Gays Fight Marriage Residency Law

[Busheses]

News: CNN News

BOSTON, Massachusetts (AP) -- The court that made Massachusetts the first state to legalize gay marriage will now decide whether same-sex couples from other states can marry there.

The case is being closely watched across the country. If the Supreme Judicial Court strikes down a 1913 law, same-sex couples from across the country could wed in Massachusetts and demand marriage rights at home.

Source

© source where applicable

This is what got me the most....

"In reality, after 38 years, I'm her wife and she's mine,"he added. "We want the document."

38 years. If that is not commitment, I don't know what is.

[Jaltus]

How can a state court rule on what other states do? I am confused as to the legality of this.

[Busheses]

How can a state court rule on what other states do? I am confused as to the legality of this.

I don't think that is the case. The court will only decide if the 1913 law stands or if couples from out of state can marry in Mass.

Since other states must recognized contracts entered into regardless of where they were entered into, states where same sex marriage is prohibited will have a little problem. Either they recognize those marriages and thus go against their own state laws or they don't recognize them based on DoMA. If those states decide not to recognize those contracts, then we have a conflict and potentially this could go all the way to the SC.

I don't think these couples have a chance based on the argument by the lawyer representing them, but you never know.