Mass. Equality

Not sure how I missed this, but a Massachusets high court handed a big victory to the gay community on the marriage issue, and struck a blow for ideal of equal protection under the law.

The Massachusetts high court ruled Wednesday that only full, equal marriage rights for gay couples — rather than civil unions — would be constitutional, erasing any doubts that the nation's first same-sex marriages would take place in the state beginning in mid-May.

The court issued the opinion in response to a request from the state Senate about whether Vermont-style civil unions, which convey the state benefits of marriage — but not the title — would meet constitutional muster.

Read the decision here.

"Does Senate, No. 2175, which prohibits same-sex couples from entering into marriage but allows them to form civil unions with all 'benefits, protections, rights and responsibilities' of marriage, comply with the equal protection and due process requirements of the Constitution of the Commonwealth ... ?

The answer to the question is "No."

Of course it comes just prior to a legislative attempt to - as many other states have done - enshrine discrimination in the state constitution.

The much-anticipated opinion sets the stage for next week's constitutional convention, where the Legislature will consider an amendment that would legally define marriage as a union between one man and one woman. Without the opinion, Senate President Robert Travaglini had said the vote would be delayed.

Every time one of these things passes, I lose a little bit more hope for this country, and a little bit more hope that my family and I will ever achieve full and equal citizenship here. To me, if we don't have equality under the law, then the Declaration of Independence, and everything after it, up to and including the every lofty ideal on which this country was allegedly founded, is simply a damned lie.

Comments

[Tim Who?]

I don't know if you're old enough to remember "Seperate but equal" but I am.

I liked the courts wording.

"Seperate but equal,is never quite equal."

Also even if they do decide to put it to a vote to change the constitution it won't come up for vote till 2006. The courts ruling takes effect in a couple months!