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Thursday, October 26, 2006 12:00 AM

State of the unions

Religious conservatives seize on New Jersey's ruling for same-sex couples -- but it won't save Republicans at the polls.

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  • Thursday, October 26, 2006 11:13 AM

    Clarification -- Massachusetts law.

    I offer one small clarification to Glenn Greenwald's article about the New Jersey gay marriage decision. He stated with respect to the state of the law in Massachusetts that "In 2004, Massachusetts became the first state to recognize gay marriages, but a long-standing Massachusetts law prevents out-of-state gay couples from marrying there."

    The statute in question may be long-standing, but it was long unenforced until the state government, at the direction of Governor Mitt Romney (who, perhaps concidentally, has been courting social conservatives in his bid for the Republican presidential nomination) began refusing licenses to out-of-state couples some time after the court decision (and after some out-of-state couples had already been married).

    The application of the law has been challenged in court, and the state's highest court has ruled that it applies only when the resident state's law explicitly prohibits same-sex marriage. Last month a Massachusetts trial court ruled that a Rhode Island couple may marry, because the state has no explicit prohibition. Plaintiffs from New York, Connecticut and several other states have been denied.

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