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Mass, court rules civil unions aren’t enough
By Jennifer Peters
THE ASSOCIATED PRESS
BOSTON — The Massachusetts high court
leclared Wednesday that gays are entitled to
lothing less than marriage and that Vermont-
tyle civil unions will not suffice, setting the
yr(tl®tage for the nation’s first legally sanctioned
, n W05 ;ame-sex weddings by the spring,
ufa, The court issued the advisory opinion at the
equest of legislators who wanted to know
vhether civil unions would be enough to satis-
y the court after its November ruling that said
>ay couples are entitled to all the rights of mar-
iage. That decision had been written in such a
vay that it left open the possibility that civil
inions might be allowed.
But Wednesday’s opinion by the
rj iupreme Judicial Court left no doubt: Only
marriage would pass constitutional muster.
“The history of our nation has demon-
trated that separate is seldom, if ever.
equal,” four justices wrote. “For no rational
reason the marriage laws of the common
wealth discriminate against a defined class;
no amount of tinkering with language will
eradicate that stain. The (civil unions) bill
would have the effect of maintaining and
fostering a stigma of exclusion that the
Constitution prohibits.”
Paul Martinek, editor of Lawyers
Weekly USA, said that the blunt opinion
erases any confusion.
“The fat lady has sung and she’s singing
the wedding march,” Martinek said. “It’s
clear from reading the majority opinion that
there’s no basis on which the (court) will
OK anything other than marriage.”
The much-anticipated opinion came a
week before next Wednesday’s
Constitutional Convention, where the
Legislature will consider an amendment
backed by Republican Gov. Mitt Romney
that would define marriage as a union
between a man and a woman.
But the soonest a constitutional amend
ment could end up on the ballot would be
2006, meaning that until then, the high
court’s decision will be Massachusetts law.
Gay couples could get married in
Massachusetts as soon as May, the deadline
set by the court last fall.
“We’re going to have to start looking for
a band,” said Ed Balmelli, who put down a
deposit for a wedding after the opinion.
The case represents a significant mile
stone in a year that has seen broad new
recognitions of gay rights in America,
Canada and abroad, including a June U.S.
Supreme Court decision striking down a
Texas ban on gay sex.
The White House called the
Massachusetts ruling “deeply troubling.”
“Activist judges continue to seek to rede
fine marriage by court order without regard
for the will of the people,” said presidential
spokesman Scott McClellan.
Massachusetts OKs same-sex marriage
The Massachusetts high court ruled Wednesday that civil unions
among gay couples aren't enough — that only full, equal marriage
rights are constitutional. The state Senate had requested the
court's opinion before next week’s constitutional convention which
will consider an amendment that defines marriage as a union
between a man and a woman.
I I States with Y/A States where I I States that have
laws that prohibit government neither laws prohibiting
recognition of employers offer recognition of gay
marriage between domestic partner marriage or domestic
same-sex couples benefits partner benefits for
government employees
NOTE: California. Hawaii and New Jersey recognize domestic partnerships. Vermont
recognizes civil unions.
SOURCE: Lambda Legal AF
NEWS IN BRIEF
Combs seeks school
nutrition incentive
n special session
AUSTIN (AP) — With the
egislature possibly convening
soon to address education
unding, Texas Agriculture
Commissioner Susan Combs
s looking to get schools that
Dattle childhood obesity a slice
)f the money pie.
Combs says she is working
,M)n a plan that would reward
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ohools up to $30 per pupil if
he school meets certain nutri-
ion and physical education
tandards. Details are being
worked out, but Combs said
he is talking with legislative
eaders and the governor to get
nput and hopes to have a pro-
ft^oosal together by March 1.
Gov. Rick Perry is expected
to call a special legislative
ession, perhaps in April, to
^•change the state’s share-the-
wealth school finance sys-
3nac®em. Perry has said he wants
:o see a legislative consen
sus emerge over how to
eplace the existing funding
system before ordering a
pecial session.
Perry, a Republican like
Dombs, has been traveling the
state talking up his proposed
academic achievement-based
inancial incentives for schools.
3 art of his $500 million plan,
or instance, would give
ohools $100 more per student
or each year he or she
advances in high school if the
tudent passes the Texas
Assessment of Knowledge and
Skills, or TAKS test.
Combs’ idea is to provide
imilar money incentives, but
o connect them with verifiable
lutrition and physical fitness
tandards. The additional
noney per student might go to
chools where a cafeteria
vorks on nutrition education or
vhere students show an aver-
ge improvement in a physical
ictivity such as running a quar-
er-mile, she said.
Remains of 17th
:entury sailor
aid to rest
AUSTIN (AP) —The remains
if a 17th century French sailor
vere buried Tuesday beside
lome of Texas’ most important
lignitaries — an unpredictable
md for a blue-collar deckhand
i/ho died during the early
ixploration of Texas.
Archaeologists discovered
le skeleton during the 1996
ixcavation of the Belle, one of
our ships that left France for
te New World in 1684 under
le direction of Rene Robert
)avalier, Sieur de La Salle.
About 300 people gathered
) Texas State Cemetery on a
hilly day to mark the burial of
le sailor, named C. Barange
ecause of the inscription on a
lewter cup found near his
emains. The cemetery is
eserved for Texas elected offi-
ials and other distinguished
itizens, such as settler
Stephen F. Austin and author
ames Frank Dobie.
“As a French citizen, I’m
leeply moved to see so
tany Texans present to pay
ibute to an unknown French
ailor who participated in the
lunding moments of Texas,”
aid Jean-David Levitte, the
rench ambassador to the
Jnited States.
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