It was a surprising defeat for the pro-gay marriage crowd. The Mass. Supreme Judicial Court ruled today that non-Massachusetts residents from states that prohibit gay marriage cannot marry here. This is based on a 1913 law that forbids nonresidents from marrying when their marriage would not recognized in their home state. It was passed during the days when interracial marriage was a big deal and it remains on the books ... for now. We’ll see how quickly the liberal political machine gets into motion to repeal it.
Of course, not all states have laws explicitly forbidding gay marriage and in fact there are lawsuits in some states, like New York, claiming a constitutional right to marry someone of the same sex. It will be interesting to see how this affects drives to put bans into effect in other states, that is if it will increase the sense of urgency.
Typically, the pro-gay arguments are based on emotion and feelings and not on the law or logic:
“I find it to be a very illogical statement,” Pearsall said. “It seems to me that it’s a statement that’s not really based around any sense of humanity, but really on a sense of politics, which is really not a fair way to treat people. It’s a hurtful thing. I’m disappointed.”
The law is the law. If you don’t like it, then get a majority of voters or representatives to support a repeal. Asking an unelected panel of judges to change the law so it’s no longer “hurtful” is not what a democratic republic is about.
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