Massachusetts Senate repeals 1913 law

July 15, 2008 03:36 PM
By Boston Globe Staff

The Massachusetts Senate today passed a bill that would repeal a 1913 state law that prevents gay and lesbian couples from most other states from marrying in Massachusetts.

The bill, which had the support of Senate President Therese Murray, passed with no objections on a voice vote. Proponents of the repeal called the 1913 law archaic and discriminatory.

"There are very few laws on the books that I can say that I'm ashamed that they're on the books," said State Senator Mark Montigny, a New Bedford Democrat. He said he opposed the law because of the "immorality of discrimination."

"This is a very simple law, contrived in shame, and it exists in shame and we ought to wipe it off the books," he said.

"The 1913 law is a shadow, a terrible shadow. It represents a segregationist past that is best put to rest and put to rest quickly," said Senator Harriette Chandler, a Worcester Democrat.

The law originated when lawmakers in many states were trying to prevent interracial couples from crossing state lines to marry. It fell into obscurity for decades. But it received new attention in 2004, when Republican Governor Mitt Romney invoked it after gay marriage was legalized in Massachusetts to prevent out-of-state gay and lesbian couples from marrying here and forcing their home states to consider recognizing Massachusetts marriage law.

“The Massachusetts Senate has no right to infringe on the internal issues of how other states define marriage but that’s exactly what they voted today to do,” Kris Mineau, president, Massachusetts Family Institute, which opposed the repeal, said in a statement after the vote.

The bill now heads to the House, where Speaker Salvatore F. DiMasi has already expressed support. Supporters said they expected the bill to pass the House and be signed by Governor Deval Patrick by the end of the month. "If that bill comes to me, I will sign it and sign it proudly," Patrick said Monday.