CNN: Massachusetts court rules ban on gay marriage unconstitutional:
Massachusetts’ highest court ruled Tuesday that the state cannot deny gays and lesbians the right to marry and ordered the state’s lawmakers to devise changes in the law within six months.
Google News’ collection of related stories can be found here.
The key points of the ruling, as outlined in an e-mail I received this morning from the Human Rights Campaign:
- Same sex couples in Massachusetts who choose to obtain a civil marriage license will now be able to:
- Visit each other in the hospital, without question;
- Make important health care and financial decisions for each other;
- Have mutual obligations to provide support for each other;
- File joint state tax returns, and have the burden and advantages of the state tax law for married couples; and
- Receive hundreds of other protections under state law.
- Churches and other religious institutions will not have to recognize or perform ceremonies for these civil marriages. This ruling is not about religion; it’s about the civil responsibilities and protections afforded through a government-issued civil marriage license.
- By operation of law, all married couples should be extended the more than 1,000 federal protections and responsibilities administered at the federal level. These rights include the application of federal inheritance laws, social security benefits, the right to unpaid leave to care for a family member, the ability to file joint tax return, and the like. However, the so-called Defense of Marriage Act purports to discriminate against same-sex married couples and deny them these protections. Because no state has recognized civil marriage for same-sex couples in the past, this law has not yet been challenged in court.
- Other states and some businesses may legally recognize the civil marriages of same-sex couples performed in Massachusetts the same way they treat those of opposite-sex couples.
[Update:]{.underline}
Kirsten looks at some of the potential pitfalls. Pessimist. ;)