Massachusetts Governor Records Gay Marriages Blocked by Romney

Governor Deval Patrick of Massachusetts requested that 26 gay marriages by out of state couples be recorded in his state's vital records on April 2. Former governor Mitt Romney had blocked the marriages using a 1913 law which states that couples from out of state cannot marry in Massachusetts; the Supreme Judicial Court of Massachusetts interpreted the old law to include gay couples whose home states do not allow same-sex marriages.

Gov Patrick was quoted as saying, "I think that the previous administration was using a gimmick to make what I feel was a discriminatory point. It's a simple gesture to include the information on the register. Keeping it out was the gimmick."

Since the Supreme Judicial Court ruled in 2003 that the state Constitution provides for gay marriage, over 8,000 same-sex couples have married in Massachusetts. Putting the 26 marriages on the books in Massachusetts won't make the marriages legal in the couples' home states; several other states allow same-sex civil unions but Massachusetts is the only state which allows gay marriage.

Currently gay couples from Rhode Island are allowed to marry in Massachusetts because, although Rhode Island does not allow gay marriage, it does not specifically ban it either. Curiously, however, two of the 26 marriages to which Patrick has referred were in fact Rhode Island couples.

The State Department of Public Health Commission's John Auerbach said of Patrick's request that it was, "fitting and welcome that our state will now treat the recording of all marriage certificates equally."

All 26 couples bought licenses in four Massachusetts towns in which court clerks had decided to defy Romney by issuing marriage certificates to gay couples.

Romney spokesman Eric Fehrnstrom said, "It was Governor Romney's enforcement of this law that stopped gay marriage from being visited on every other state in the country. Now that Governor Romney is out of office, we are seeing an erosion of the previously strong defense of traditional marriage coming out of the executive branch."

Although Romney thinks the issue of same sex marriage should not be left up to the states, he has said the abortion issue should be decided by state governments. He has criticized those such as Sen. John Mc Cain who say they are against gay marriage but do not want it banned by a U.S. Constitutional amendment. Such incongruities were described by Jonathan Rauch in Atlantic Monthly as a "laboratory experiment" run by the U.S. government.

Gay marriage proponents have resigned themselves to a legislative vote which will determine whether the voters can vote directly on the issue.

AP, "Gay marriages blocked by Romney recorded." Yahoo. URL: ( http://news.yahoo.com/s/ap/20070403/ap_on_re_us/gay_marriage_2;_ylt=Ahi7YVey..lbHou71_o_JyFdlakA)

AP, "Massachusetts governor orders 26 gay marriages registered." International Herald Tribune. URL: (http://www.iht.com/articles/ap/2007/04/03/america/NA-GEN-US-Gay-Marriage.php)

Anthony Cuesta. "Massachusetts Gov. Orders Recognition of 26 Same-Sex Marriages." 247Gay. URL: (http://www.247gay.com/article.cfm?section=66&id=13951)

Hugh Hewitt, "Same-Sex Marriage in Massachusetts." Town Hall. URL: (http://hughhewitt.townhall.com/g/2ed1a5dd-a5c6-4b63-b52a-a90a307fbdd4)

Jonathan Rauch, "A Separate Peace." The Atlantic. URL: (http://www.theatlantic.com/doc/200704/gay-marriage)