July 11, 2008
Massachusetts Lawmakers Likely to Repeal Antique, Anti-Gay, Anti-Miscegenation Law
Legislature to take up repeal of 1913 law shortly The state legislature will likely take up a bill to repeal the 1913 law that prevents non-resident same-sex couples from marrying before the close of the legislative session at the end of this month.
Sen. Dianne Wilkerson (D-Boston), the champion of the legislation in the Senate, said she expects the repeal bill to come up for a vote in the Senate on Tuesday. She declined to say what she expected the vote count to be, but said she was optimistic the repeal bill would pass. …
Gov Deval Patrick, who has long supported repealing the 1913 law, said he looks forward to signing the repeal bill should it reach his desk. …
…[T]the Massachusetts Supreme Judicial Court upheld the constitutionality of the 1913 law in a 2006 decision in response to a court challenge from Gay and Lesbian Advocates and Defenders (GLAD), but [State Rep. Robert Spellane (D-Worcester)] said the law has blatantly been used to discriminate against same-sex couples. …
The 1913 law prevents out-of-state couples from marrying in the Bay State if their marriage would be considered void in their state of residence. Legal experts differ on the original intent of the law, but many have argued that it was designed at least in part as a way to prevent interracial couples from coming to Massachusetts to evade anti-miscegenation laws in their home state. The state had not enforced the law in decades until shortly before same-sex couples began marrying in Massachusetts in 2004.
Then-Gov. Mitt Romney resurrected the law, using it to deny marriage licenses to same-sex couples from out of state to prevent Massachusetts from becoming “the Las Vegas of same-sex marriage.” … In response to GLAD’s suit challenging the law, the Supreme Judicial Court ruled that the 1913 law was constitutional, but said that states must expressly ban same-sex marriage in order for Massachusetts to deny residents of those states the right to marry. Currently couples from California, Rhode Island, and New Mexico may marry in Massachusetts. …
Arline Isaacson, co-chair of the Massachusetts Gay and Lesbian Political Caucus, said the California decision helped bolster support for repeal within the legislature. “We’re thrilled that it’s looking very good right now, and we’ve talked to lots of legislators about it, and we’re finding a significant amount of support for the measure. I believe the support has been turbocharged since California won the right to same-sex marriage because by not being the only state in the nation, that made a difference,” said Isaacson. …
w00t! It’s about time! Good on ya, Mass!
More encouraging details at the link.
Filed under: California, Marriage Equality, Massachusetts, Mitt Romney, Race/Ethnic Issues
