokesman for Governor Mitt Romney, echoed the same
sentiment.
"The ruling is illogical, and I think Governor (Donald L.) Carcieri and the
people of Rhode Island will be surprised to learn that gay marriage is
permissible in their state," Fehrnstrom said in a written statement.
Fehrnstrom added: "We're reminded that the only sure way to protect traditional
marriage is with a federal marriage amendment."
For the plaintiffs in today's case, however, the ruling was welcomed.
Becker and Norton, partners for 19 years, and the parents of two children, said
they planned to wed.
"After a very long engagement, we are thrilled to be able to marry and provide
our family with the legal protection and social recognition we deserve," Becker
said in a statement. "As the parents of two wonderful young children, our
desire to marry has always been with them in mind. We want them to feel
their family is as worthy as any other."
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