MASS. ATTY. GENERAL REFUSES TO SEEK STAY OF SSM: From USA Today

Gov. Mitt Romney's efforts to delay gay marriage in Massachusetts were rebuffed Tuesday by the state attorney general, who said there was no legal justification in seeking a stay from the state's highest court.

The stand by Attorney General Tom Reilly means Massachusetts is one step closer to becoming the first state in the nation to recognize gay marriage.

"We have had our day in court. It's time to move on," Reilly said at an afternoon news conference.

The duel between Romney, a Republican, and Reilly, a possible Democratic candidate for governor in 2006, came one day after the state Legislature passed a constitutional amendment that would ban gay marriage but permit civil unions of same-sex couples.

The state's highest court ruled in November, and reaffirmed in February, that it is unconstitutional to deny same-sex couples the right to marry. The court ordered the state to issue marriage licenses to same-sex couples starting May 17.

Romney, an opponent of gay marriage, wants the court to postpone that order until voters can decide on the amendment in 2006. ...

There are also concerns about the status of married gay couples if the constitutional amendment barring same-sex marriages is approved by voters in 2006. Most legal analysts believe the gay marriages that occur during those 2 years would be protected.

"It would likely be unconstitutional to retroactively take away the rights of marriage," said Sanford Katz, a family law expert at Boston College. "I can't see the state doing anything to invalidate those marriages."

more
posted by Eve at 5:48 PM | link

0 Comments:

Post a Comment

<< Home