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Mass. Court Finds Ban on Gay Marriage Unconstitutional

Brian M. Haas

Members of Harvard’s gay community celebrate the Massachusetts Supreme Court’s ruling in favor of gay marriage in front of the Science Center yesterday.

Limiting marriage to heterosexual couples is unconstitutional, the Massachusetts Supreme Judicial Court ruled yesterday, a decision that sent Harvard’s gay community into celebration and had several couples thinking of wedding bells.

In a 4-3 decision, the state’s highest court decided that the Massachusetts constitution “forbids the creation of second-class citizens” and that the state must allow homosexual couples to marry.

Following the announcement, members of the Harvard Bisexual, Gay, Lesbian, Transgender and Supporters Alliance (BGLTSA) staged an impromptu celebration in front of the Science Center.

“I’ve had lots of calls from students and faculty saying, ‘This is a great historic day,’” said the Rev. Dorothy A. Austin, who is co-master of Lowell House along with her partner, Professor of Comparative Religion Diana L. Eck.

“It’s certainly something I looked forward to seeing during my lifetime,” Austin said, adding that she “would love to be able to marry.”

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Though he was unsure of the details of the ruling, Professor of Romance Languages and Literature Bradley S. Epps said he and his partner would marry if it indeed becomes possible.

Massachusetts Gov. Mitt W. Romney said yesterday he was in favor of an amendment to the state constitution defining marriage as a heterosexual institution. But no such amendment could be enacted until at least 2006, and today’s decision in the case, Goodridge v. Department of Public Health, takes effect in 179 days.

Mark T. Silvestri ’05, spokesperson for the Harvard Republican Club, said he agreed with Romney and other social conservatives in their opposition to the court’s definition of marriage as “the voluntary union of two persons as spouses, to the exclusion of all others.”

“We stand with President Bush... on this issue, that marriage is between a man and a woman,” Silvestri said.

Bush is considering supporting an amendment to the U.S. Constitution that would limit marriage to heterosexual couples.

Epps objected to the Bush administration’s position.

“The Bush administration is a messianic Christian administration,” Epps said. “I think that raises a number of difficulties for people who don’t share that messianic view.”

Epps added that public acceptance of gay marriage will not come easily.

“It takes a long time for some people to give up a monopoly on love and to think that loves matters only for a select few,” Epps said. “Prejudice dies hard.”

BGLTSA public relations chair Adam P. Schneider ’07 agreed that yesterday’s decision was important but that much remained to be done.

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