Insomnia (insomnia) wrote,

Gay marriage ban struck down in Massachusetts!

The Massachusetts Supreme Court ruled on Tuesday that the state cannot bar gays and lesbians from marrying, striking down the state's gay marriage ban. (Ruling available here.)

The court remanded the case back to a state court to conform with its ruling, but said the ruling would be on hold for 180 days to allow the state legislature to take any action it may deem appropriate.

Looks like Massachusetts may become the first state in the nation to allow gay partnership... though it sounds to me that sometime soon, this issue will make its way all the way to the Supreme Court of the United States.

Bush wants a constitutional ammendment banning gay marriage. He's not going to get it, however.

As for how the US Supreme Court would view gay marriage, they did recently strike down Texas' sodomy law, and it was Justice Scalia himself who said in dissent:
"If moral disapprobation of homosexual conduct is "no legitimate state interest" for purposes of proscribing that conduct ... what justification could there possibly be for denying the benefits of marriage to homosexual couples?"

What justification indeed? For that matter, if marriage should be viewed as a legal contract, independent from moral approbation, why limit that contract to just two people...?

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