Massachusetts May Force Court To Deal With Gay Marriage Leader Says
Thu. December 4, 2003 12:00 AM by 365gay.com
Chicago, IL -
Tom Finneran, the powerful leader of the Massachusetts House said Thursday that the legislature may let the deadline for legalizing gay marriage pass without taking any action.
The state's supreme court ruled last month that it is unconstitutional to deny same-sex couples the right to marry, and gave the legislature 180 days to rewrite the law. (story)
"No action is always an option,'' Finneran told a group of newspaper publishers in his first public comments since the court ruling.
Finneran, a Democrat, said he is opposed to gay marriage, but would consider civil unions. That position has also been embraced by Republican Gov. Mitt Romney and the Massachusetts attorney general.
Finneran is faced with proposed bills that would grant same-sex marriage, grant only civil unions, and one that would start the ball rolling for a state constitutional amendment banning gay marriage. Finneran supports the constitutional amendment.
By doing nothing, the contentious issue that could have repercussions on both Democrats and Republicans at the polls, it would force the question back to the court. The court has the power to amend the law and make clear whether it will be civil unions or full marriage rights.
That would leave the legislature only to deal with the proposed constitutional ban. A recent poll showed that most members of the State House oppose an amendment. (story) Even if it did pass the legislature, because of the complexities of Massachusetts law, could not be put to voters until 2006.
Finneran did not say if he believes the court ruling would automatically take effect if the 180 days expires without a change in law.
He said that the high court's ruling left important questions unanswered, such as whether other states would be required to recognize the Massachusetts marriages of gay couples.
While marriage licenses in the state are available only to residents, Finneran posed the question of what would happen to a same-sex couple which moved out of Massachusetts.
"If a gay couple or lesbian couple gets married in Massachusetts and moves to Kansas, I don't know what the federal constitution is going to impose in terms of recognition about the validity of that relationship under Kansas law,'' said Finneran.
"It is a decision that has very serious implications legal, cultural, social implications for 270 million Americans,'' he said.
by Michael J. Meade
365Gay.com Newscenter
Boston Bureau
©365Gay.com® 2003
The state's supreme court ruled last month that it is unconstitutional to deny same-sex couples the right to marry, and gave the legislature 180 days to rewrite the law. (story)
"No action is always an option,'' Finneran told a group of newspaper publishers in his first public comments since the court ruling.
Finneran, a Democrat, said he is opposed to gay marriage, but would consider civil unions. That position has also been embraced by Republican Gov. Mitt Romney and the Massachusetts attorney general.
Finneran is faced with proposed bills that would grant same-sex marriage, grant only civil unions, and one that would start the ball rolling for a state constitutional amendment banning gay marriage. Finneran supports the constitutional amendment.
By doing nothing, the contentious issue that could have repercussions on both Democrats and Republicans at the polls, it would force the question back to the court. The court has the power to amend the law and make clear whether it will be civil unions or full marriage rights.
That would leave the legislature only to deal with the proposed constitutional ban. A recent poll showed that most members of the State House oppose an amendment. (story) Even if it did pass the legislature, because of the complexities of Massachusetts law, could not be put to voters until 2006.
Finneran did not say if he believes the court ruling would automatically take effect if the 180 days expires without a change in law.
He said that the high court's ruling left important questions unanswered, such as whether other states would be required to recognize the Massachusetts marriages of gay couples.
While marriage licenses in the state are available only to residents, Finneran posed the question of what would happen to a same-sex couple which moved out of Massachusetts.
"If a gay couple or lesbian couple gets married in Massachusetts and moves to Kansas, I don't know what the federal constitution is going to impose in terms of recognition about the validity of that relationship under Kansas law,'' said Finneran.
"It is a decision that has very serious implications legal, cultural, social implications for 270 million Americans,'' he said.
by Michael J. Meade
365Gay.com Newscenter
Boston Bureau
©365Gay.com® 2003
This article originally appeared on 365gay.com. Republished with permission.