BOSTON, July 15, 2008

Mass. Aims To Open Gay Marriage Floodgates

State Senate Votes To Allow Same-Sex Couples From Other States; House Expected To Vote This Week

  • An effort is gaining momentum to repeal a 1913 Massachusetts state law that has banned most out of state gay couples from getting married. Photo

    An effort is gaining momentum to repeal a 1913 Massachusetts state law that has banned most out of state gay couples from getting married.  (AP / CBS)

(AP)  The Massachusetts Senate voted Tuesday to repeal a 1913 law used to bar out-of-state gay couples from marrying in the state, a law that critics say was originally aimed at interracial marriages.

The law prohibits couples from obtaining marriage licenses if they can't legally wed in their home states.

The House is expected to vote on the repeal measure later this week. The Senate action came on a voice vote.

After Massachusetts became the first state to allow gay marriages in 2004 under a court order, then-Gov. Mitt Romney ordered town clerks to enforce the then-little-known 1913 law and deny licenses to out-of-state couples.

That move blocked Maine residents Michael Thorne, 55, and James Theberge, 50, from getting married in Massachusetts four years ago. They were among eight out-of-state gay couples who sued but lost in 2006 when the same court that allowed gay marriage refused to toss out the 1913 law.

Now Thorne and Theberge, who have been together 25 years and have two children, are hoping for an August wedding.

"If Gov. (Deval) Patrick signs the bill, we'll be at the Provincetown City Hall," said Thorne, who called Maine's domestic partnership law a poor substitute.

The governor, whose 18-year-old daughter announced publicly last month that she is a lesbian, supports repealing the law. Patrick, the state's first black governor, and other critics of the 95-year-old statute say it carries a racist taint.

The law dates to a time when the majority of states still outlawed interracial marriages, and backers of repeal said the law was intended to smooth relations with those states. Massachusetts has allowed interracial marriages since 1843.

Dianne Wilkerson, the state Senate's lone black member, said repeal was long overdue.

"This is one of the most pernicious statutes on our books," said Wilkerson, a Boston Democrat. "In some respects this bill puts the final nail in the coffin of those dark days."

Another factor driving the repeal effort in Massachusetts was the recent embrace of same-sex marriage by California, which has no residency requirement for obtaining a marriage license.

Opponents of gay marriage said there was no evidence the 1913 law has a racist heritage. They said keeping the law in place was key to preventing gay marriage from spreading to other states, many of which have passed laws or amended their constitution to bar same-sex marriage.

"The Massachusetts Senate has no right to infringe on the internal issues of how other states define marriage, but that's exactly what they voted today to do," said Kris Mineau, president of Massachusetts Family Institute.

Gay marriage foes including Mineau said activists are deliberately portraying the law as racist to speed its repeal.

"Legislators were pressured unscrupulously by same-sex marriage activists to dismantle this law or be branded racists," he said.

But advocates say the segregation-era law was clearly intended to abet discrimination.

Wilkerson said the law was adopted a time of racial tension including a national scandal over black heavyweight boxer Jack Johnson's marriage to Lucille Cameron, who was white.

The law makes no explicit racial reference, but outlaws marriages by couples from other jurisdictions if the nuptials "would be void if contracted in such other jurisdiction."

An analysis by the state Office of Housing and Economic Development found repealing the law would draw thousands of couples to Massachusetts, boosting the economy by $111 million, creating 330 jobs and generating $5 million in taxes and fees over three years.


© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Add a Comment See all 105 Comments
by jankebenz July 15, 2008 12:49 PM PDT
Lets see now,we have wars, fires, floods,drought,storms,and now economic collapse looms. Just how much "punishment" will it take till we will be forced to our knees and acknowledge God
Reply to this comment
by johnnymac73 July 15, 2008 3:44 PM PDT
We need to contain this situation immediately, we can''t let these *** liberals spread to connecticut
Reply to this comment
by ubikvalis2 July 15, 2008 3:55 PM PDT

Gay marriage will most likely reduce the number of AIDS cases -- I thought this was pretty obvious -- Do people really believe outlawing gay marriage means *** disappear?
Reply to this comment
by stupidrules3 July 15, 2008 4:04 PM PDT
Cool, now we''ll get to watch Gay Divorce Court and more gay reality shows like "He Said, He Said." The courts will be even more bogged down with so many divorces that it will take forever to end a marriage. This is going to get crazy.
Reply to this comment
by frootloop47 July 15, 2008 4:24 PM PDT
This is end of Marriage as an Institution as we know it!!!

Wait...I''m wrong. That was SUPPOSE to happen when inter-racial marriage was made legal. Gay folks getting married doesn''t effect my marriage.

There''s 2 types of marriage ceremonies: 1 legal, 1 religious. If Churches don''t want to perform ceremonies for Gay couples they don''t have to.

Beside why shouldn''t Gay couples be allowed to get married. then go though the pain of divorce, alimony, etc like the rest of us.
Reply to this comment
by gwhaia July 15, 2008 4:24 PM PDT
You think it was hard find a place to stay in Provincetown before? Just wait.
Reply to this comment
by libsluv2spit July 15, 2008 4:42 PM PDT
if there is a provision to recognize ''parternships'' or ''unions'' with the full backing of legal benefits that comes along with marriage..THEY WHY NEED TO GET MARRIED??

Reply to this comment
by macusweil July 15, 2008 5:24 PM PDT
"if there is a provision to recognize ''partnerships'' or ''unions'' with the full backing of legal benefits that comes along with marriage..THEY WHY NEED TO GET MARRIED?? Posted by libsluv2spit"

Why does anyone want to be married?

Folks need to keep their in-tolerant church views in confined their in-tolerant churches where they belong.

The rest of us folks don''t need those who think their religion is best telling people how to live their lives. Most Americans support g*a*y marriage. Those who don''t please pray for some tolerance and understanding.
Reply to this comment
by macusweil July 15, 2008 5:28 PM PDT
"Wasnt there a Great Flood once sent to wipe out the Sodomites before?"

Not exactly. Please try READING the bible BEFORE you try QUOTING from it. LOL

Reply to this comment
by kansas1946 July 15, 2008 5:29 PM PDT
Opponents of gay marriage said there''s no evidence the 1913 law has a racist heritage. They said keeping the law in place is key to preventing gay marriage from spreading to other states, many of which have passed laws or amended their constitution to bar same-*** marriage.
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This is just how ignorant and goofy these people are. Trying to argue that the law was race based. OF COURSE IT WAS. It was illegal in many states for blacks and whites to marry. (Incidentally, it would be this same group of ignoramusus that made that law. God didn''t want the races to mix group)

It is good to see the bigots losing...
Reply to this comment
by tksk53 July 15, 2008 5:38 PM PDT
This is a good thing in my book
If two people love each other
Man-Man Woman - Woman Man and Woman Than they deserve to be together
Reply to this comment
by lovesamerica July 15, 2008 5:38 PM PDT
If marriage will make geys monogamous,great,that will help in the aids battle. but if they are getting married just for benefits,it ain''t going to help a thing. Gay males,at least the ones that I know are extremely promiscuous,will a liscence stop that? Does it in heterosxuals?
Reply to this comment
by vietnam21 July 15, 2008 5:43 PM PDT
We have Housing Crisis, Oil crisis and all we got from the Congress and the Senate is focus on Gey right ????
Reply to this comment
by wl7bzh July 15, 2008 5:54 PM PDT
Please note on both sides of the issue-there are currently no flood, fires, drought or earthquakes in Mass. as there are in California.


Let the experiment begin.
Reply to this comment
by wl7bzh July 15, 2008 5:54 PM PDT
Please note on both sides of the issue-there are currently no flood, fires, drought or earthquakes in Mass. as there are in California.


