July 15, 2008

Massachusetts Senate Does the Right Thing; Repeal of 1913 Anti-Miscegenation (& Anti-Gay) Law Now Goes to the House

Senate passes repeal of 1913 marriage law

The Massachusetts Senate today passed a bill that would repeal a 1913 state law that prevents gay and lesbian couples from most other states from marrying in Massachusetts.

The bill, which had the support of Senate President Therese Murray, passed with no objections on a voice vote. …

“There are very few laws on the books that I can say that I’m ashamed that they’re on the books,” said State Senator Mark Montigny, a New Bedford Democrat. … “This is a very simple law, contrived in shame, and it exists in shame and we ought to wipe it off the books,” he said.

“The 1913 law is a shadow, a terrible shadow. It represents a segregationist past that is best put to rest and put to rest quickly,” said Senator Harriette Chandler, a Worcester Democrat.

The law originated when lawmakers in many states were trying to prevent interracial couples from crossing state lines to marry. It fell into obscurity for decades. But it received new attention in 2004, when Republican Governor Mitt Romney invoked it after gay marriage was legalized in Massachusetts to prevent out-of-state gay and lesbian couples from marrying here and forcing their home states to consider recognizing Massachusetts marriage law. …

The bill now heads to the House, where Speaker Salvatore F. DiMasi has already expressed support. Supporters said they expected the bill to pass the House and be signed by Governor Deval Patrick by the end of the month. “If that bill comes to me, I will sign it and sign it proudly,” Patrick said Monday.