U.S. Massachusetts court insists on right for gays to marry

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Last updated at: (Beijing Time) Thursday, February 05, 2004

U.S. Massachusetts court insists on right for gays to marry

The U.S. Massachusetts Supreme Court cleared the way for the first gay marriages in the United States to begin within months, drawing a stern condemnation from President George W. Bush.

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The U.S. Massachusetts Supreme Court cleared the way for the first gay marriages in the United States to begin within months, drawing a stern condemnation from President George W. Bush.

The state's highest court issued an opinion clarifying a landmark November ruling that said denying marriage licenses to same-sex couples violated the state constitution.

The court's latest ruling specifically rejected the lesser possibility of civil unions, which give many of the benefits of marriage.

In a four to three decision, the justices said a civil unions law "maintains an unconstitutional, inferior, and discriminatory status for same-sex couples."

The original decision had given the state legislature 180 days to change the state's marriage law, but legislators returned to the court to ask if civil unions would satisfy their ruling.

Vermont is the only state that allows civil unions, although other states including California allow a system of domestic partnerships that give very limited recognition to gay couples.

The latest ruling set Massachusetts on the path to allowing gay marriages within months. The legislature meets February 11 to vote on the matter.

The ruling "makes clear that same-sex couples will marry this Spring," said gay rights advocates Lambda Legal.

But Bush quickly called the ruling "deeply troubling," and vowed to "do what is legally necessary to defend the sanctity of marriage.

"Marriage is a sacred institution between a man and a woman. If activist judges insist on re-defining marriage by court order, the only alternative will be the constitutional process," he said in a statement.

Republicans in the US Congress have proposed an amendment that would nullify state decisions like the one in Massachusetts, but the process is lengthy and complicated. Only 27 amendments have been approved in more than 200 years.

Bush's statement is the closest he has come to explicitly endorsing the proposal.

US federal law already defines marriage as between one man and one woman, meaning that the federal government would not recognize same-sex marriages if they were performed in Massachusetts.

Source: Agencies

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