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SJC upholds law barring out-of-state gay couples from marriage
alliancedefensefund.org ^ | Alliance Defense Fund update quoting Boston Globe | Jonathan Saltzman

Posted on 03/30/2006 8:18:57 AM PST by dukeman

In an eagerly awaited landmark decision, the state's highest court ruled today that Governor Mitt Romney and Attorney General Thomas F. Reilly had the authority to invoke a 1913 state law that Massachusetts used to block out-of-state gay couples from marrying here when same-sex marriage became legal in 2004.

The Supreme Judicial Court upheld the 1913 law when it was used to block same sex-couples from Connecticut, Maine, New Hampshire, and Vermont, because gay marriage is prohibited in those states.

The court, however, did not rule on the claims of the couples from New York and Rhode Island because state laws there are unclear about whether same-sex marriage is barred. The court sent the case back to Superior Court Judge Carol Ball, who upheld the 1913 law that was appealed, to determine on an "expedited basis" when same-sex marriage is legal in those two states.

The Supreme Judicial Court said the state did not overstep its bounds, though a lawyer for eight lesbian and gay couples from outside Massachusetts had argued in October that the officials had dusted off a 48-word law that had "sat on the shelf unused for decades" in a blatantly discriminatory and unconstitutional ploy.

The law, whose constitutionality was defended before the court by Reilly's attorneys, says Massachusetts cannot marry an out-of-state couple if their marriage would be void in their home state. Romney had said he did not want Massachusetts to become the "Las Vegas of same-sex marriage."

The Opinion:
Cote-Whitacre v. Dept. of Public Health, No. SJC 09436 (Mass. March 30, 2006)

http://weblinks.westlaw.com/Search/default.wl?RP=%2FWelcome%2FFrameless%2FSearch%2Ewl&n=1&ACTION=SEARCH&bhcp=1&bQlocfnd=True&CFID=0&DB=MA%2DORSLIP&Method=TNC&query=to%28allsct+allsctrs+allsctoj%29+&RLT=CLID%5FQRYRLT2569303&RLTDB=CLID%5FDB2569303&sp=MassOF%2D1001&ssl=n&strRecreate=no&sv=Split&RS=WEBL6.03&VR=2.0&SPa=MassOF-1001

SJC website:
http://www.mass.gov/courts/courtsandjudges/courts/supremejudicialcourt/


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; US: Massachusetts
KEYWORDS: buttbuddies; court; deviancy; deviants; flamers; fudgeimportban; gay; gays; homos; homosexual; homosexualagenda; perversion; perverts; pudding; queers; romney; ruling; saladbarsoutlawed; samesexmarriage; sexualdeviancy; sjc; sodomites; taxachusetts; unnatural
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Another sodomite loss.
1 posted on 03/30/2006 8:18:59 AM PST by dukeman
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To: dukeman
Another sodomite loss.

And now on to the Federal courts.

2 posted on 03/30/2006 8:23:24 AM PST by Gay State Conservative
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To: Gay State Conservative
And now on to the Federal courts.

Possibly to become the Roe vs Wade of homos.

3 posted on 03/30/2006 8:35:08 AM PST by shekkian
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To: dukeman

I'm surprised, though they are probably just trying to cover themselves. In their view of our government, state supreme courts rule. So without those state courts giving them the go-ahead, they hesitate. It wouldn't surprise me if the NY and Rhode Island hesitations have more to do with court cases pending in those states. But I don't know. All I can say is that they took language common to all and redefined it according to their own desires in order to legalize gay marriage in their state. So it's not the wording of laws and constitutions that holds them back. It must be their mental submission to the ruling courts of those other states. Or they didn't figure they could get away with it at this time, given the fact that so many states have passed marriage amendments after their little amoral, power-grabbing stunt


4 posted on 03/30/2006 8:40:23 AM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: dukeman

Ping.


5 posted on 03/30/2006 8:44:52 AM PST by Calusa (I believe above the storm, The smallest Prayer will still be heard.)
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To: dukeman

A surprisingly good decision from the SJC.


6 posted on 03/30/2006 9:05:17 AM PST by NinoFan
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To: dukeman

"The Supreme Judicial Court upheld the 1913 law when it was used to block same sex-couples from Connecticut, Maine, New Hampshire, and Vermont, because gay marriage is prohibited in those states."

