Massachusetts Marriage Ruling Back To Court

(Boston, Massachusetts) The Massachusetts Senate voted Thursday to ask the state's highest court if civil unions for same sex couples are as good as marriage.

Senate President Robert E. Travaglini said the Nov. 18 ruling that said it was unconstitutional to prevent gays from marrying (story) was unclear on the option of civil unions.

"This is probably the most significant decision rendered by the Supreme Judicial Court in 50 years," Travaglini told the Boston Globe. "And there is a significant difference of opinions among legal experts. We need clarification."

The court gave the legislature 180 days to amend the law, but Travaglini said how to amend it needs help from the court.

''Our intention was not to alter or modify the decision of the court, it was just to seek clarification,'' he said.

Both the Senate and the House have civil union legislation pending that would grant most of the legal protections, benefits, and obligations of marriage, without using the word marriage.

Civil unions has the backing of Travaglini (D-Boston), and Republican Gov. Mitt Romney, but is opposed by liberal Democrats who are pressing for full marriage rights, and by conservative Republicans who say who oppose any recognition of same-sex couples.

The bill is also opposed by gay advocates who see civil unions as "less than equal".

Travaglini said both houses are hoping to get a decision from the court before Feb. 11, when the House and Senate, meeting together as a 200-member constitutional convention, will consider a constitutional amendment that limits marriage to heterosexuals and bans civil unions.

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