Gettin’ hitched, Massachusetts style

Yay! The Massachusetts Supreme Court ruled that same-sex couples can’t be barred from getting married. Specifically, the court ruled that offering civil unions isn’t enough, so civil marriage must be made available to any couple.

“The history of our nation has demonstrated that separate is seldom, if ever, equal,” the four justices who ruled in favor of gay marriage wrote in the advisory opinion.

Here’s hoping this is a sign that our legal system will take the bold stance our legislators will not. (Hmmm. That raises an interesting question: can a constitutional amendment be ruled unconstitutional? Or does the Defense Against Marriages By People We Don’t Agree With Amendment receive a get-out-of-court-free card?)

Now, hurry up, California! We’re losing our rep as a progressive state.

5 thoughts on “Gettin’ hitched, Massachusetts style

  1. From what I understand, a constitutional amendment cannot be ruled unconstitutional. It basically says, “Ah, so what we want to do goes against the rules? Well, then, let’s just change those rules.” I’m a bit worried about Massachusetts’ decision, actually, because although I agree with it and think the legal reasoning is absolutely sound, there is a split between folks in favor of gay marriage and those okay with civil unions as long as you don’t CALL them marriages, and this may compel folks in that latter camp to join the far rightists and vote for legislators who will pass a marriage-limiting constitutional amendment.

    I’m a little scared that the Mass decision is winning a battle that may lead to losing the war.

  2. Ack, I didn’t mean to post twice, I just noticed a typo in my first post and went back to edit it… Chris, could you make the first post go bye-bye?

  3. I’m stil not sure about constitutional amendments. I seem to remember that the amendment has to specifically strike out conflicting phrases in the rest of the Constitution in order to prevent Supreme Court challenges. It’s been a while since my last US History class, though…

  4. Kerrigan and I have decided to go get hitched in every state as it becomes legal. Wadda ya think?

    Yay! Brown vs. Board of Education 1954 and 1955. “Separate but equal” is a big ol’ stupid fallacy. This sets legal precedent, people. If the ERA and flag burning couldn’t become amendments, I doubt the marriage one ever will. There are a lot of gay people in congress and in the various state governments. And amendments can be repealed (think prohibition).

    I am a big fan of judicial review! Yippee, yay!

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