GenQ

BOSTON - Massachusetts lawmakers have now allowed a pathway for out-of-state same-sex couples to be married in the state.

A vote was cast on Tuesday to repeal a 1913 law that banned marriages not considered valid in the couples' home states.

Amongst those who say they plan to sign the repeal is Gov. Deval Patrick, a Democrat whose daughter has come out as a lesbian.

The Massachusetts House of Representatives approved the repeal by a vote of 118-35. This was followed by approval by the state Senate earlier this month.

Marc Solomon, executive director of MassEquality, a statewide group that promotes the rights of gay, lesbian, bisexual and transgender people, welcomed the repeal and made note of the changes bringing Massachusetts closer to marriage equality.

"While we'll never get complacent, we're getting close to the point where the question of marriage equality in Massachusetts is settled," said.

"You'll never get everyone to vote your way, but 118 to 35 is getting close," he said.

In 2004, Massachusetts became the first U.S. state to permit same-sex marriages as legal, but ruling Gov. Mitt Romney at the time ordered that the 1913 law be obeyed, which was first implemented when some American states banned interracial marriages.

GenQ reported in May about the first same-sex marriages taking place in California, which issues marriage licenses to couples from other states. Read here

Legislators who voted for the repeal described the move as a matter of fairness, noting Massachusetts for decades had ignored the law when heterosexual couples sought to marry in the state.

"This law has not been enforced, looked upon or even talked about ... it should not be allowed to prevent gay and lesbian couples and their families from taking part in what is rightfully and legally theirs," said Paul Loscocco, a Republican who voted in favor of the repeal. "This law has applied a double standard to certain couples and it needs to be repealed."

Same-sex marriage opponents however, amounted the vote to an attempt to impose gay marriage on other states.

"Just after California allowed out-of-state same-sex couples to marry, it appears our legislators are suffering from 'gay marriage envy' in pushing to repeal this protective measure," said Kris Mineau, president of the Massachusetts Family Institute. "Their arrogance and folly are doing terrible harm to marriage laws across the country and eroding the people's right to define marriage."

Opponents also said that allowing out-of-state same-sex couples to wed in Massachusetts could leave them in legal limbo.

"If the 1913 law is repealed, we would be leading ourselves into a legal nightmare," said Rep. John Lepper, a Republican who voted against repeal.

See OUTTAKE Online for more.

Tags: gay marriage, law, same-sex