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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (May 21, 2004)
19 ifiUUìcJAmnews Cheryl Jacques, president of the Human Rights Cam paign, commended the state for making history. "In a country that guarantees equality under law, it’s heart ening to see same-sex couples and their children in Massa chusetts being provided with the same rights, protections and responsibilities that most families in the state already take for granted.” In a statement issued by the White House, President Bush said: "The sacred insti tution of marriage should not Crowds cheer couples leaving Cambridge City Hall after applying be redefined by a few activist for marriage licenses judges. All Americans have a right to be heard in this debate.” He again called cants make on their marriage license, and several for passage of a constitutional amendment “de- municipalities have said they will not perform that fining and protecting marriage as a union of a man task but accept the marriage application as stated. and a woman as husband and wife.’ At least two district attorneys in the Bay Kevin Cathcart, executive director of Lamb State say they will not enforce the archaic law. da Legal, responded with a strong statement: "The statute has never been enforced, and now “The president needs a high school civics lesson. there’s an effort to enforce it, in my view, to pur It’s dishonest and irresponsible to attack a court sue a particular political agenda,” said Middlesex for doing its job.” County District Attorney Martha Coakley. Cathcart placed Bush in the company of seg Others have argued that because the intent regationists who attacked the decision of Brown of the 1913 statute was to limit interracial mar vs. Board of Education 50 years ago. He called it riage, the 1967 U.S. Supreme Court decision of “the same old smear tactic.” Loving vs. Virginia, which threw out all state Democratic presidential candidate U.S. Sen. laws banning interracial marriage, also nullified John Kerry of Massachusetts tried to distance the Massachusetts law. himself from the issue. His campaign took him New York Attorney General Eliot Spitzer to Kansas and Portland, and it did not issue a took Romney to task for his interpretation of press release on the historic event taking place New York law. Spitzer earlier had issued a legal in his home state. When pressed on the issue a opinion that Massachusetts marriage licenses few days earlier by a Globe reporter, Kerry re issued to same-sex couples might well be recog iterated his belief that “marriage is a status nized in the Empire State. between a man and a woman.” Connecticut Attorney General Richard Blu- menthal ducked the question in an opinion he far-right Liberty Counsel had filed a flurry released May 17. While reiterating the fact that >f legal motions and appeals in federal court the law precludes same-sex couples from marry- to try to stop issuing of the licenses in the last pre ing within the state, he said recognizing such ceding days. “They said it was going to be chaos, marriages conducted elsewhere is another matter. it’s going to be the end of the world,” U.S. District “An answer would require me to make law, Judge Joseph Tauro said in his decision. “It hasn’t not interpret it,” Blumenthal explained. “Nei been.” The appeals court and the U.S. Supreme ther the Legislature nor the courts have Quirt quickly declined to intervene as well. addressed the issue sufficiently for me to reach a A dozen of the 1,200 justices of the peace in definitive conclusion." Massachusetts resigned their positions either Rhode Island Attorney General Patrick because of religious opposition to same-sex mar- Lynch waffled on the same question. His review riage or concern about possible legal liability. “suggests that Rhode Island would recognize any Gov. Mitt Romney continues to mumble marriage validly performed in another state that he will enforce a 1913 law that prohibits unless doing so would run contrary to the strong the issuing of licenses to out-of-state couples public policy of this state.” But ultimately the whose home states prohibit same-sex marriage. matter is likely to be decided by the courts. J H The law was passed to limit interracial marriage. Town clerks have been unwilling to take on the B or R oehr is a free-lance reporter based m added responsibility of validating claims that appli- Washington, D .C . H I L L & WR E N, L L P A t t o r n e y s at L a w Personal Injuries Motor Vehicle Accidents Workers' Compensation & Work Injuries Employment Law & Discrimination Unpaid Compensation Social Security & Disability Law Civil Litigation G eoffrey G. Wren Edward J. Hill vv w \v. 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