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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 .
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