清华大学美国社会与文化课程阅读材料Controversy in America_934607268_.doc

SJC: Gay marriage legal in Mass. Court gives the state six months to comply with ruling By Kathleen Burge, Globe Staff, 11/18/2003 The Supreme Judicial Court today became the nations first state supreme court to rule that same-sex couples have the legal right to marry. We declare that barring an individual from the protections, benefits and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts constitution, Chief Justice Margaret Marshall wrote in the 4-3 decision. The ruling wont take effect for 180 days in order to allow the Legislature to take such action as it may deem appropriate in light of this opinion, the court ruled in its 50decision. Since the SJC is the ultimate authority on the state constitution, however, the Legislature cannot overturn todays decision -- nor would the US Supreme Court agree to interpret a states constitution. Opponents could fight for a constitutional amendment, but the soonest that could be placed on the ballot is 2006. The Legislature has already been considering several bills, including one that would allow gay marriage, that would grant benefits to same-sex couples. The SJC ruling held that the Massachusetts constitution forbids the creation of second-class citizens. The state Attorney Generals office, which argued to the court that state law doesnt allow gay couples to marry, has failed to identify any constitutionally adequate reason for denying civil marraige to same-sex couples, Marshall wrote. The court rejected the claim of a lower court judge that the primary purpose of marriage was procreation. Marshall was joined in the majority opinion by Justices John Greaney, Roderick Ireland, and Judith Cowin. Justices Francis Spina, Martha Sosman, and Robert Cordy opposed the decision. In the dissent, Cordy wrote that the states marriage statute historically described the union of one man and one woman. The law did not violate the Massachusetts constitution because th