Mass. To Allow Out-Of-State Gay Marriage
07.29.2008 5:39pm EDT
(Boston, Mass.) The Massachusetts House has repealed a 1913 law used to bar the marriages of same-sex couples who are residents of states which would not recognize their unions. The measure already has passed the Senate and Gov. Deval Patrick (D) has said he will sign it.
The House voted 118-35 Tuesday to repeal the law, originally passed when interracial marriage was legal in Massachusetts but not in most other parts of the country.When the U.S. Supreme Court overturned state bans on interracial marriage, the Massachusetts law fell into disuse.
However, when the Massachusetts high court struck down the state ban on same-sex marriage in 2003, then-Gov. Mitt Romney (R) dusted off the old law, threatening to charge local clerks if they issued marriage licenses to out-of-state same-sex couples.
In a 2006 challenge to the out-of-state ban, the Supreme Judicial Court upheld the law, but noted that since Rhode Island did not have a specific law defining “couple” in its marriage law, gays and lesbians from that state could marry in Massachusetts. Rhode Island is believed to be the only state without a definition of what constitutes a couple.
The court also said that the Massachusetts legislature could repeal the 1913 law.
An analysis by the state Office of Housing and Economic Development found repealing the law would draw thousands of couples to Massachusetts, boosting the economy by $111 million, creating 330 jobs and generating $5 million in taxes and fees over three years.
The study assumes New York would provide the largest number of gay couples – more than 21,000 couples – with New Hampshire, New Jersey, Connecticut, Vermont, and Maine bringing the total to more than 30,000 in the first three years after the ban was lifted.
California, the only other state to allow same-sex marriage, has no out-of-state limitation.





Let Freedom Ring!
Now all we need is the other States to see the light!
This is a great day!
Hopefully California will use this to defeat the anti-love measure this fall.
This is fantastic news! Now those who could not afford to travel to California or Canada to marry have another alternative. It will help Massachusetts’s economy and should not have a measurable impact on the California same-sex wedding economy. I think this move by Massachusetts will also help defeat the California Constitutional marriage ban Proposition 8. With two states openly allow same-sex couples to marry regardless of residence the religious zealots will soon go down in defeat.
Another blow is struck for EQUALITY and the pursuit of happiness for all citizens.
Michael, you are absolutely right. However, people do not change behavior when they see the light; they wait till they feel the heat.
I agree Michael, but people change not when they see the light, but when they feel the heat.
Great news for Massachusetts. But WAKE UP NEW JERSEY! Third state to ratify the US Constitution – why not the third state to allow same-sex marriage? We already know Civil Union does not equal Marriage. Change the name to marriage before everyone goes north to Massachusetts, comes back and forces the name to be corrected.
It is certainly possible. If the Democrats manage to wrestle control of the NYS Senate from the GOP in Albany, New York might move on the same-sex marriage issue. Should that happen, I have no doubt the New Jersey Legislature will suddenly find new motivation to act first. After all, nothing riles up politicians in New Jersey more than beating those New Yorkers to the punch.
thanks, but how about giving us the details? When will it go into effect? What will be the procedure? Give us the rules!