Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Massachusetts Is Forced to Fight

By ALM Staff | Law Journal Newsletters |
June 28, 2004

The first of the anticipated lawsuits by municipalities and individuals against Massachusetts Governor Mitt Romney's decision not to allow out-of-state same-sex couples to marry there were filed last month. Just prior to the May 17 court-ordered start date for Massachusetts to issue marriage licenses to gay and lesbian couples, Romney told town clerks that because of an obscure law enacted in 1913, they could not issue such licenses to out-of- state couples who did not intend to move to Massachusetts if those couples would not be allowed to marry in their home states. Since no other state allows gay marriages, this meant no out-of-state same-sex couple could be issued a license to marry in Massachusetts.

In response, several towns in Massachusetts are joining in a suit seeking to overturn the governor's ban, claiming that his interpretation of state law unlawfully requires them to discriminate. Several towns had initially issued licenses to out-of-state couples in defiance of Romney's decree, but the Governor refused to record them, rendering those marriages invalid. Now, all municipalities in Massachusetts are following the Governor's orders. The suit by the towns seeks an injunction against enforcement of the 1913 law, saying the court decision that ordered the state to allow same-sex couples to marry overrides that law. In addition, it points out that town clerks have for years not been required as a prerequisite to issuing a marriage license to ask couples about their citizenship or of their intentions to move to Massachusetts. Among other things, towns are concerned that they will be required to defend against suits brought by out-of-state same-sex couples that are refused licenses in their jurisdictions.

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.