Three cheers for the eloquent and sensible Chief Justice Margaret H. Marshall (excerpts here). The State Supreme Court finally rules that same-sex couples have the legal right to marry!
[…] We are mindful that our decision marks a change in the history of our marriage law. Many people hold deep-seated religious, moral, and ethical convictions that marriage should be limited to the union of one man and one woman, and that homosexual conduct is immoral. Many hold equally strong religious, moral, and ethical convictions that same-sex couples are entitled to be married, and that homosexual persons should be treated no differently than their heterosexual neighbors. Neither view answers the question before us. Our concern is with the Massachusetts Constitution as a charter of governance for every person properly within its reach.Posted by rv at November 19, 2003 11:22 PM to newsThe individual liberty and equality safeguards of the Massachusetts Constitution protect both ''freedom from'' unwarranted government intrusion into protected spheres of life and ''freedom to'' partake in benefits created by the State for the common good. . . . Both freedoms are involved here. Whether and whom to marry, how to express sexual intimacy, and whether and how to establish a family -- these are among the most basic of every individual's liberty and due process rights. . . . And central to personal freedom and security is the assurance that the laws will apply equally to persons in similar situations. […]