Provincetown Will Ignore Out-of-State Marriage Ban

May 11, 2004

Provincetown's Board of Selectmen voted Monday night to ignore a directive from Gov. Mitt Romney and allow gay couples who reside outside Massachusetts to marry when same-sex marriage becomes legal in the state next Monday.

The board decided to allow any couple who applies for a license to be granted one as long as the parties attest that they know of no legal impediment to their union.

Romney's order to clerks across the state not to issue licenses to same-sex couples from outside Massachusetts is based on a 1913 law that says marriage licenses cannot be issued to out-of-state couples if their marriages would be void in the couples' home states.The until now seldom used law dates back to a period when interracial marriage was illegal.

The directive came as a severe blow to the owners of inns and other tourist spots in the popular gay resort at the tip of Cape Cod who were hoping to cash in on a stampede of gay couples from across the country.

The Board's vote seems to contradict the policy of Gov. Mitt Romney, who immediately issued a statement Monday threatening legal action against clerks who defy his interpretation of the law.

Romney's office has warned clerks that they will be required to seek proof of residency or the intention to move to Massachusetts from all couples — gay and straight — who are seeking to marry as of May 17, when same-sex weddings become legal.

We are a nation of laws, Romney said in the statement. If they choose to break the law, we will take appropriate enforcement action, refuse to recognize those marriages, and inform the parties that the marriage is null and void.

But the Provincetown board said gay couples who live outside Massachusetts and have no intention of moving here will still be issued marriage licenses, as long as they attest that they know of no legal impediment to their union.

Huge crowds are expected May 17 in Provincetown, the day that a Supreme Judicial Court decision takes effect which legalizes gay marriage in Massachusetts.

The Legislature has given preliminary approval to a constitutional ban on gay marriage, but it must still receive additional rounds of approval from lawmakers during the 2005-2006 session and then by voters in November 2006. The constitutional amendment would simultaneously legalize civil unions.

Romney's office has said the consequences of an illegal marriage could be severe for the couple, particularly if they have children, because of legal questions of support and custody.

There also could be legal consequences for the clerks. Under state law, officials who issue a license knowing that parties are prohibited can face a fine of $100 to $500 or a prison sentence of up to a year.

Attorney Mary Bonauto, who represented several gay couples whose case led to the state's highest court legalizing gay weddings, said Romney's interpretation would only bar marriage to gay couples from those states that have laws on their books that declare gay marriages null and void. She estimates that only about 20 states have that type of law.

There was a time when our state took the lead and refused to bow to the discriminatory laws of other states, Bonauto said. But now I find it sad that the Massachusetts governor would penalize a town for recognizing that Massachusetts has no business denying marriage licenses to same-sex couples whether they are Massachusetts residents or not.