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Massachusetts as gay wedding capital: the national effect

Massachusetts' move will ricochet across nation as out-of-staters take licenses home.



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By Noel C. Paul, Staff writer of The Christian Science Monitor / May 17, 2004

BOSTON

Hundreds of gay and lesbian couples are expected to apply at Massachusetts's town and city halls for marriage licenses Monday, the first day any state has recognized same-sex marriage in US history.

Despite Republican Gov. Mitt Romney's insistence that a 1913 law prohibits gay residents of other states from marrying in Massachusetts, couples from California to New York will be among those exchanging vows - turning the state, overnight, into the de facto gay wedding chapel of a nation.

The move will undoubtedly complicate the politics of and widen the culture war over one of the most divisive - yet personal - issues in American life. As out-of-state couples return home, they will force new clarifications and confrontations over everything from hospital visitation rights to spousal benefits on the job.

Even in Massachusetts - with one of the nation's strongest Catholic as well as gay communities - the debate may deepen as public officials, churches, and families sort through their own personal and institutional responses to the new reality.

"There's an emulation effect that will take place here," says Gerald Benjamin, a political science professor at the State University of New York, New Paltz. "What's happening in Massachusetts will overtake and force the agendas of other states."

Confusion and the role of clerks

To Cris Beam and Robin Goldman of New York, Monday won't be about agendas. It will be about obtaining the legal rights that did not come with the commitment ceremony they took part in several years ago.

The past month has been rife with confusion for the couple, however, as advocates on both sides of the debate have argued over the legality of marrying out-of-state couples.

"We were concerned when the news changed every day, but there never was a time where we decided we wouldn't be able to go [to Massachusetts]," says Ms. Goldman.

Governor Romney has argued for compliance with a 1913 state law requiring that all couples marrying in Massachusetts provide proof of current or impending residency.

Some town and city clerks have said they won't follow Romney's request that they ask for documentation. At least three others have said they won't even require applicants to answer the question regarding residency.

It is at one of these jurisdictions where Ms. Beam and Goldman, along with the overwhelming majority of out-of-state applicants, plan to file for a license on Monday.

The states' response

New York's attorney general has said his state - which has no defense of marriage act (DOMA) prohibiting gay unions - will recognize the Massachusetts licenses.

Attorneys general for Connecticut and Rhode Island, neither of which has a DOMA law, said they would decide Monday how to treat the licenses.

These liberal states with close proximity to Massachusetts are among those where government action affirming gay marriage could come soon.

"The most vocal people - or even governments - in an area pull others toward them," says James Gimpel, a political science professor at the University of Maryland, College Park.

Yet in states like New York, where Republicans hold the governor's mansion as well as a majority in the Senate, a law legalizing gay marriage likely will not be passed any time soon.

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