Mass. Gay Marriage Law Still Contested

While yesterday marked the fourth anniversary of the ruling legalizing same-sex marriage in Massachusetts, the future of marriage in the Commonwealth remains somewhat murky.

In July 2006, the Massachusetts Supreme Judicial Court validated proposed constitutional amendments that would outlaw same-sex marriage, opening the door to a possible referendum that could overturn the 2003 ruling by re-defining marriage in the Commonwealth.

A similar amendment to the state constitution­—which would have limited marriage rights to heterosexual couples—was defeated last June in the Massachusetts legislature, falling five votes short of the 50 required to have the amendment put to a public vote in November 2008.

“I was really, really anxious when gay marriage came up—whether it would be on the popular vote ballot” said Michelle C. Kellaway ’10, Community Chair of the Harvard Bisexual, Gay, Lesbian, Transgender, and Supporters Alliance. “After that battle was won, I breathed a sigh of relief, and I’m not worried about it anymore.”

According to Harvard Republican Club President Jeffrey Kwong ’09, the organization officially supports the 2006 ruling, believing that the legality of same-sex marriage should be determined through referendum or state legislative action.

“I think in every single civil rights movement, it is an issue when the courts jump in and rule on it without the consent of the legislature,” Kwong said.

Kwong also said he personally supports “equal rights” for same-sex couples, but that he does not agree with the process that led to Massachusetts’ same-sex marriages.

“I am still very disappointed that this decision was made without consulting the legislature,” he said.

The next challenge to same-sex marriage could come in 2012.

If 50 legislators, or one quarter of the members of the Massachusetts House and Senate, vote to approve a constitutional amendment banning same-sex marriage in legislative sessions in both 2010 and 2011, the measure could appear before voters in the 2012 elections.

In the wake of the 2003 ruling, Cambridge played host to the first same-sex marriage in the U.S. that was subsequently upheld by the courts.

To this day, Massachusetts remains the only state in the nation that permits same-sex marriage.

“Something can probably be done in Rhode Island, the New England area, and California, but I’m not really optimistic about the rest of the nation,” Kellaway said. “I pay most attention to Massachusetts because that is where I am from. I feel confident that I will be able to get married here. I’m not leaving.”

Nine other states currently recognize civil unions or partnerships, with Oregon slated to become the tenth in January 2008.