SJC: Civil Unions Not Enough; Gays Can Marry
Court Says Same-Sex Couples Entitled To Marriage Rights
POSTED: 11:32 am EST February 4,
2004
UPDATED: 3:39 pm EST February 4,
2004
BOSTON -- The state's highest court cleared the way Wednesday for the nation's first same-sex marriages to take place in the state in just a few months.
NewsCenter 5's David Boeri reported that in responding to a request from the state Senate about civil unions, the state's Supreme Judicial Court ruled they just aren't good enough.The court effectively shut the door on any legislative or judicial challenge to its historic ruling last November. By the same margin, 4-3, the majority reaffirmed its opinion that gay marriage is constitutional and anything to reverse it is unconstitutional."The history of our nation has demonstrated that separate is seldom, if ever, equal," the four justices who ruled in favor of gay marriage wrote in the advisory opinion. "The (civil unions)
bill maintains an unconstitutional, inferior, and discriminatory status for same-sex couples."That advisory opinion to the Senate, which had been contemplating the passage of a civil union bill that would fall short of recognizing gay marriage, seemingly kills any short range chance of overturning the Supreme Judicial Court's ruling in November, which declared same sex marriages to be constitutional.The November decision has been targeted by Catholic bishops and Gov. Mitt Romney for reversal, who responded to Wednesday's action saying, "While we've heard from the court, we haven't heard yet from the people of Massachusetts."Romney said that it's too important an issue to be left to a one vote majority of the court."I think this advisory opinion comes as no surprise in light of the language of the original Goodrich decision. We felt that that decision left virtually no room for the interpretation that was put forth by the Romney administration and others," Massachusetts Bar Association President Richard Van Nostrand said.He said that the only way to change the law would be to amend the state's constitution.
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