The Massachusetts Supreme Judicial Court Tuesday declared thatthe state's ban on same-sex marriages is unconstitutional, givingthe state legislature 180 days to reach a conclusion on theissue.
This leaves a number of individuals, both conservative andliberal, wondering what the decision means for the rest of thenation.
Massachusetts would be the first state to allow this type ofinstitution. Although under a 1999 ruling, Vermont courts permitcivil unions between gay couples, the Massachusetts' legislature ischarged with the task of setting a law that will allow gay couplesto actually marry. A civil union does not allow as many legalbenefits and obligations as marriage.
"This may present challenges in other states and will fuel theopposition forces as well," said Janaan Sherman, University ofMemphis history professor. "It will probably be one of the majorissues in the 2004 (presidential) campaign."
Sherman said the legislature has three different venues it couldtravel down. It could agree to approve the ruling, choose toreplace marriage with civil unions for everyone, or fail to reach adecision, which would result in gay people having the right to alegal marriage.
"This is actually a huge step forward," said J. Smith,communications manager at Human Rights Campaign, a national gayrights association. "It will make a lot of American families morestable, since it does not take away from heterosexual couples, andit would allow homosexual families to be more secure."
The Massachusetts ruling could split U.S. citizens in a numberof different ways because some are avidly against the idea of a gaymarriage, while others support it in the interest of gay rights.There will also be a geographic split, Sherman said, since parts ofthe country are more conservative or liberal than others.
"There really is a sense of fairness (to the ruling)," Shermansaid. "This has to do with issues of inheritance and property. Ifone partner dies, the other has no claim to inheritance undercurrent laws. There are also quite a number of childreninvolved."
Because the South is traditionally a conservative area of thecountry, Tim Luke, campus minister for The U of M Baptist StudentUnion, said he does not think homosexual marriages will go intoeffect here.
"I think this will continue to be an issue everywhere, but inTennessee I don't think it is as acceptable," he said. "Traditionalfamily values are much more important here."
It is unclear what federal benefits gay people will receiveunder the new ruling, Smith said, but more benefits would come froma marriage as opposed to a union.
"I think it will take a while for people to adjust to thedecision," said Smith. "But then they will step back and see thingsare better for a large segment of people."
