http://blog.johnkerry.com/blog/archives/000735.htmlEarlier this morning, the Massachusetts Supreme Judicial Court rule 4-3 that denying same-sex couples the right to marry violates the state constitution. But the court did not order marriage licenses to be granted immediately to same-sex couples. The ruling gives the Legislature 180 days to "take such action as it may deem appropriate" on issuing marriage licenses.
In a statement, John Kerry said:
“I have long believed that gay men and lesbians should be assured equal protection and the same benefits – from health to survivor benefits to hospital visitation - that all families deserve. While I continue to oppose gay marriage, I believe that today’s decision calls on the Massachusetts state legislature to take action to ensure equal protection for gay couples. These protections are long over due.”
The Massachusetts marriage law does not define what constitutes a married couple. An initiative to define marriage as a union between one man and one woman was defeated in the Legislature last year. The Legislature is considering a similar amendment to the Constitution. The earliest an amendment could be voted on is fall 2006.
In its ruling, the court wrote:
"The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens. In reaching our conclusion we have given full deference to the arguments made by the Commonwealth. But it has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples....."
"We declare that barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution.
(I agree with John Kerry that the gay and lesbian community are deserving of the same protections and benefits as every other family. And I would note that only John Kerry voted against the 1996 Defense of Marriage Act which Clinton cravenly signed into law. That takes courage and conviction.)