May 17th, 2016
Six months earlier, the Massachusetts Supreme Judicial Court, in a 4-3 ruling, found that the state could not bar same-sex couples from marrying and gave the legislature 180 days to “take such action as it may deem appropriate” before issuing licenses to gay couples (See Nov 18). The state Senate responded by asking whether civil unions would suffice, but the four justice who made up the majority of the original decision wrote, “The dissimilitude between the terms ‘civil marriage’ and ‘civil union’ is not innocuous; it is a considered choice of language that reflects a demonstrable assigning of same-sex, largely homosexual, couples to second-class status.”
Republican Gov. Mitt Romney issued a statement supporting an amendment to the state constitution which would have banned both same-sex marriage and civil unions (reversing a 2002 campaign promise that he had made to gain the endorsement of the Log Cabin Club of Massachusetts) but the legislature narrowly defeated it. The second proposal, a compromise amendment which would have banned marriage equality only,” mustered enough support, with Romney’s reluctant support (he still preferred the first proposal) to be held for a second vote a year later (proposed constitutional amendments require 25% support in two consecutive years before being passed on to voters). Meanwhile, the legislature took no action to implement the court’s decision.
On May 17, the day the court’s decision was due to go into effect, Gov. Romney cited a 1913 law prohibiting non-residents from marrying in Massachusetts if the marriage would not be valid in their home state, and instructed town clerks to deny marriage licenses to out-of-state gay couples. The 1913 law, which had been enacted to block interracial marriages for out-of-state couples subject to Jim Crow laws in their home states, hadn’t been enforced in decades.
When the compromise proposed constitutional amendment came up for a second vote in 2005, Gov. Romney withdrew his support, saying that it confused voters who wanted to ban both same-sex marriage and civil unions. The measure lost the necessary support in the legislature. Romney then backed a revival of the first proposed amendment which would have banned marriage and civil unions both, but that proposal failed to gain the necessary 25% support in the state legislature in 2006. Romney left office in 2007, and the 1913 law was repealed in 2008.
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