A gay couple from Rhode Island has the right to marry in Massachusetts because laws in their home state do not expressly prohibit same-sex marriage, a judge ruled Friday.Should this decision stand, this would mean that residents of any state which has not expressly forbidden gay marriage would be free to marry in Massachusetts. Gov. Romney wants to appeal, but so far the Attorney General says no.
Wendy Becker and Mary Norton of Providence argued that a 1913 law that forbids out-of-state residents from marrying in Massachusetts if their marriage would not be permitted in their home state did not apply to them because Rhode Island does not specifically ban gay marriage.
Superior Court Judge Thomas Connolly agreed.
Friday, September 29, 2006
Lawyering Your Way Around Gay Marriage Laws
As Glenn notes, this was some clever lawyering:
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