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Same Sex Marriage Allowed In Massachusetts

Reported by Donna - September 14, 2005

On Studio B with Rick Folbaum substituting for Shepard Smith, he spoke with Judge Andrew Napolitano regarding the ruling in Massachusetts about same sex marriage.

Folbaum admitted to Napolitano that he was confused about the ruling, so Napolitano clued him in to what the ruling meant.

The following is my transcript (paraphrased, but pretty much verbatim) of Rick Folbaum and Judge Andrew Napolitano.

Judge Andrew Napolitano: One and a half years ago the Supreme Judicial Court in Massachusetts, which is the highest court in that state, decided that under the constitution, gay marriage is lawful and ordered municipal clerks to accept applcations for licenses from same sex couples and to marry them.

The Governor of Massachusetts, Mitt Romney, proposed a constitutional amendment which would have invalidated that court ruling. In order for the amendment to pass it has to be on the ballot and the voters have to vote on it.

In order for it to get on the ballot, the legislature has to first vote on it. Today the legislature voted it down meaning it will not go on the ballot.

Meaning gay marriage will stay for the foreseeable future as the law of the land in the state of Massachusetts.

Rick Folbaum: So, as far as people who were flocking to the Commonwealth of Massachusetts, same sex couples going there to be married legally under a state law, they will be able to continue to do that?

Judge Andrew Napolitano: Without fear that the law will change in Massachusetts in the near future. Now, another legislature sometime in the future, could vote differently. But, for this legislature's term and for this ballot in November of 05 there will be no constitutional amendment for the voters of Massachusetts.

Comments: I thought the subject of same sex marriage in Massachusetts was approached somewhat fairly by Fox, though Napolitano's little nudge at the end of the segment to the voter's of Massachusetts that they can change things if they vote for a different legislature in the future, is noted.

Personal Note: Congratulations to the people and the state of Massachusetts for being brave enough in this present political atmosphere to vote for equality for all.

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