The Massachusetts Senate has voted to repeal a 1913 law used to bar same-sex couples from states which would not recognize their marriages from marrying in Massachusetts.
The House is expected to vote this week.
House Speaker Salvatore DiMasi (D) and Senate President Therese Murray (D) both support the repeal effort. If the bill passes the House Gov. Deval Patrick (D) has said he will sign it.
The old law, which says marriage licenses cannot be issued to couples whose weddings would be illegal in the states where they lived, was originally passed when interracial marriage was legal in Massachusetts but not in most other parts of the country.
When the US Supreme Court overturned state bans on interracial marriage the the Massachusetts law fell into disuse.
However, when the Massachusetts high court struck down the state ban on same-sex marriage in 2003, then-Gov. Mitt Romney (R) dusted off the old law, threatening to charge local clerks if they issued marriage licenses to out-of-state same-sex couples.
In a challenge to the out-of-state ban the Supreme Judicial court in 2006 upheld the law but noted that since Rhode Island did not have a specific law defining couple in its marriage law gay and lesbian couples from that state could marry in Massachusetts. Rhode Island is believed to be the only state without a definition of what constitutes a couple.
The court also said that the Massachusetts legislature could repeal the 1913 law.
An analysis by the state Office of Housing and Economic Development found repealing the law would draw thousands of couples to Massachusetts, boosting the economy by $111 million, creating 330 jobs and generating $5 million in taxes and fees over three years.
The study assumes New York would provide the largest number of gay couples - more than 21,000 couples - with New Hampshire, New Jersey, Connecticut, Vermont, and Maine bringing the total to more than 30,000 in the first three years after the ban was lifted.
The House is expected to vote this week.
House Speaker Salvatore DiMasi (D) and Senate President Therese Murray (D) both support the repeal effort. If the bill passes the House Gov. Deval Patrick (D) has said he will sign it.
The old law, which says marriage licenses cannot be issued to couples whose weddings would be illegal in the states where they lived, was originally passed when interracial marriage was legal in Massachusetts but not in most other parts of the country.
When the US Supreme Court overturned state bans on interracial marriage the the Massachusetts law fell into disuse.
However, when the Massachusetts high court struck down the state ban on same-sex marriage in 2003, then-Gov. Mitt Romney (R) dusted off the old law, threatening to charge local clerks if they issued marriage licenses to out-of-state same-sex couples.
In a challenge to the out-of-state ban the Supreme Judicial court in 2006 upheld the law but noted that since Rhode Island did not have a specific law defining couple in its marriage law gay and lesbian couples from that state could marry in Massachusetts. Rhode Island is believed to be the only state without a definition of what constitutes a couple.
The court also said that the Massachusetts legislature could repeal the 1913 law.
An analysis by the state Office of Housing and Economic Development found repealing the law would draw thousands of couples to Massachusetts, boosting the economy by $111 million, creating 330 jobs and generating $5 million in taxes and fees over three years.
The study assumes New York would provide the largest number of gay couples - more than 21,000 couples - with New Hampshire, New Jersey, Connecticut, Vermont, and Maine bringing the total to more than 30,000 in the first three years after the ban was lifted.
California, the only other state to allow same-sex marriage has no out-of-state limitation.
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