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Wednesday, February 04, 2004 |

STATE COURTS - MA high court rules for same-sex marriage
Brandon Smith at 2:14 PM ET

In Wednesday's state courts news, and following up on a story reported earlier on JURIST'S Paper Chase, the Massachusetts Supreme Judicial Court has issued an advisory opinion requested by the legislature for clarification on a civil unions bill, ruling that anything other than the right to marry for same-sex couples is discriminatory and unconstitutional. Seven couples filed suit in 2001, claiming that the bar on same-sex marriage deprives those couples of an "intrinsic human experience" and violated their constitutional rights. The Court ruled 4-3 last November that the legislature had six months to change the law to allow same-sex couples their constitutional right to marry. The legislature, however, asked for guidance as to whether this constituted full marriage, or could be construed to mean a "Vermont-style" same-sex union, a parallel institution with similar rights as marriage. Read the opinion here. click for previous state courts news


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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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