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CNN Live At Daybreak
Massachusetts' Highest Court Says State Must Allow Gay Marriage
Aired February 05, 2004 - 05:36 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: The issue of gay marriage isn't going away any time soon. Massachusetts' highest court says the state must allow gay marriage.
We have two reports, beginning with CNN's Maria Hinojosa.
(BEGIN VIDEOTAPE)
MARIA HINOJOSA, CNN CORRESPONDENT (voice-over): Once again, Massachusetts' highest court has said that state must grant gays and lesbians the right to marry and nothing less. Rejecting a proposed cui law being considered by the Massachusetts legislature, the court said, "Because the proposed law, by its expressed terms, forbids same sex couples' entry into civil marriage, it continues to relegate same sex couples to a different status. The history of our nation has demonstrated that separate is seldom, if ever, equal."
That means that Hillary and Julie Goodrige's 16-year-old relationship might just be about to make history.
HILLARY GOODRIGE, PLAINTIFF IN SAME SEX MARRIAGE CASE: Twenty years ago if you had told me that we were going to be standing here talking about, you know, marriage, I would have told you you were crazy.
HINOJOSA: The Goodriges and six other gay couples won the right to marry back in November, when the court said it was unconstitutional to keep gays from getting married. The state legislature had wanted to remedy that problem by allowing civil unions.
MARY BONAUTO, GAY LESBIAN ADVOCATES AND DEFENDERS: The court has now clarified that equal means equal. The government cannot deny marriage rights to same sex couples. And the legislature now has the choice of embracing that or they can go out of their way to write discrimination into the constitution.
HINOJOSA: Legislative leaders in Massachusetts are convening a constitutional convention next week to try to amend the constitution to define marriage as between a man and a woman. But both houses would have to approve that in two consecutive sessions. If it passes, it would face voter approval no earlier than fall of 2006. Meanwhile, the Goodriges are free to marry.
MATT DANIELS, ALLIANCE FOR MARRIAGE: What happened today essentially closed the door on the last remaining option for some sort of democratic resolution to the situation in Massachusetts. And now we're going to see lawsuits to force this on every state in the nation.
HINOJOSA (on camera): The court has told the Massachusetts legislature that gay couples must be allowed to marry by May of this year. Thirty-eight states already have bans against recognizing same sex unions, a ban that will also be challenged in court.
Maria Hinojosa, CNN, New York.
(END VIDEOTAPE)
COSTELLO: And as CNN's David Mattingly reports, the Massachusetts ruling could lead to a flurry of statehouse and courtroom action nationwide.
(BEGIN VIDEOTAPE)
DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): Ohio Governor Bob Taft is expected to sign into law sweeping restrictions making Ohio the 38th state to prohibit same sex marriage.
BILL SEITZ, OHIO STATE HOUSE: We won't have to worry about our courts deferring to the novel and unorthodox definitions of marriage that we're seeing in states such as Massachusetts.
MATTINGLY: Limiting marriage to one man and one woman, the Ohio law goes further than others by not recognizing gay civil unions or marriages from other states. And it would prohibit state agencies from providing benefits to domestic partners of any unmarried employee. Gay marriage advocates are preparing for a long fight.
EVAN WOLFSON, FREEDOM TO MARRY: For a time there will be a patchwork in which some states will move toward equality while others resist it. But when the dust settles, people are going to see what the Massachusetts court said, that allowing marriage equality will help families while hurting nobody.
MATTINGLY: But in anticipation of more court challenges, constitutional amendments prohibiting gay marriages are reportedly in the works in at least nine other states, including Massachusetts, and in Congress, with President Bush using his State of the Union to voice his support.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Our nation must defend the sanctity of marriage.
MATTINGLY: According to recent polls, more than half of the nation's potential voters say they are opposed to same sex couples being allowed to marry and the message is not lost on the campaign trail.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: And I also do not support gay marriage and they know that.
MATTINGLY: While a majority of the Democratic candidates for president, including front runner John Kerry, support civil unions and legal protection for gay couples, only Al Sharpton and Dennis Kucinich endorse gay marriage.
(on camera): The question now is will all of these new state laws and amendments hold up to judicial scrutiny? There are legal experts who say maybe not. That's why some are now looking to Congress to propose a national amendment to the U.S. constitution specifically designating marriage as between a man and a woman.
David Mattingly, CNN.
