The Massachusetts Ruling

From a Washington Post online chat today with Renee Landers, president of the Boston Bar Association:

"washingtonpost.com: Renee Landers, thank you for being with us today. Please explain what comes next now that the Massachusetts Supreme Court has ruled against the state ban on same-sex marriage.

Renee Landers: The Supreme Judicial Court's opinion essentially gives the legislature 180 days to enact amendments to Massachusetts statutes that would give effect to the court's opinion, that is, to recognize marriage in order to eliminate discriminations that attach to couples who are not permitted to marry. If the legislature does not enact appropriate amendments to the statutes within that time period, the Superior Court(the state trial court) would have the ability to enter an order implementing the SJC opinion. After 180 days, as a result of either legislative action or an order by the Superior Court, marriage licenses should begin to be granted to same-sex couples.

Another possibility would be for the legislature to begin the lengthy process for amending the state constitution to overrule the court's opinion. The process for amending the constitution calls for two successive legislatures to vote favorably on an amendment and for that amendment to be submitted to the voters after the legislative action is completed. At a minimum, this process takes 3 years. The earliest such an amendment could appear on the state ballot would be November 2006."

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She gives a good summary of the ruling's effects. From what I understand, gay marriage will be legally recognized in Massachusetts within 180 days, either by the legislature's hand or the courts'. Making Massachusetts the first state to do so.