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State To Review Non-Resident Gay Marriage Licenses

Governor May Seek Injunctions Against Town Clerks

POSTED: 6:06 am EDT May 19, 2004
UPDATED: 7:48 am EDT May 19, 2004

Two days after Massachusetts became the first state in the nation to issue marriage licenses to gay couples, Gov. Mitt Romney has called for an inspection of the out-of-state applications that are illegal under state law.

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NewsCenter 5's Gail Huff reported that Romney has ordered four communities to send copies of the out-of-state applications to his legal team so that they can be reviewed. It's unclear what course the state lawyers may take. They have several options, including going to court to seek an injunction against the applicants, they could reject the applications before a mandatory three-day waiting period is completed, or they could nullify the licenses.

Romney was not making any comment about which course of action his office may take against town clerks who have openly defied a state law that bars out-of-state couples from marrying in Massachusetts if the marriage is illegal in their home state.

The governor is reportedly leaning toward seeking injunctions against clerks who continue to defy the law. Since Monday, clerks in Somerville, Provincetown, Worcester and Springfield, Mass., have been defying the law and issuing licenses to non-resident homosexuals who have no plans to move here.

Somerville's mayor said he will comply with the governor's order to turn over the non-resident applications.

"There's a line in the law from 1913 which was motivated to stop interracial marriages in the state, to be used as an impediment here for same-sex marriages. It's not acceptable. It's outrageous," said Somerville Mayor Joe Curtatone.

In a prepared statement, the governor's spokesperson said, "Same-sex marriage is not legally permissable in any state in the nation except Massachusetts. We've contacted every governor and every attorney general in the country and asked them to tell us if we are wrong in our view. Not one of them has indicated that gay marriage is legal in their state," said Shawn Feddeman.

Attorneys for the gay couples say they'll got to court to fight the constitutionality of the state law that prohibits non-resident couples from marrying in the state.


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