SusanShelley.com
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SusanShelley.com - Columns by Susan Shelley, author of "The 37th Amendment: A Novel"
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If you support a ban on gay marriage, the answer is yes. The U.S. Constitution requires all states to recognize the legality of marriages performed in all other states, and in Massachusetts, the Supreme Judicial Court has ruled that barring an individual from marrying a person of the same sex violates the state constitution's Equal Rights Amendment.
Three of the seven justices on the Massachusetts high court disagreed with the majority's opinion. One pointed out that the state Equal Rights Amendment was presented to the voters in 1976 with the explicit guarantee that "an equal rights amendment will have no effect upon the allowance or denial of homosexual marriages."
But the majority held that "civil marriage is an evolving paradigm" and that "the history of constitutional law 'is the story of the extension of constitutional rights and protections to people once ignored or excluded.'"
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