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Marriage>
Aired February 5, 2004 - 05:36 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: The issue of gay marriage isn't going away any time soon. Massachusetts' highest court says the state must allow gay marriage.
We have two reports, beginning with CNN's Maria Hinojosa.
(BEGIN VIDEOTAPE)
MARIA HINOJOSA, CNN CORRESPONDENT (voice-over): Once again, Massachusetts' highest court has said that state must grant gays and lesbians the right to marry and nothing less. Rejecting a proposed cui law being considered by the Massachusetts legislature, the court said, "Because the proposed law, by its expressed terms, forbids same sex couples' entry into civil marriage, it continues to relegate same sex couples to a different status. The history of our nation has demonstrated that separate is seldom, if ever, equal."
That means that Hillary and Julie Goodrige's 16-year-old relationship might just be about to make history.
HILLARY GOODRIGE, PLAINTIFF IN SAME SEX MARRIAGE CASE: Twenty years ago if you had told me that we were going to be standing here talking about, you know, marriage, I would have told you you were crazy.
HINOJOSA: The Goodriges and six other gay couples won the right to marry back in November, when the court said it was unconstitutional to keep gays from getting married. The state legislature had wanted to remedy that problem by allowing civil unions.
MARY BONAUTO, GAY LESBIAN ADVOCATES AND DEFENDERS: The court has now clarified that equal means equal. The government cannot deny marriage rights to same sex couples. And the legislature now has the choice of embracing that or they can go out of their way to write discrimination into the constitution.
HINOJOSA: Legislative leaders in Massachusetts are convening a constitutional convention next week to try to amend the constitution to define marriage as between a man and a woman. But both houses would have to approve that in two consecutive sessions. If it passes, it would face voter approval no earlier than fall of 2006. Meanwhile, the Goodriges are free to marry.
MATT DANIELS, ALLIANCE FOR MARRIAGE: What happened today essentially closed the door on the last remaining option for some sort of democratic resolution to the situation in Massachusetts. And now we're going to see lawsuits to force this on every state in the nation.
HINOJOSA (on camera): The court has told the Massachusetts legislature that gay couples must be allowed to marry by May of this year. Thirty-eight states already have bans against recognizing same sex unions, a ban that will also be challenged in court.
Maria Hinojosa, CNN, New York.
(END VIDEOTAPE)
COSTELLO: And as CNN's David Mattingly reports, the Massachusetts ruling could lead to a flurry of statehouse and courtroom action nationwide.
(BEGIN VIDEOTAPE)
DAVID MATTINGLY, CNN CORRESPONDENT (voice-over): Ohio Governor Bob Taft is expected to sign into law sweeping restrictions making Ohio the 38th state to prohibit same sex marriage.
BILL SEITZ, OHIO STATE HOUSE: We won't have to worry about our courts deferring to the novel and unorthodox definitions of marriage that we're seeing in states such as Massachusetts.
MATTINGLY: Limiting marriage to one man and one woman, the Ohio law goes further than others by not recognizing gay civil unions or marriages from other states. And it would prohibit state agencies from providing benefits to domestic partners of any unmarried employee. Gay marriage advocates are preparing for a long fight.
EVAN WOLFSON, FREEDOM TO MARRY: For a time there will be a patchwork in which some states will move toward equality while others resist it. But when the dust settles, people are going to see what the Massachusetts court said, that allowing marriage equality will help families while hurting nobody.
MATTINGLY: But in anticipation of more court challenges, constitutional amendments prohibiting gay marriages are reportedly in the works in at least nine other states, including Massachusetts, and in Congress, with President Bush using his State of the Union to voice his support.
GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: Our nation must defend the sanctity of marriage.
MATTINGLY: According to recent polls, more than half of the nation's potential voters say they are opposed to same sex couples being allowed to marry and the message is not lost on the campaign trail.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: And I also do not support gay marriage and they know that.
MATTINGLY: While a majority of the Democratic candidates for president, including front runner John Kerry, support civil unions and legal protection for gay couples, only Al Sharpton and Dennis Kucinich endorse gay marriage.
(on camera): The question now is will all of these new state laws and amendments hold up to judicial scrutiny? There are legal experts who say maybe not. That's why some are now looking to Congress to propose a national amendment to the U.S. constitution specifically designating marriage as between a man and a woman.
David Mattingly, CNN.
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Marriage>
