Mass. High Court Rules for Gay Marriage

Associated Press Writer ^ | Wed, Feb 04, 2004 | JENNIFER PETER

[presidio9]

BOSTON - The Massachusetts high court ruled Tuesday that only full, equal marriage rights for gay couples — rather than civil unions — would meet the edict of its November decision, erasing any doubts that the nation's first same-sex marriages would take place in the state beginning in mid-May.

AP Photo Slideshow: Same-Sex Marriage Issues

The court issued the opinion in response to a request from the state Senate about whether Vermont-style civil unions, which conveyed the benefits — but not the title of marriage — would meet constitutional muster.

The much-anticipated opinion sets the stage for next Wednesday's Constitutional Convention, where the Legislature will consider an amendment that would legally define marriage as a union between one man and one woman. Without the opinion, Senate President Robert Travaglini had said the vote would be delayed.

The Supreme Judicial Court ruled in November that same-sex couples have a constitutional right to marry, and gave the Legislature six months to change state laws to make it happen.

But almost immediately, the vague wording of the ruling left lawmakers — and advocates on both side of the issue — uncertain if Vermont-style civil unions would satisfy the court's decision.

The state Senate asked for more guidance from the court and sought the advisory opinion, which was made public Wednesday morning when it was read into the Senate record.

[Jim Noble]

By the way, Emma Clare arrived 1/27/04 safely at 7 lbs. 10 oz. and is now home with mother, safely.

She's my #6, daughter #4.

[Dalan]

"Vote against the vile left wing. If you want dysfunction, you'll find it on the left."

Oh, I know! I categorically vote against Democrats. It just feels so hopeless here in the People's Socialist Republic of Taxachusetts...

[concerned about politics]

If the legislators feel they cannot, in good conscience, follow the court order, they should resign.

Wrong. The legislature makes the laws.
If the judges can't, in good conscience, follow state laws, they should resign.

[KeyTapper]

Look on the bright side. This might not be a bad thing. Give them a generation of the left marrying their own gender, and they might not have very many voters left.

They've already reduced their ranks in young voters thanks to birth control and aborting their babies.

[Adam-ondi-Ahman]

The MA Supreme Court is ordering the Legislature to pass a law legalizing same-sex "marriage". Doesn't Governor Romney have to sign it? Would he being "mandated" to do so? Governor Romney's religious convictions dictate that he can't, in good conscience, sign it.

[Jim Noble]

This court order is invalid on the face of it and should be completely ignored.

Well, it only took 218 posts, but at last we're down to it.

The laws are made by the People, acting through their Representatives. That's what the Federal constitution means when it authorizes the Federal government to guarantee each state a republican form of governemnt (Art. IV, s. 4).

Under no circumstances can a court order the People to pass a law. Such an order is an absurdity.

[AppyPappy]

Two things:

Vermont had/has gay marriage
No one wanted one

[knak]

I think I'm going to vomit...

My sentiments exactly!

[McGavin999]

Seven years tomahawk. That's what it takes to ammend the Constitution. Something has to be done in the meantime, I'm not sure what, but something does have to be done. Wonder how long it takes to throw a state out of the US?

[cajungirl]

My disagreement is with his dishonest use of statistics to try to buttress his point. I do think aids is a public health problem and needs to be dealt with as such but I just don't think it is the most important public health problem deserving of a disproportionate amount of resources. And I do believe the political agenda of the gay lobby has resulted in the spread of this disease, the reluctance to take responsibility for getting it. And I think the attempt to reframe this disease as "our disease" is dishonest and manipulative. This is no more my disease than elephantiasis is and I resent the attempt to hoodwink me into thinking what I know to be false. Nevertheless it does need to be treated, a vaccine would be worthwhile and public health measures ought to be taken. I am not talkiing about interning, I am talking about the usual things done with STDS including informing contacts and reporting the disease.

[Dalan]

"Under no circumstances can a court order the People to pass a law. Such an order is an absurdity."

Apparently it's not so absurd here in MA. From what I can tell, there IS NO legislative outry about this. Most of the state legislature is either supportive or silent about it. The majority is opposed to a state Constitutional amendment protecting marriage.

I'm dismayed.

[KeyTapper]

Amen!

[jla]

But it is clear now that legal protections and civil rights is not what this is about at all. It's about altering the very definition of our culture and society, to suit the whims of a radical, tiny minority... The manner in which the gay agenda is being forced down our throats is completely polarizing me - I won't even support civil unions now - the Gay community and their allies in the activist judiciary have made it perfectly clear what their agenda is, and I don't like it.

You'll be called a "homophobe" now by the liberals.
Welcome to the club, & welcome to FreeRepublic.

[johnny7]

AIDS is rather rare.

...and preventable for the most part. That it is an 'epidemic' is to say that stupidity is also. I may have said something profound!

[presidio9]

Perhaps we can permanently quarantine all those who have AIDS or are discovered to have it and we can resolve your disagreement. It is the leprosy of our time and is quite cummonicable and ought to be dealt with as the public health problem that it is.

A close friend of mine who was a hemophiliac died of AIDS back in the 80's at the age of 14. He did not deserve to be outcast. The spread of AIDs is a symptom of the crime, not the crime itself.

[templar]

The slope just became a little more slippery.

More like verticle.

[cajungirl]

One of the few deadly diseases on the planet that is almost entirely preventable. Amazing isn't it. Billions for something that any reasonable person would take action not to get. Amazes me no end. And also amazing is the way the public has taken up the banner, like this could happen to all of us any moment.

[Dalan]

The slope just became a little more slippery.

-- More like verticle.

Yeah - we're in free-fall now.

[BlackElk]

Sorry, I forgot about New Hampshire. With the arrival of Emma Clare as #6, God has truly blessed you. Keep up the good work!

[cajungirl]

No one suggested quaranteening. But you do know that the gay lobby has made it impossible to ask a blood donor if he is gay,,am I correct on that still? That amazes me too. Political correctness to death. I think that is the thing about the entire aids epidemic that is so disheartening,,PC behavior reigned from the beginniing when no one in San Francisco would act to close the bathhouses where the epidemic was raging until it got out of control.