Mass. Senate Advances Repeal of Non-Resident Marriage Ban

May 5, 2004

A group of Massachusetts state senators are backing a bid to repeal a 1913 law that Governor Mitt Romney says prevents out-of-state gay couples from marrying in Massachusetts.

Senator Jarrett T. Barrios (D-Cambridge) the only out member of the Senate, and Senator Stanley C. Rosenberg (D-Amherst) have tacked the repeal onto a budget bill that comes up for a vote next week, just days before same-sex couples will be legally able to marry in the state.

By adding the repeal to an existing bill Barrios and Rosenberg have been able to avoid lengthy hearings on the issue.

The 1913 law says that the state cannot marry an out-of-state couple if that marriage would be void in the couple's home state.It was passed to prevent out-of-state interracial couples from marrying before laws blocking weddings between blacks and whites was stuck down by the U.S. Supreme Court. The law has remained on the Massachusetts books but has been seldom used.

Romney, a foe of gay marriage dusted off the old law and told clerks across the state it must be followed. This week the governor backed down on a demand that clerks seek proof of residency before issuing licenses to gay couples, but is still requiring couples to sign an affidavit affirming that they live in the state or intend to do so.

The move to repeal the 1913 law has the support of as large number of Democrats and some Republicans but it is unclear if they have enough votes necessary to pass it according to the Boston Globe.And, even it they do they will have trouble getting it past the governor.

One Republican who opposes gay marriage said he would support the repeal.

I think that particular law is somewhat archaic, said Senator Brian P. Lees (R-East Longmeadow).

For years, it has not been enforced with heterosexual couples, Less told the Globe.

Lees said that repeal would end discrimination in state law while at the same time not necessarily benefit out-of-state gay couples because they would be returning to states where their marriage isn't recognized.

But, Thursday afternoon, Romney said that even if the bill is passed he would veto it. The governor's position is a marked reversal from earlier statements on the issue. In the past he indicated he would not oppose repeal. The governor is on record saying that it is his obligation to enforce the laws that are on the books and that if gay-marriage supporters want to stop him from enforcing this law, they should work for its repeal.