Massachusetts Repeals 1913 Law Banning Out-of-State Marriages
Tuesday July 29, 2008
Several hours ago, the Massachusetts House voted 118-35 to strike down a 1913 law banning marriages by out-of-state couples. The Senate has already voted to repeal the law, and the governor has promised to sign it when it reaches his desk (which will probably happen tomorrow).
What this means is that soon, every same-sex couple in the country will be legally able to marry in Massachusetts without establishing residency. This is, in some ways, just as significant as the 2004 Massachusetts ruling that allowed same-sex marriage in the first place--because it makes marriage between same-sex couples a national reality. Even if the rights associated with marriage may or may not be available in the couple's home state, any American same-sex couple that can afford fare to Massachusetts will soon be able to become a legally married couple. And it's about time.
Related: Same-Sex Marriage in Massachusetts
What this means is that soon, every same-sex couple in the country will be legally able to marry in Massachusetts without establishing residency. This is, in some ways, just as significant as the 2004 Massachusetts ruling that allowed same-sex marriage in the first place--because it makes marriage between same-sex couples a national reality. Even if the rights associated with marriage may or may not be available in the couple's home state, any American same-sex couple that can afford fare to Massachusetts will soon be able to become a legally married couple. And it's about time.
Related: Same-Sex Marriage in Massachusetts
Comments
That’s great news! Now we need more states to allow same-sex marriages, and no one will have to worry about being able to afford the fare to MA.
D: Yes! Agreed. We also need a Supreme Court that is more concerned about Article IV of the U.S. Constitution (which, if enforced, would force states to recognize all legal out-of-state marriages) than with politics. My suspicion is that if the issue made it to the Supreme Court today, it would be 5-4 in favor of CA/MA same-sex marriages being recognized in all fifty states–but I don’t see it happening anytime soon because I don’t think the justices of the current Court actually have the guts to hand that ruling down until the culture changes…