Them folks would have invoked the laws in effect when the pilgrims landed in Plymouth, if they could have gotten away with it...


7 posted on 03/30/2006 9:09:51 AM PST by Mrs. Darla Ruth Schwerin
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To: dukeman
a 48-word law that had "sat on the shelf unused for decades"

Unused because it hadn't been needed. When courts change laws willy-nilly, it's nice to know that there's still some backup legislation out there. It's not like that law was being violated for the last 90 years and it wasn't enforced.

8 posted on 03/30/2006 9:14:47 AM PST by Tanniker Smith (I didn't know she was a liberal when I married her.)
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To: Mrs. Darla Ruth Schwerin

"Them folks would have invoked the laws in effect when the pilgrims landed in Plymouth, if they could have gotten away with it..."

Thats a good thing, if it keeps the sodomites from infesting every state.


9 posted on 03/30/2006 9:21:42 AM PST by Beagle8U (John McCain, you treasonous bastard)
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To: dukeman

So does this mean the marriage of lesbian couple from FL, that filed suit in FL to make FL recognize their MA marriage, is now null-and-void?


10 posted on 03/30/2006 9:23:38 AM PST by OXENinFLA
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To: NinoFan

Good news. Now to have the Federal Court rule the same!!


11 posted on 03/30/2006 9:27:38 AM PST by pollywog (Psalm 121;1 I Lift my eyes to the hills from whence cometh my help.)
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To: dukeman
state law that Massachusetts used ... to block same sex-couples from Connecticut, Maine, New Hampshire, and Vermont, because gay marriage is prohibited in those states.

It's those intolerant red states of Jesusland again!

12 posted on 03/30/2006 9:38:55 AM PST by Sloth (Archaeologists test for intelligent design all the time.)
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To: dukeman

a 48-word law that had "sat on the shelf unused for decades"

Not true. Massachusetts will not allow 14-year-old first cousins from Tennessee to marry because the marriage is not valid in their home state.

The Mass SJC is beginning to feel the heat from their last judicial fiat (gay marriage) and is waiting for things to settle down, which they will not. The Massachusetts judicial elite do not fully comprehend that the citizens are getting their news from sources other than the Boston Globe, and the heat is only going to be turned up.


13 posted on 03/30/2006 9:44:36 AM PST by Make It In Mass (Don't vote for unopposed candidates, it only encourages them.)
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To: dukeman

This decision must be heartbreaking for the f****p****s of American. What'll they do now?


14 posted on 03/30/2006 9:46:15 AM PST by EndWelfareToday (Live free and keep what you earn.)
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To: dukeman
a lawyer for eight lesbian and gay couples from outside Massachusetts had argued in October that the officials had dusted off a 48-word law that had "sat on the shelf unused for decades"....

It's the U.S. Constitution that has sat on the shelf unused for decades, IMHO.

15 posted on 03/30/2006 9:50:55 AM PST by Albion Wilde (Total healing for Gavin IJN)
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To: OXENinFLA

"So does this mean the marriage of lesbian couple from FL, that filed suit in FL to make FL recognize their MA marriage, is now null-and-void?"


No. This was a state court.


16 posted on 03/30/2006 9:56:53 AM PST by Preachin' (Enoch's testimony was that he pleased God: Why are we still here?)
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To: DirtyHarryY2K; DBeers

Here's the other one (so far). Looks good to me.


17 posted on 03/30/2006 10:04:19 AM PST by little jeremiah (Tolerating evil IS evil.)
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To: AFA-Michigan; AggieCPA; Agitate; AliVeritas; AllTheRage; An American In Dairyland; Annie03; ...
Homosexual Agenda Ping!

FReepmail if you want on/off the ping list.

Free Republic homosexual agenda keyword search

18 posted on 03/30/2006 10:11:49 AM PST by DirtyHarryY2K ("Ye shall know them by their fruits" ;-))
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To: Preachin'
No. This was a state court.

Yeah, they were from FL got "married" in MA. so their MA "marriage" is now null-and-void.

I think their court case got tossed out already.

19 posted on 03/30/2006 10:20:27 AM PST by OXENinFLA
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To: dukeman

Can't the court just rule that homosexual "marriage" is absurd?


20 posted on 03/30/2006 10:47:16 AM PST by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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