Mass. Senate Votes on Gay Marriage

by Dave Keating | July 16, 2008 at 03:19 am

228 views | 0 Recommendations | 0 comments

The Massachusetts state senate has voted to repeal a 1913 law that prevents the state from marrying out-of-state people who would not be able to marry in their home state. The law was enacted at a time when interacial marriage was illegal in most states in the US, but not in Massachusetts. At the time, it was an effort to placate those states with discriminatory marriage laws.

Former Governor Mitt Romney has dusted off the laws to prevent the state from marrying out-of-state gay couples after the Massachusetts Supreme Court ordered the state to start recognizing gay marriages. It was an effort to allay the fears of other states which had banned gay marriage, much like they had banned interacial marriage many years ago.

The state Senate voted Tuesday to repeal a 1913 law used to bar out-of-state gay couples from marrying in the state. The law prohibits couples from obtaining marriage licenses if they couldn't legally wed in their home states.

The House is expected to vote on the repeal later this week. Gov. Deval Patrick, whose 18-year-old daughter announced publicly last month that she is a lesbian, would have 10 days to sign it.

Michael Thorne, 55, and James Theberge, 50, say they're hoping for an August wedding in Provincetown.

The Maine couple have been together for 25 years, have two children, and wanted to get married four years ago after Massachusetts became the first state to legalize gay marriages. They were blocked when then-Gov. Mitt Romney ordered town clerks to enforce the little-known law and deny licenses to out-of-state gay couples,

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

Patrick, a Democrat and the state's first black governor, said the 95-year-old statute also carries a racist taint.

The law dates to a time when the majority of states outlawed interracial marriages. Critics said the law was designed to smooth relations with those states. Massachusetts has allowed interracial marriages since 1843.

Dianne Wilkerson, the Massachusetts Senate's lone black member, said the vote was long overdue. She called the law "evil."

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