(Boston, Mass.) The Massachusetts House has repealed a 1913 law used to bar the marriages of same-sex couples who are residents of states which would not recognize their unions. The measure already has passed the Senate and Gov. Deval Patrick (D) has said he will sign it.
The House voted 118-35 Tuesday to repeal the law, originally passed when interracial marriage was legal in Massachusetts but not in most other parts of the country.
When the U.S. Supreme Court overturned state bans on interracial marriage, the Massachusetts law fell into disuse.
However, when the Massachusetts high court struck down the state ban on same-sex marriage in 2003, then-Gov. Mitt Romney (R) dusted off the old law, threatening to charge local clerks if they issued marriage licenses to out-of-state same-sex couples.
In a 2006 challenge to the out-of-state ban, the Supreme Judicial Court upheld the law, but noted that since Rhode Island did not have a specific law defining “couple” in its marriage law, gays and lesbians from that state could marry in Massachusetts. Rhode Island is believed to be the only state without a definition of what constitutes a couple.
The court also said that the Massachusetts legislature could repeal the 1913 law.
http://www.365gay.com/news/072908-mass-allows-marriage/
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