Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Massachusetts Supreme Court rules that gay marriage is legal

Options
  • 19-11-2003 5:19pm
    #1
    Yoda
    Registered Users Posts: 1,853 ✭✭✭


    The Massachusetts Supreme Judicial Court decided today that the restrictions on gay marriage in Massachusetts are unconstitutional under the Massachusetts Constitution. That means that under the court's decision, homosexuals and lesbians will be free to marry in Massachusetts.

    The Court stayed implementation of its decision for 180 days to give the legislature time to act. That does not mean that the legislature could pass some new law prohibiting gay marriage. What it means is that the legislature could act to implement the decision. But what is clear is that the court has said is that it's up to the court to decide the constitutional issues here, not the legislature, and that prohibiting gay people from marrying in Massachusetts violates both their rights to liberty, and their right to equal protection of the law.

    The court here is emphasizing that excluding people from marriage just because they are gay would be incompatible with the respect for individual autonomy and their equality under the law. This is the strongest argument that supports the court's view that banning gay marriage is unconstitutional in Massachusetts. When Justice Marshall says, "The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens," she is highlighting the strongest reason behind the court's ruling.

    More information here.


Comments

  • Options
    #2
    yellum
    Closed Accounts Posts: 5,025 ✭✭✭yellum


    USAToday Interviewed a Law Professor about this, details are here:

    http://cgi1.usatoday.com/mchat/20031119010/tscript.htm


  • Options
    #3
    yellum
    Closed Accounts Posts: 5,025 ✭✭✭yellum


    They are arguing in the states that Gay Marriages will undermine marriage in general.

    This Slate Article highlights what is really erodimg marriage.


  • Options
    #4
    darkened_corner
    Closed Accounts Posts: 138 ✭✭darkened_corner


    Hehe, yeah, that Slate article sounds about right! This is progress, and I'm glad to see it's getting a decent bit of publicity. It's about time.


  • Options
    #5
    Yoda
    Registered Users Posts: 1,853 ✭✭✭Yoda


    An interesting opinion on why civil unions are not enough by American law student Chris Geidner. "If securing equality in marriage means we're going to have to stir up a hornet's nest, so be it."


Advertisement