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Senate Asks Court If Civil Union Bill Is OK

SJC's Decision Expected In Month

POSTED: 8:12 am EST December 11, 2003
UPDATED: 8:05 pm EST December 11, 2003

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The state senate asked the Supreme Judicial Court Thursday if a watered-down version of gay marriage would satisfy the high court.

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NewsCenter 5's Janet Wu reported that, last month, the court ruled that gay couples were entitled to all of the rights and benefits of marriage.

But some legislators are hoping legalizing civil unions for same sex couples might pre-empt the need for gay marriages.

Both opponents and proponents of gay marriage joined forces Thursday in initially approving a Vermont-style gay civil union bill. The bill was sent to the SJC for an advisory opinion to see if it would pass legal muster.

"There are a number of legal experts whose opinions differ on the interpretation. Our intention was not to alter or modify the decision of the court -- it was just to seek clarification," said Senate President Robert Travaglini.

"We know he's not trying to hurt us. He is trying to figure out what is right and the best thing to do and what options the Legislature has, " said Gay and Lesbian Political Caucus' Arline Isaacson. "While we don't agree with it, we're confident the court will remain consistent. They were very clear that they supported civil marriage rights for everyone, and we are very confident they are going to stick with it."

The key differences between civil unions and marriages is that state-approved unions do not qualify for federal benefits. For example, Social Security, Medicare, private pensions and any out-of-state deaths would not recognize a partner's legal rights. Gay marriage, however, might allow these benefits.

"Marriage is the only way for us to access 1,400 rights, benefits and protections. Civil unions wouldn't give us 1,400 -- it only gives us 350," said Isaacson.

The Catholic Church is ignoring Thursday's actions and focusing on an all-out ban on gay marriages.

"We want our constitution specifically to say marriage is defined by one man and one woman. We hope it is successful," said Massachusetts Catholic Conference's Gerald D'Avolio.

"My preference would be a final outcome that leads to domestic partnership benefits I thought was appropriate, rather than a gay marriage equivalent to a complete civil union-type of proposal," said Massachusetts Gov. Mitt Romney.

The process for banning gay marriages through a constitutional amendment begins Feb. 11, and it could take years.

Romney won't say what he will do if a civil union bill lands on his desk before then.

The SJC is not expected to offer an advisory opinion for at least a month.

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