GAY MARRIAGE

Massachusetts Court Denies
Rights to Nonresidents

BY BETH ROBINSON

BOSTON - While upholding the
right of gay and lesbian Massa-
chusetts couples to marry, the
Massachusetts Supreme Court
in late March authorized the
state to discriminate against
non—resident same-sex couples.

The Massachusetts court’s
decision came in the case of
Cote-Whitacre 1). Department
of Health, and concerned a 1913
Massachusetts law that said that
a Massachusetts clerk should
not issue a marriage license to
nonresidents who are prohib-
ited from marrying by the laws
of their own state.

After the Massachusetts Su-
preme Court ruled in 2003 that
that state could not constitu-
tionally deny marriage licenses
to same-sex couples, the State
of"Massachusetts invoked the
long—dormant 1913 law to deny
‘marriage licenses to gay and les-
bian couples from other states.

In the March 30 decision, the
court concluded that the state's
actions were not unconstitution-
al. The court left the door open
to plaintiffs from Rhode Island
and New York to show in further
proceedings that they are not
actually prohibited from marry-
ing in their home states, but al-
lowed the state to deny marriage
licenses to same-sex couples
from the other New England
states, including Vermont. The
court did not back away from
its 2003 decision in Goodridge
v. Department of Health, and
gay and lesbian Massachusetts
couples still have a constitution-

ally-protected right to marry.,

Nor does the Cote—Whttacre de-
cision automatically invalidate
marriage licenses that were pre-
viously issued to non—resident
same-sex couples.

Vermonter Sandi Cote-Whita-
cre, one of the named plaintiffs
in the case, acknowledged her
disappointment, but expressed

 

renewed commitment to the
cause. “We know how impor-
tant it was to us to get that mar-
riage license. Our work won't be
over until gay and lesbian citi-
iens right here in Vermont and
throughout the country have the
same opportunity,” she said.
Vermont Freedom to Marry
Task Force Field Director Ro-
byn Maguire agreed and noted,
“The court didn’t back away
from equal rights for gay Mas-
sachusetts residents, but left
the door open for other states to
discriminate against their own
citizens. Vermont should reject
the court's invitation.”

A bill to eliminate the dis-
crimination in Vermont’s mar-
riage laws (H.742) is pending in
the Vermont legislature. V

Beth Robinson was co-coun-
sel to the plaintiffs in "Baker
v. State" and is chair of the
Vermont Freedom to Marry
Task Force.

COl\/H\/iUN|TY NEWS

Flood Washes Out SafeSpace

BURLINGTON — Safespace and R.U.l.2? have
discussed sharing office space in the near future,
but didn’t expect it would happen so soon. Two
months ago, flooded offices found SafeSpace staff
looking for temporary headquarters until major re-
pairs could be completed. Safespace staff camped
out at R.U.1.2‘?~ Queer Community Center part of
the time as a result.

“The flood happened over the weekend of
March 11th and 12th, and it was due to a water
main break in the building which came through
the. ceiling of our office,” said Connie Beal, VISTA
Resource Coordinator for SafeSpace.

“We expect to move back in within the next
week or two - once they’re finished repainting and
carpeting the space. One of the benefits was that
SafeSpace staff got to pick a new carpet color!”

(Actually, Safespace workers finally arrived
back in their offices in late April.) _

“I think it’s really important that the community
knows that Safespace programs and services are
still as they were before: (support line M-F 10am-
6pm and M, W, TH 9am—9pm),” Beal said.

“Also, as we move back into our space - we hope
that our community can send us donations of of-
fice supplies (paper and envelopes), bookshelves,
and/or a financial contribution to help us get the
office back up and running.” ,

“Also, SafeSpace staff would like to thank

R.U.l.2? for allowing Safespace to use office space '

at the Center," Beal added. V

Water from flood reflects on floor of SafeSpace
offices in March. PHOTO BY CLARK SHELDON

 

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Supporting the Vermont
GLBTQ Community.

vH<::wtTa Contact Us:

 90 main street

 p.o. box 1263'
 burlington; Vermont
g 05402-1263

’ p. 802-860-6236

f. 802-860-6315
.info@samarafoundationorg

www.samarafoundation.org

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