I'm Not From Around Here, But Want A Legal Gay Marriage Anyway

I get many calls from clients who wish to travel to states or countries where civil unions (CT, VT) or gay marriage is legal (MA, Canada, UK, etc.). Many of them are aware that there are logistics to applying for such licenses and that those legal rights won't be valid in their home states. Some, however, are not.

In particular, many same-sex couples want to travel to Massachusetts. The state, however, has declared that couples from out-of-state can't apply for a Massachusetts license unless they live there or plan to live there. Word on the street has it that an out-of-stater applying for a license may have a different experience in each city clerk's office. Some are able to get a license and some are not.

Last fall, however, the Supreme Court heard a case challenging the 1913 law upon which this restriction is based.

The eight out-of-state couples who sued for the right to marry were supposed to hear of the decision on their case in the last few weeks.

The court, has, however, waived it's "self-imposed" deadline and has not issued a judgmen (The Advocate).

Undoubtedly, the case is an interesting one to keep an eye on as the precedent it sets will be seen as a big leap forward for same sex couples who wish to affirm their life-long commitments and enjoy equal rights or yet another disappointment in a turbulent political year.


Posted by on February 16, 2006 10:40 AM
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