Massachusetts New Law (credit, home, live)

[RUBIES77]

Please explain to me the new law in this state that allows out-of-state gays to married, but not residents of this state? Thanks

[smarty]

My understanding is MA resident of same sex can get married for a while.


There was an old law saying they will not marry couples from out of state. Hence, the new law is just to repeal the old law to allow out of state couple to get marry in MA.

[Stockholmaren]

Yes Rubies, I think you must have misunderstood the law. It has been legal for same-sex couples to marry in MA for a few years already.

The old law had been put in place early last century to prevent interracial couples from going from other states where it was illegal to marry people from other races than your own. The current change just repealed that old law which now means that out-of-state residents can get married in MA and that marriage will be recognized here. However, it may cause some trouble in the states they are coming from since their marriages won't be recognized there - I'm sure there will be court challenges.

I'm glad to see an old law like that repealed and MA keeps leading the way - hopefully the rest of the country will soon follow.

[holden125]

Originally Posted by Stockholmaren

Yes Rubies, I think you must have misunderstood the law. It has been legal for same-sex couples to marry in MA for a few years already.

The old law had been put in place early last century to prevent interracial couples from going from other states where it was illegal to marry people from other races than your own. The current change just repealed that old law which now means that out-of-state residents can get married in MA and that marriage will be recognized here. However, it may cause some trouble in the states they are coming from since their marriages won't be recognized there - I'm sure there will be court challenges.

I'm glad to see an old law like that repealed and MA keeps leading the way - hopefully the rest of the country will soon follow.

This is right. The law from 1913 was that MA would not marry out-of-state couples if the marriage would not be recognized as legal by the state(s) where the couple lived. That meant same-sex couples from every state except maybe RI and NY, where there was no specific ban on same-sex marriage, could not be married in Mass. under Mass. law.

The 1913 law was, as stockholm says, intended to prevent people of different races coming to Mass. to get married, then returning home to a state where such marriages were unlawful (the Supreme Court didn't strike that bans on interracial marriage under the US Constitution until 1967). The old law is a shameful spot in Mass. history.

There will be litigation and some of it will involve the full faith and credit clause of the US Constitution, which basically provides that states must respect the laws and court decisons of other states. The question is whether the other states have to give credit to Mass. law and recognize the marriages. There are some cases that indicate that other states would not have to recognize the Mass. marriages if their own "legitimate public policy" goes the other way. Big question is if having a ban a gay marriage is a "legitimate public policy." The Supreme Court in its 2003 sodomy decision made clear that it was not recognizing a federal constitutional right to equal access to marriage, which is why the Mass. case was decided under the Mass. constitution.

[aaron_online]

I welcome the new Law.