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Same-Sex Marriage

By ALM Staff | Law Journal Newsletters |
April 27, 2006

Will New York residents who travel to Massachusetts lawfully be able to marry their same-sex partners there under Massachusetts law? For now, the question remains unanswered.

On March 30, The Supreme Judicial Court of Massachusetts dismissed the suits of several couples who challenged the State's enforcement of a law that forbids out-of-state couples from marrying within Massachusetts' borders if their marriages would be unlawful in their home states. The court, however, allowed plaintiffs from two states ' New York and Rhode Island ' to proceed with their suits because neither of these states has amended its constitution or enacted laws specifically prohibiting such marriages, and there has not yet been a controlling appellate decision entered on the issue in either state.

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