Massachusetts and Gay Marriage

[dick_nyc]

Saw this article about Mass High Court and Gay Marriage Case:

 

 

Mass. High Court to Rule on Gay Marriage

 

November 18, 2003 09:19 AM EST

 

 

BOSTON - The debate over same-sex marriage centered on Massachusetts on Tuesday as the state's highest court prepared to issue a long-awaited ruling that could open the door for marriage licenses to be issued to same-sex couples.

 

The seven-member Supreme Judicial Court announced Tuesday morning it would issue a ruling at 10 a.m. in the case that has become the focus of international attention. Advocates on both sides predicting that the court could make Massachusetts the first state in the nation to legalize gay marriage.

 

The lawsuit was filed by seven gay couples who sued the state Department of Public Health in 2001 after their requests for marriage licenses were denied. A Superior Court judge dismissed their suit in May 2002, ruling that state law does not convey the right of marriage to gay couples, and the couples appealed.

 

The high court heard arguments in March, and hundreds of organizations and individuals across the country filed briefs on both sides of the argument.

 

The court has three options: instructing the state to give marriage licenses to the seven couples; upholding the state's authority to deny same-sex couples the right to wed; or referring the matter to the Legislature. The Legislature already considering various competing proposals to outlaw or to legalize gay marriages or civil unions.

 

Courts in Hawaii, Alaska and Vermont have previously ruled that banning gay marriage was unconstitutional, but no American court has ordered the issuance of a marriage license to gay partners, effectively legalizing gay marriage.

 

Since 2000, Vermont has recognized civil unions that give gay domestic partnerships many of the benefits of marriage.

 

Under the Supreme Judicial Court's internal guidelines, a decision would have been due in early July. But the court waived that rule, leading to a monthslong wait for a verdict.

 

 

--------------------------------------------------------------------------------

[dick_nyc]

result of court case:

 

 

Mass. Court Strikes Down Gay-Marriage Ban

 

November 18, 2003 10:12 AM EST

 

 

BOSTON - Massachusetts' highest court ruled Tuesday that same-sex couples are legally entitled to wed under the state constitution, but stopped short of allowing marriage licenses to be issued to the couples who challenged the law.

 

The Supreme Judicial Court's 4-3 ruling ordered the Legislature to come up with a solution within 180 days.

 

The ruling closely matches the 1999 Vermont Supreme Court decision, which led to its Legislature's approval in 2000 of civil unions that give couples many of the same benefits of marriage.

 

The decision is the latest in a series of victories for gay rights advocates, but fell short of what the seven couples who sued the state had hoped to receive: the right to marry their longtime companion.

 

The Massachusetts question will now return to the Legislature, which already is considering a constitutional amendment that would legally define a marriage as a union between one man and one woman. The state's powerful Speaker of the House, Tom Finneran of Boston, has endorsed this proposal.

 

A similar initiative, launched by citizens, was defeated by the Legislature last year on a procedural vote.

 

 

--------------------------------------------------------------------------------

[guptasa1]

At least it's some progress. One step at a time. Thanks for posting this.

[Guest fukamarine]

>At least it's some progress. One step at a time. Thanks

>for posting this.

 

Anderson Cooper (CNN) did a story on this last night. They also conducted a poll asking how many approved/disapproved of same sex marriage. Although he admitted the poll was not scientific, the results were amazing. 70% in favour - 30% against. I was very surprised!

 

fukamarine