Let the experiment begin.
Reply to this comment
by dowjones20k July 15, 2008 6:03 PM PDT
As a resident of Massachusetts, I can tell you that this is nothing more than a money making scheme ...

The fact is that this will do nothing more than give these folks an expensive piece of paper ..

Some gay friends of ours from Minnesota came to visit last christmas, and on a whim decided to get married .. they had to pay for the license, pay the court to overrule the resident clause, pay the Jp to actual ceremoney ... it all added up to $450.00 ...

And best of all it does NOTHING for thier legal benefactors or thier taxes ... because federally they do not recognize it and Minnesota does not either ...

So it was a beautiful little rip off ...

HAHAHA you gotta love our democratically controlled state of Massachusetts ...

What a bunch of hacks ...
Reply to this comment
by libsluv2spit July 15, 2008 6:12 PM PDT
Folks need to keep their in-tolerant church views in confined their in-tolerant churches where they belong.

The rest of us folks don''''t need those who think their religion is best telling people how to live their lives. Most Americans support g*a*y marriage. Those who don''''t please pray for some tolerance and understanding.


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Posted by macusweil at 05:24 PM : Jul 15, 2008
+ report abuse

**************

if that is the case,, then why do homos work hard to be accepted EVEN MAKING IT ILLEGAL TO EXPRESS what they think about fa ggots??

I think its called INSECURITY....most homos attack religion..(even after the fact that most DECLARE THEY DONT BELIEVE) maybe because they are racked with guilt??

(btw. it was a serious question and your rather rabid attack instead of answering it pretty much indicate that ''guilt''
Reply to this comment
by kansas1946 July 15, 2008 6:25 PM PDT
As a resident of Massachusetts, I can tell you that this is nothing more than a money making scheme ...

The fact is that this will do nothing more than give these folks an expensive piece of paper ..
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Sounds like a win/win to me. If you can make people happy AND make money, then that is the best it can get....
Reply to this comment
by hypnotoad72 July 15, 2008 6:44 PM PDT
People will do what they want. Then look at statistics before people whine "Profiling is bad, waaah!"

I shouldn''t be so apathetic, if the situation wasn''t so ironic.
Reply to this comment
by tdcptrm July 15, 2008 6:45 PM PDT
The rest of us folks don''''''''t need those who think their religion is best telling people how to live their lives. Most Americans support g*a*y marriage. Those who don''''''''t please pray for some tolerance and understanding.

Let''s talk about tolerance and understanding. It isn''t OK for me to state my belief that I am against gay marriage but I MUST accept the homosexual belief that is OK and keep quiet about it!!! It''s the homosexuals who are intolerant and not understanding. They are also the biggest band of hypocrytes on the planet because they DEMAND that I accept their point of view but won''t even listen to mine.
Reply to this comment
by spadeisspade July 15, 2008 7:07 PM PDT
I think it''s totally fair to demand tolerance without hearing why you don''t. Your logic indicates that it''s perfectly ok to be a bigot and that it isn''t "fair" and "tolerant" of US to not listen to you explain why? Maybe you should read your comment again and figure out the extent of its stupidity.
Reply to this comment
by tdcptrm July 15, 2008 7:22 PM PDT
I''ve been listening to you for 20 years while you refuse to listen to me and you claim I''m not tolerant. Then you begin to scream that I''m stupid. the same thing you''ve done for 20 years when someone points out who is really intolerant. That and change the subject. Something else you''re very good at when someone points out the fact that you just palin are intoLerant of any point of view but your own.
Reply to this comment
by blackyowe July 15, 2008 7:57 PM PDT
Massachusetts can have all the G*a*y Activists and their pseudo marriages, I hope they move there and shut up. I am so sick of this issue it is so an non-issue! We have two wars going on and the economy is in the toilet and all there is to fret about is a bunch of delusional people who think two people of the same *** can actually be married? Oh give me a break. Check on the BBC last Sunday our little G*a*y Bishop from Conn. got heckled out of the pulpit in England for his self absorbed obsession with himself. Tolerance does not mean let a minority tear society apart for their own selfish agenda because the can''t stop whining. Jesus loves Gay people I am sure but I''ll bet he ain''t happy how narcissistic and pathetic American *** have become. There is going to be a backlash from all this. I think G*A*Y activist should slow down and reflect.
Reply to this comment
by whiskyrocker July 15, 2008 8:00 PM PDT
BlackYowe:
----------
I''m with you. I''m sick of hearing about this bull$hit!
Reply to this comment
by blackyowe July 15, 2008 8:01 PM PDT
Watch this video about Gene Robinson in England! It''s awesome he is heckled until he flees from the Pulpit! I wish I had been there to clap along!

