The New York Times
Next Battle Ready for
Mass. Gay Marriage
By AP from
nytimes.com on the Web, June 15, 2007
BOSTON -- Fresh off the
success of defending gay marriage from its latest attack, advocates say they
have one more fight in Massachusetts: Repealing a 1913 law that bars
same-sex couples in most other states from coming here to get married.
Some say the law -- which says couples cannot be married here unless their
unions would be legal in their home states -- has its roots in the effort to
block interracial marriage, and plan soon to strategize for its repeal.
Opponents of gay marriage, including the former governor and now Republican
presidential candidate Mitt Romney, have said repealing the law would make
Massachusetts the ''Las Vegas of gay marriage.''
''This radical social experiment will be exported to the other 49 states,'' Kris
Mineau, president of the Massachusetts Family Institute, said Friday.
A day earlier, lawmakers killed an effort to let voters decide on a
constitutional amendment to ban gay marriage. The defeat for gay marriage
opponents -- after more than three years of debate -- makes the successful
mounting of a future challenge even more unlikely.
Now attention turns to the state's 1913 law, which, if repealed, would mean gay
couples from other states could legally marry in Massachusetts.
The possible impact of the marriages in other states is unknown. Most
states prohibit gay marriage, but a Massachusetts certificate could provide the
foundation for legal challenges. A court challenge was the basis of
Massachusetts legalizing same-sex marriage, after gay couples were denied
marriage licenses.
Opponents of the 1913 law say it was originally approved as part of a deal with
states that barred interracial marriages and didn't want couples fleeing to
Massachusetts to marry. Others say there's little evidence to support that
claim.
After gay marriage became legal in May 2004, hundreds of couples from other
states came to Massachusetts to wed. But then-Gov. Romney directed
municipal clerks not to give licenses to out-of-state couples, citing the 1913
law.
So far, only Rhode Island allows its gay couples to wed in Massachusetts.
More than 170 marriages of gay couples from New York who wed in Massachusetts
before July 2006 have also been deemed valid, because New York had not
explicitly banned same-sex marriages until then.
The courts might not be as helpful to those who want to strike down the 1913
law.
The Supreme Judicial Court, which legalized gay marriage, upheld the 1913 law
last year, ruling that Massachusetts ''has a significant interest in not
meddling in matters in which another state, the one where a couple actually
resides, has a paramount interest.''
Mineau seconded that sentiment Friday.
''It will open the floodgates for Massachusetts to become the Mecca for same-sex
marriage,'' he said. ''Their goal is to strike down the marriage
restrictions in every state. Their launching pad will be Massachusetts.''
Arline Isaacson, co-chair of the Massachusetts Gay and Lesbian Political Caucus,
said ''no one is rushing'' to push for the repeal but she's confident it will
happen.
''In the short term, we want everyone to rest, breathe and appreciate the
incredible victory that took place,'' she said.
Marc Solomon, campaign director of MassEquality, said he expects to set up
meetings with legislative leaders and the governor sometime soon to discuss
moving a bill to repeal the law.
The state's top three political leaders -- Gov. Deval Patrick, House Speaker
Salvatore DiMasi and Senate President Therese Murray -- are all strong
supporters of gay marriage who indicted they would support repeal of the law.
David Guarino, a spokesman for DiMasi said Friday: ''As a strong supporter
of gay marriage rights, the Speaker believes the so-called 1913 law is outdated
and unfair. He believes it should be repealed.''
Senate president believes it is ''an antiquated law'' and supports its repeal,
said Murray spokeswoman Samantha Dallaire. The Senate voted to repeal the
law in 2004, but it didn't get further, she said.
Patrick's office declined to comment Friday, but the governor in April said:
''I know that the 1913 law has sort of smelly origins. I think it's
outdated. If it passes the Legislature and comes to my desk, I'll sign
it.''
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