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Monday, May 24, 2004

WHAT RENO WAS, MASS. MAY SOON BECOME: Froma Harrop

On March 20, 1931, the lid came off in Reno. "Friendly Fred" Balzar, the Nevada governor, had just signed two bills designed to spur the depressed economy. One cut the state's residency requirement for divorce to six weeks from three months. The other legalized gambling.

Balzar predicted that the quickie divorce would prove the better economic stimulus, but he was wrong. The headlines two days later read: "Divorces Forgotten as Crowds Fill Gambling Halls in Reno."

While Balzar had clearly underestimated the lure of gambling, his view that Nevada's lenient divorce laws would attract out-of-state visitors was right on the money.

It's hard to miss the similarities between the Reno divorce and the Provincetown gay marriage. Like Nevada of last century, Massachusetts has radically changed its marriage laws, making it the only place to go for a specific kind of certification. Long a homosexual hub, the seafaring town at the tip of Cape Cod was a natural to become Matrimony Central for same-sex couples.

Other states are refusing to recognize gay marriages from Massachusetts, just as they once tried to ignore divorces granted by Nevada. But as with the Reno divorce, the Provincetown marriage will eventually prevail. The ringing of P-town cash registers will drown out most opposition. Hotels and restaurants expect the booming gay marriage trade to generate $3 million a year. ...

Legal experts disagree as to whether other states can be forced to recognize these Massachusetts marriages. Some cite the "full faith and credit clause" of the U.S. Constitution, which says that courts in different states must honor each other's actions. (The requirement eventually forced reluctant states to accept Reno divorces.) They say that the 1996 Defense of Marriage Act--holding that states do not have to recognize same-sex marriages performed in other states--runs afoul of the clause. ...

During the 1960s, most states eased their divorce laws, and Reno's reign as the nation's divorce capital drew to a close. So it will be with Provincetown institutions. Years hence, other states will lighten up on gay marriage, and much of P-town's lively new business will go elsewhere. But until then, P-town may become the Reno of the early 21st century.

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