http://news.bbc.co.uk/1/hi/uk/7504472.stm
Reply to this comment
by kansas1946 July 15, 2008 8:18 PM PDT
Let''''s talk about tolerance and understanding. It isn''''t OK for me to state my belief that I am against gay marriage but I MUST accept the homosexual belief that is OK and keep quiet about it!!! It''''s the homosexuals who are intolerant and not understanding. They are also the biggest band of hypocrytes on the planet because they DEMAND that I accept their point of view but won''''t even listen to mine.


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Posted by tdcptrm at 06:45 PM : Jul 15, 2008
+ report abuse
****************************

That is not true at all. You can get married if you want to. You can go to what ever church you want to. No one is stopping. you. There is a church that believe blood transfusions are a sin. Would you like your doctor to tell you he can''t save your life with a blood transfusion because that religious group got enough power to make them illegal.
All *** want to do is be treated like other Americans and be able to protect their loved ones and families financially. If every gay in the US got married tomorrow, it would affect your life not one iota. So what exactly are they trying to "push" on you.
Reply to this comment
by whiskyrocker July 15, 2008 8:20 PM PDT
tdcptrm
---------

Very well said.You are correct.
Reply to this comment
by blackyowe July 15, 2008 9:36 PM PDT
Yes, start your own G*A*Y church and leave the rest of us in peace, you are very intolerant of traditional people who just want to do our thing and let you do yours. Get your own union of lovers and leave marriage alone it was designed as a religious institution and for the most part that is what it still is, like it or not. People are living together at record numbers out of wedlock so what is your problem? If anyone disagrees with your view, you scream bigot and homophobe. Well I am neither. The problem with G*a*Y activists is they think the sun rises and sets just for them.
Reply to this comment
by mikejrexec July 15, 2008 10:35 PM PDT
BlackYowe You are such a pig. I will never stop fighting until I have the same rights as everyone else. How dare you tell me to stop. You and the others that think like you have only heard the beginning. Equal rights are NOT special rights. IDIOT
Reply to this comment
by lovesamerica July 15, 2008 10:45 PM PDT
Just a question. When did what someone does in the bedroom,hopefully in privacy, become an equal right
Reply to this comment
by vietnam21 July 15, 2008 10:49 PM PDT
Congra. to Congress and Senate on the job well done .
Gay right is your Priority one.
Reply to this comment
by mikejrexec July 15, 2008 10:58 PM PDT
lovesamerica, marriage equality is the topic.
Reply to this comment
by lovesamerica July 15, 2008 11:02 PM PDT
I am all for love,heaven knows the world needs more of it, but I do not understand the need to go against an institution of marriage between men and women that has been around for centuries
Reply to this comment
by vietnam21 July 15, 2008 11:06 PM PDT
Boy George will like to sing a song call "coma coma" for the Congress and Senate.
Reply to this comment
by lovesamerica July 15, 2008 11:08 PM PDT
I have many gey friends and aquantances. I unfortunately am privy to their whole lifestyle, unfortunately nothing is spared. I see little hope of most gay men staying married for long, if what I have heard is any indication. I am divorced,I am a hetero, I have been celebate since my 10 yrs ago divorce. because of the collapse of morals,disease,and heart ache. It seems that being gey is fashionable among kids,It''s the new cool thing to be. Again I don''t know why marriage is such a need
Reply to this comment
by mikejrexec July 15, 2008 11:09 PM PDT
lovesamerica, do you and your husband get a tax break for being married?
Reply to this comment
by lovesamerica July 15, 2008 11:11 PM PDT
So,it is about the money
Reply to this comment
