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Judge Denies Late Bid To Stop Gay Marriages In Mass.

City Of Boston To Refuse Licenses To Out-Of-State Couples

POSTED: 6:52 am PDT May 13, 2004
UPDATED: 2:55 pm PDT May 13, 2004

Opponents have lost a last-minute effort to block gay marriages in Massachusetts.

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A federal judge Thursday denied a request to block marriage licenses from being issued to same-sex couples starting Monday. The plaintiffs say they will appeal.

Under a ruling by the state Supreme Judicial Court, Massachusetts is to become the first state in the nation to sanction gay marriage.

Conservative groups and some state lawmakers filed an 11th-hour appeal Wednesday, pleading with the judge to halt the marriages. The head of the Liberty Counsel, one of the plaintiffs, urged the judge to "prevent this constitutional train wreck."

The groups, represented by Mathew Staver, president and general counsel of the Florida-based Liberty Counsel, argued before U.S. District Judge Joseph Tauro that the state's Supreme Judicial Court overstepped its authority by ruling in November that gay marriage should be legal. They said it is the Legislature's job to make law.

A lawyer for the Supreme Judicial Court said issues "are pure questions of state law" and the federal government has no jurisdiction.

The judge said the plaintiffs argued allowing gay marriage would "be the end of the world." He added, "It hasn't been."

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Meanwhile, the city of Boston announced it will abide by the law and refuse to issue marriage licenses to out-of-state gay couples when gay marriages become legal Monday.

Some communities have said they will defy state law and marry nonresident homosexuals.

A 1913 Massachusetts law prohibits municipal courts from marrying out-of-state couples when the marriage is unlawful in their home state, reported WCVB-TV in Boston. Gay marriage is not legal in any other U.S. state.

The city's attorney, Merita Hopkins, issued a one-line statement Wednesday saying the city of Boston will accept marriage applications "from everyone except partners who do not reside in Massachusetts, and neither one of which intends to reside in Massachusetts."

This means the couple must fill out a form saying they intend to move to Massachusetts under penalty of perjury if they want to obtain a license.

Earlier this month, Boston Mayor Tom Menino indicated he was willing to let out-of-state gays wed in Boston, but Gov. Mitt Romney's legal counsel advised clerks that they must abide by the state law that prohibits couples from marrying in Massachusetts if the marriage would not be legal in their home states.

In Arizona, a group of gay and lesbian Republicans plans to start airing television ads Thursday against a proposed federal constitutional amendment to ban gay marriage.

In Louisiana, a proposed amendment to the state's constitution to ban gay marriage fell one vote short Wednesday.



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