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National Gay and Lesbian Task
Force: Massachusetts' court ruling on 1913 law disappoints, time
now for state legislature to abolish arcane law
WASHINGTON, March 30— Massachusetts' high court today
ruled that same-sex couples from states where same-sex marriage
is prohibited cannot marry in Massachusetts. The Supreme
Judicial Court upheld a 1913 state law that forbids nonresidents
to marry in Massachusetts — which in 2004 became the first
state to allow same-sex marriage — if their marriage would
not be recognized in their home state.
Statement by Eleanor (Eldie) D. Acheson Task
Force Public Policy and Government Affairs Director
"Today's Massachusetts court ruling upholding the archaic
1913 law is disappointing. Other states that adopted such
statutes in the early 20th century have long since abolished
them. Unfortunately, the court today did not follow suit.
"There are, however, two positive elements in the decision.
First, the Rhode Island and New York couple plaintiffs may
proceed and establish that their marriages would not be
prohibited in their home states. Perhaps the wrenching sight of
Rhode Island and New York couples litigating their respective
state laws in a Massachusetts court may lead those two states to
the right result: the unambiguous legalization of same-sex
marriage. Second, the court emphasized its clear hope that, just
as the Massachusetts law in question accommodates the policy
interests of other states, that others states will recognize
same-sex marriages validly entered into in Massachusetts. We
hope so, too.
"The best possible course in the near future is for the
Massachusetts legislature to do away with this arcane and
discriminatory statute.
"The Task Force commends the courage of the plaintiffs in
this case and the ongoing dedication and extraordinary work of
their attorneys at Gay & Lesbian Advocates & Defenders
(GLAD)."
* In addition to New York and Rhode Island, New Jersey,
New Mexico and the District of Columbia do not have laws that
expressly prohibit same-sex marriage.
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Founded in 1973, the National Gay and Lesbian
Task Force Foundation (the Task Force) was the first national
lesbian, gay, bisexual and transgender (LGBT) civil rights and
advocacy organization and remains the movement's leading voice
for freedom, justice and equality. We work to build the
grassroots political strength of our community by training state
and local activists and leaders, working to strengthen the
infrastructure of state and local allies, and organizing
broad-based campaigns to build public support for complete
equality for LGBT people. Our Policy Institute, the community's
premier think tank, provides research and policy analysis to
support the struggle for complete equality. As part of a broader
social justice movement, we work to create a world that respects
and makes visible the diversity of human expression and identity
where all people may fully participate in society. Headquartered
in Washington, D.C., we also have offices in New York City, Los
Angeles, Cambridge, Mass., and Miami. The Task Force is a
501(c)(3) corporation incorporated in Washington, D.C.
Contributions to the Task Force are tax deductible to the full
extent allowed by law.
Copyright © 2006 National Gay and Lesbian
Task Force
Creating Change(TM) is a trademark of the
National Gay and Lesbian Task Force.
All other trademarks
mentioned herein belong to their respective owners.
The Task
Force Foundation is a non-profit 501(c)(3) organization. Tax ID
#52-1624852.
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