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November 18, 2003
Massachusetts Court: State Wrong to Ban Gay Marriage
Washington Post: Massachusetts Court: State Wrong to Ban Gay Marriage
[Massachusetts' Supreme Judicial Court] rejected the state's chief argument in favor of the ban: that the purpose of marriage is "procreation." That, the court concluded, is largely a cover for "persistent prejudices" against homosexuals.
It then took the extraordinary step of redefining the common law definition of marriage in Massachusetts.
Marriage, under the law, is not merely a union between a man and a woman, the court said.
Rather, it is "the voluntary union of two persons as spouses, to the exclusion of all others."
...
The ruling is similar to a 1999 Vermont Supreme Court decision, which led to its legislature's approval in 2000 of civil unions that give couples many same benefits of marriage.
The Massachusetts decision went further, however, by adhering to the concept of "marriage" alone. Marriages are recognizable across state lines. Civil unions are not.
The Republicans will use this as a key issue.
Posted by glyphic at November 18, 2003 01:05 PM