http://www.boston.com/dailynews/140/region/Senate_votes_to_repeal_1913_la:.shtmlSenate votes to repeal 1913 law that excludes out-of-state gay couples
By Jennifer Peter, Associated Press, 5/19/2004 18:04
BOSTON (AP) The Democratic-controlled state Senate voted overwhelmingly Wednesday to repeal the 1913 statute that Republican Gov. Mitt Romney is using to bar out-of-state gay couples from marrying in Massachusetts.
The statute, which the liberal-leaning Senate opposed by a 28-3 margin, bars nonresidents from marrying in Massachusetts if the union would not be legal in their home state. Because no other state allows gay marriage, Romney argues that out-of-state couples are prohibited from marrying here.
After gay marriage became legal in Massachusetts on Monday, Romney's legal office requested copies of all marriage applications submitted by gay couples in Provincetown, Somerville, Springfield and Worcester four municipalities that have defied Romney's residency requirement. An administration official speaking on condition of anonymity said the governor may ask a court for an injunction barring them from issuing licenses to out-of-state couples.
The repeal was approved as part of the Senate's version of the state budget. For the law to be wiped from the books it would have to be adopted by budget negotiators in the far more conservative House, then survive a certain veto by Romney.
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