With clarity and eloquence, Massachusetts' highest court
declared Tuesday that same-sex couples deserve an opportunity
to participate in "one of our community's most rewarding and
cherished'' institutions.
"Whether and whom to marry, how to express sexual intimacy,
and whether and how to establish a family -- these are among
the most basic of every individual's liberty and due process
rights," the justices said in a 4-3 ruling. "And central to
personal freedom and security is the assurance that the laws
will apply equally to persons in similar situations."
The ruling by the Massachusetts Supreme Judicial Court
could prove even more significant than the 1999 Vermont
Supreme Court decision that led to establishment of civil
unions in that state. The Massachusetts Legislature now has
180 days to assure that gay couples can obtain the rights and
responsibilities of marriage -- from hospital visitations and
health-care decisions to tax breaks and support obligations.
It is important to note that the ruling will not interfere
with the right of churches, synagogues and mosques to
determine "who will be married within the context of their
respective religious faiths," said Elizabeth Birch, executive
director of the Human Rights campaign.
Still, the political battle about equal rights for same-sex
couples is far from over. The ruling is likely to stir a sense
of urgency for supporters of a federal constitutional
amendment to prohibit same-sex marriage.
But the Massachusetts ruling is a key milestone in the
accelerating acceptance of the principle that government
should not be discriminating against committed couples who are
striving to build stable families and economic security in
this society.
