A lesbian couple
from Rhode Island has the right to marry in
Massachusetts because laws in their home state do not
expressly prohibit same-sex marriage, a judge in
Boston ruled Friday. Wendy Becker and Mary Norton
of Providence, R.I., argued that a 1913 law that forbids
out-of-state residents from marrying in Massachusetts if
their marriage would not be permitted in their home
state did not apply to them because Rhode Island does
not specifically ban same-sex marriage.
Superior court judge Thomas Connolly agreed.
''No evidence was introduced before this court of a
constitutional amendment, statute, or controlling
appellate decision from Rhode Island that explicitly deems
void or otherwise expressly forbids same-sex
marriage,'' he ruled.
Gay and Lesbian Advocates and Defenders, which
represented the couples, hailed the decision ''as
another step toward marriage equality.'' Massachusetts
attorney general Thomas Reilly said he would not appeal
Connolly's ruling.
Reilly's office had argued that the Rhode Island
laws' use of gender-specific terms--including
both ''bride'' and ''groom''--made it clear that
the laws' intent was to define marriage as a union between a
man and a woman. But in a statement after Connolly's ruling
was issued, Reilly said appealing the decision would
be a waste of time and money, adding, ''This case has
always been about respecting the laws of other states.''
After Massachusetts became the first state in
the country to legalize same-sex marriage in 2004,
couples from many other states began lining up to get
marriage licenses there. But Gov. Mitt Romney directed
municipal clerks not to give licenses to out-of-state
couples, citing the 1913 law.
Eight couples from six nearby states challenged
the law. In March the Massachusetts supreme judicial
court ruled that Massachusetts could use the 1913 law
to bar gay couples from Connecticut, Maine, New Hampshire,
and Vermont from marrying there. But the court said the laws
were unclear in New York and Rhode Island and sent
that part of the case back to a lower court for clarification.
In July, New York State's highest court said
that its state law limits marriage to male-female
couples. Connolly cited the New York court's decision
in his ruling, saying that state expressly prohibits
same-sex marriage. That left only the Rhode Island
couples free to marry in Massachusetts. (Denise
Lavoie, AP)
