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July 30, 2008

Mass. House Repeals 1913 Law Banning Nonresident Gay Marriages

Mass. House Repeals 1913 Law Banning Nonresident Gay Marriages

The Massachusetts house voted Tuesday to repeal a law that had prohibited out-of-state gay couples from legally marrying in the Bay State. By a count of 118-35, legislators voted down the 1913 law that nullified any marriage performed in Massachusetts that was not legal in a couple's home state. The state senate approved repeal earlier this month, and the bill will now hit the desk of Gov. Deval Patrick, who has pledged to sign it, within the next week.

Marc Solomon, executive director of MassEquality, said California's supreme court ruling to legalize the marriages of both in-state and out-of-state gay couples set the ball rolling to repeal the 1913 law, which he called "the last vestige of discrimination in our state marriage laws against same-sex couples."

Solomon said there were no protesters at the chamber, though several legislators spoke out against repeal, arguing that allowing nonresident same-sex couples to marry would create chaos in other states.

"It's ironic because that's the exact same language the proponents of the 1913 law used," Solomon noted, referring to the law that was originally enacted in 1913 to prevent out-of-state interracial couples from marrying in Massachusetts. "I think history has shown what a poor argument that is, and I think there's a real sense of pride that we were first [to legalize same-sex marriage]."

But overall, he said, the votes have been virtually nonevents in terms of opposition. "The message is that people in Massachusetts, as represented by their state legislators, are fine with gay marriage."

Solomon also had his own personal victory. While standing outside the senate caucus just before the vote a couple weeks ago, he unwittingly blocked the view of marriage opponent Kris Mineau, president of the Massachusetts Family Institute.

"He said, 'Marc, you're so darn tall, I can't see in front of you.' And I said, 'Kris, that's the way God made me,' " Solomon recalled, with a hint of glee. (Kerry Eleveld, The Advocate)

Keywords:  marriage 
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