Which Way? Gay Marriage in MA

By: Anna Ziering

On May 17, 2004, Massachusetts became the first state to legalize gay
marriage. But soon afterward, the hopes of many gay, lesbian, bisexual,
transgender, and queer (GLBTQ) people around the country, as well as the
hopes of straight allies who cheered this landmark decision, were crushed
when then-governor Mitt Romney invoked an obsolete law from 1913 that
forbade out-of-state couples from marrying in Massachusetts if the
marriage would not be recognized in their home state. The 1913 law was
originally instated in order to prevent mixed-race couples from marrying
in MA at a time when the country was divided over the morality of such
marriages, but it had fallen by the wayside as the country progressed into
a less racist era. Before Romney reasserted it, few people knew that it
existed.

Around the country, similar
reactions came in waves. In 1995,
the first “Defense of Marriage Act”
(DOMA) was passed in Utah, assert-
ing that the state was under no
constitutional obligation to recog-
nize out-of-state marriages that
violated its own policies. In 1996,
President Clinton signed a federal
DOMA upholding states’ rights to
ban same-sex marriages and to
refuse to recognize same-sex
marriages made in other states.
The country rushed to take advantage of the bill; currently, 40 states
have statutes banning gay marriage, and 27 have constitutional
amendments prohibiting it. Of the 10 remaining, there are two – Hawaii
and Maine – that grant gay couples partial rights, six that offer either civil
unions or domestic partnerships, and two – Massachusetts and, as of May
16, 2008, California – that offer full same-sex marriages.

When I started writing this article, California was the only state that
would marry out-of-state couples. But on July 15, 2008, the 1913 law was
repealed in the Massachusetts State Senate, and on July 29, it was
repealed in the House. Governor Deval Patrick, who had said publicly that
he would sign the bill if it reached his desk, did so on July 31st.

Opponents say that the repeal of the law will infringe upon states’ rights
to define marriage as they see fit and open the door to lawsuits in many
states from gay couples who are married in Massachusetts but whose
marriages are not recognized when they return home. In response to
these concerns, Governor Patrick stated, “What we can do is tend our own
garden and make sure that it’s weeded. [I] think we weeded out a
discriminatory law that we should have...I think other states will make
their own judgments, and I expect them to. That’s their business.”
     
Do you agree or disagree with your state’s policy on gay marriage? Find
your state representatives' information online and get involved! You can
find the contact information for public officials at http://www.(your state
here).gov. Write a letter or make a phone call. Keep an ear out for days
when your public officials are meeting with their constituents to hear
their opinions. Write an editorial for your school newspaper. Hold a
debate. You’re not too young to get involved and advocate for the policies
that you think are right!


What do you think about gay marriage? Email your opinion to
info@athenamagazineforgirls.com and your thoughts could be featured
in the next issue of AMG!