Just got this from Abigail Garner's newsletter, which is highly recommended: Boston.com / News: Massachusetts court rules ban on gay marriage is unconstitutional
By Associated Press, 11/18/2003BOSTON -- Massachusetts' highest court ruled Tuesday that same-sex couples are legally entitled to wed under the state constitution, but stopped short of immediately allowing marriage licenses to be issued to the couples who challenged the law.
The court, in a 4-3 ruling, ordered the Legislature to come up with a solution within 180 days.
"Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support. It brings stability to our society," Chief Justice Margaret Marshall wrote in the long-awaited ruling. "For those who choose to marry, and for their children, marriage provides an abundance of legal, financial and social benefits. In return, it imposes weighty legal, financial, and social obligations."
The Supreme Judicial Court's ruling closely matches the 1999 Vermont Supreme Court decision, which led there to the Legislature's approval in 2000 of civil unions that give couples many of the same benefits of marriage.
Not quite time to pop open the champagne yet, as the mailing says:
This does not mean, however, that same-sex couples in Massachusetts will be able to tie the knot immediately. The Legislature now has 180 days to come up with a solution that responds to the decision.Links for additional information:
Gay and Lesbian Advocates and Defenders (GLAD) Website: http://www.glad.org
Website for the Supreme Judicial Court of Massachusetts: (a very long URL that messed up the page formatting, so just click)
CNN article: http://www.cnn.com/2003/LAW/11/18/gay.marriage.reut/index.html
Boston Globe article: http://www.boston.com/news/daily/18/gay_marriage.htm
So, six months at least until a resolution. But it's something.
Doubt I'd be so patient and accepting of baby steps like this if I was directly affected, and I'm hardly one to counsel others on patience. But with Bush and Co. running the show, any good news seems like a blessing.
This entry is dedicated to the Nubian Goddess: Abigail Garner
Baby steps are terrifying. If I'm correct, the MA legislature cannot attempt a constitutional change to bar Gay Marriage a la Hawaii. That's heartening, and I hope it spurs other states to give up the fight to maintain hateful, irrational laws against me marrying someone I love.
New York City (and by extension, New York State) should have been the catalyst for change. But I'll be happy if the Supremes keep their hands off of this ruling and the New York City Council follows suit.
Of course, I ain't holding my damn breath.
They can, but any amendment or referendum would take til 2006, I think. Of course, it can be done retroactively. And in the case of the horrid Hawaii situation, the court allowed the thing to sit and sit until the legislature rendered it moot. Not to mention that the Mass legislature is considering DOMAlike legislation. Believe me the hounds of hell are at work in Mass to overturn the court's overturning of the ban. After Hawaii, I take nothing for granted, and I refuse to relax or celebrate until the deal is done--and even then, there is always the chance that the 'phobes will mobilize to repeal repeal repeal.
My patience was lost eons ago. Frankly, people not directly affected ought to be as outraged as those of us who are. No one is truly equal until we all are. And as decent people, we should care just as much and be just as angry and active if our neighbor is unequal under fucking LAW.
Wow. Guess I had steam to let loose. Much love.