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Gays Can Marry in Massachusetts

Court Rules Same-Sex Marriage Ban Unconstitutional

By Kathy Belge, About.com

November 18, 2003

The Massachusetts Supreme Judicial Court ruled today that gays and lesbians have the same right to marry as heterosexual couples.
Chief Justice Margaret H. Marshall stated, "Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial and social benefits. In return it imposes weighty legal, financial, and social obligations."

Marshall continues, "The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude it may not."

Elizabeth Birch, executive director of the Human Rights Campaign said, "Today, the Massachusetts Supreme Court made history. In the best tradition of our nation, that court ruled that the hard-working, tax-paying gay and lesbian citizens deserve the same rights and protections under law as other citizens of that state."

According to CNN 61% of Americans do not believe gay marriages should be recognized by law. But Elizabeth Birch, executive director of Human Rights Campaign says the courts are not obligated to support the majority of people. Quite the opposite.

"If not for the courts, African-Americans would not have had the right to vote, women would not have the right to vote," she says. "The purpose of the constitution is to protect a minority group from the wrath of the majority."

The Massachusetts court rejected arguments based on religious or moral ground and stuck strictly to the law of the commonwealth. According to CNN, it is unlikely the Supreme Court will interfere with the ruling.

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