Mansfield Fox

Law student. Yankees fan. Massive fraggle. Just living the American dream.

Tuesday, November 18, 2003

ONE MORE STEP IN THE LONG, HARD SLOG towards the equality of homosexual and heterosexual relationships taken today. Though I can't find a working link, the Massachusetts Supreme Judicial Court has just ruled that restricting civil marriage to heterosexual couples violates the Massachusetts state constitution. Here's the money quote, via the Corner:

Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial, and social benefits. In return it imposes weighty legal, financial, and social obligations. The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens. In reaching our conclusion we have given full deference to the arguments made by the Commonwealth. But it has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples.

Apparently, however, the court didn't just issue the couple a marriage license, but instead remanded the issue to the legislature. So, as they say in the Commonwealth, dis iddn't ovah.