Motion to Dismiss

a law student's adventure

Friday, June 18, 2004

Eight Diverse Gay Couples Join to Fight Massachusetts

first legal challenge to the governor's hackneyed resurrection of a 1913 law that is not only discriminatory (as it treats out of state residents differently, but also it was enacted to prevent interracial marriage)...but stupid.

eight couples are filing suit today because MA has told them their marriages aren't valid or won't issue the license because they live out of state. plaintiffs include an FBI agent.

a second suit is being filed by the cities and counties.

the plaintiffs' arguments are probably constitutionally strong -- especially because the law is old, hasn't been used for a long time, and is now being used in a way that is constitutionally invalid in light of how constititional law changed dramatically after the New Deal.

I hope they are successful and the governor backs off. it won't be an easy fight to win, but these suits look strong and the governor's 1913 law will protect him to the extent it has been used in the last 60 years (what? you mean its never been used?).

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