Court Says Same-Sex Rhode Island Couples May Marry in Massachusetts

September 30, 2006

On Friday, a Massachusetts Superior Court judge ruled that same-sex couples from Rhode Island have the right to marry in Massachusetts, finding that Rhode Island laws do not expressly prohibit the civil marriage of same-sex couples.

The court decision addressed a 1913 law that forbids out-of-state residents from marrying in Massachusetts if the marriage would not be permitted in their home state. The couple in the case argued that Rhode Island does not specifically ban gay marriage and Suffolk Superior Court and Judge Thomas Connolly agreed.

According to AP reports, Judge Connolly said that, "No evidence was introduced before this court of a constitutional amendment, statute, or controlling appellate decision from Rhode Island that explicitly deems void or otherwise expressly forbids same-sex marriage".

"While this ruling has no effect on whether Rhode Island must allow gay marriage, it gives us hope that the traditions of equality, fairness and justice for all will ultimately prevail and civil marriage will be recognized for all loving couples," said Melody Drnach, NOW Vice President for Action in Washington, D.C., and part-time Jamestown, R.I., resident.

In May 2004, Attorney General Patrick Lynch issued an opinion that Rhode Island would recognize any marriage legally performed in another state, as long as the marriage was not contrary to public policy. "To date, and to its great credit, the Rhode Island General Assembly has not passed a law specifically banning gay marriage," says Drnach. "Equality and fairness, long a part of Rhode Island history, may soon lead to equal marriage recognition in our state."