by mikejrexec July 15, 2008 11:12 PM PDT
and can you adopt children, and visit your spouse in the hospital, and are you entitled to your spouses social security death benefits...
Reply to this comment
by lovesamerica July 15, 2008 11:15 PM PDT
Singles,gay or not can adopt,lifepartners can visit in hospitals and I know for a fact the cohabitors of any *** are entitled to health benefits from their partner. I had to pay 1500 more a year for my family benefits when that law went into effect
Reply to this comment
by vietnam21 July 15, 2008 11:16 PM PDT
BREAKING NEWS:
Boy George just VETO THE GAY RIGHT BILL.
Reply to this comment
by mikejrexec July 15, 2008 11:18 PM PDT
Not sure what universe you live in, but I live in the USA and I know of noone that can get health benefits for a non-family memeber. There are over 1200 rights and responsibilities that come with marraige, and I for one demand my rights.
Reply to this comment
by lovesamerica July 15, 2008 11:23 PM PDT
Well,the company I work for provides benefits to sifnifigant others,straight or gay and has for years, again I had to pay more for my family health benefits to cover those costs. If you are allowed to get married I hope you enjoy every freakin one of those responsibilities. It seems to me that I see more prosperous succesful gay people than I do married heteros...
Reply to this comment
by informedone1 July 15, 2008 11:35 PM PDT
How sad that there are still so many ignorant, hateful, self righteous, vicious bigots in the world. Hopefully one day they will learn that what makes all people the same is so much more important than what makes them different. We all share this one Earth and no one is going anywhere, so we might as well all get along. Choosing to hate people based on the color of their skin, the God they pray to, their handicaps, the gender they chose to love, etc., is just ignorant, destructive, and asinine. Those bigots will one day reap the hatred they so love to sow. Gay Americans pay the same taxes as straight Americans and they deserve the same rights and liberties. Congratulations to the judicial, legislative, and executive branches of the Massachusetts government for doing the right thing. Every Americans deserves equal justice under the law.
Reply to this comment
by lovesamerica July 15, 2008 11:36 PM PDT
Don''t forget monogomy is,or should be a part of marriage too, not sure too many gay men could handle that,observation from those geys I know
Reply to this comment
by lovesamerica July 15, 2008 11:41 PM PDT
sexual preference should not be the basis for equality. Pedophiles next? beastiality? I am not saying that geys are in that class of people, just wondering when it will all stop
Reply to this comment
by lovesamerica July 15, 2008 11:47 PM PDT
p.s. I happen to be a very loving accepting person. Maybe I just feel my rights to live in a moral society are being attacked,not just by geys but by every avenue of life that assults my sensibilities. I am not religious, but I am moral.
Reply to this comment
by kansas1946 July 15, 2008 11:57 PM PDT
God bless Massachusetts.
Reply to this comment
by kansas1946 July 15, 2008 11:59 PM PDT
Don''''t forget monogomy is,or should be a part of marriage too, not sure too many gay men could handle that,observation from those geys I know


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Posted by lovesamerica at 11:36 PM : Jul 15, 2008
+ report abuse
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Not sure any men can handle it, from my observation of men, straight and g a y.
Reply to this comment
by lovesamerica July 16, 2008 12:02 AM PDT
Thats true enough
Reply to this comment
by lovesamerica July 16, 2008 12:05 AM PDT
That is also why the divorce rate is about 50%...women too wanted equal rights so now they too want the right to hound dog around and can''t seem to remain faithful to the person they vowed to love until death
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