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chickenThe latest subtle spin emphasizes individual legal advice.
Lynch: R.I. Would Recognize Same-Sex Marriages
Attorney General Tells Couples To Seek Legal Advice
POSTED: 10:57 am EDT May 17, 2004
UPDATED: 2:24 pm EDT May 17, 2004
PROVIDENCE -- Attorney General Patrick Lynch said Monday that under his interpretation of state law, same-sex couples who wed in neighboring Massachusetts would remain legally married in Rhode Island.
Lynch offered his opinion on the same day Massachusetts began issuing marriage licenses to gay couples. Some Rhode Island couples are expected to cross the border to say their wedding vows, including one gay couple who wrote to Lynch to ask him whether their marriage would be recognized in their home state.
"This office's review of Rhode Island law suggests that Rhode Island would recognize any marriage validly performed in another state unless doing so would run contrary to the strong public policy of this state," Lynch said in a statement.
Legal analysts told The Associated Press that regardless of Lynch's opinion on the matter, the issue would likely end up in the state's court system.
"Attorney General Lynch's advisory opinion ... is not determinative of Rhode Island's public policy, although it could be an element for the court to consider," said Emily Sack, an associate professor at Roger Williams University's law school.
The high court in Massachusetts ruled in November that the state Constitution allows same-sex couples to marry. Massachusetts Gov. Mitt Romney has said state law prohibits couples from marrying there if the marriage would be illegal in their home state, and no other state recognizes same-sex marriages.
Rhode Island's law does not outline the issue in black and white. In his opinion on Monday, Lynch advised any Rhode Islanders to consult with a private attorney before seeking marriage licenses in Massachusetts.
Lynch, the state's highest law enforcement officer, and his office had been reviewing the state's law for months before issuing an opinion.
"Whether or not his word carries the day, who's to say," said David Yas, an attorney and editor of Rhode Island Lawyers Weekly. "Needless to say it's a delicate political subject."
The General Assembly has more influence on the matter, as Rhode Island lawmakers are considering opposing bills on same-sex marriages. Among the measures, one would define marriage as between a man and a woman, while another would legalize same-sex marriages and recognize such unions performed in another state.
"In Rhode Island, the slate is clean, and if lawmakers choose to act, they could still ban gay marriages," Yas said. "They could ban gay marriages and allow civil unions, or they could remain silent."
Lynch: R.I. Would Recognize Same-Sex Marriages
Attorney General Tells Couples To Seek Legal Advice
POSTED: 10:57 am EDT May 17, 2004
UPDATED: 2:24 pm EDT May 17, 2004
PROVIDENCE -- Attorney General Patrick Lynch said Monday that under his interpretation of state law, same-sex couples who wed in neighboring Massachusetts would remain legally married in Rhode Island.
Lynch offered his opinion on the same day Massachusetts began issuing marriage licenses to gay couples. Some Rhode Island couples are expected to cross the border to say their wedding vows, including one gay couple who wrote to Lynch to ask him whether their marriage would be recognized in their home state.
"This office's review of Rhode Island law suggests that Rhode Island would recognize any marriage validly performed in another state unless doing so would run contrary to the strong public policy of this state," Lynch said in a statement.
Legal analysts told The Associated Press that regardless of Lynch's opinion on the matter, the issue would likely end up in the state's court system.
"Attorney General Lynch's advisory opinion ... is not determinative of Rhode Island's public policy, although it could be an element for the court to consider," said Emily Sack, an associate professor at Roger Williams University's law school.
The high court in Massachusetts ruled in November that the state Constitution allows same-sex couples to marry. Massachusetts Gov. Mitt Romney has said state law prohibits couples from marrying there if the marriage would be illegal in their home state, and no other state recognizes same-sex marriages.
Rhode Island's law does not outline the issue in black and white. In his opinion on Monday, Lynch advised any Rhode Islanders to consult with a private attorney before seeking marriage licenses in Massachusetts.
Lynch, the state's highest law enforcement officer, and his office had been reviewing the state's law for months before issuing an opinion.
"Whether or not his word carries the day, who's to say," said David Yas, an attorney and editor of Rhode Island Lawyers Weekly. "Needless to say it's a delicate political subject."
The General Assembly has more influence on the matter, as Rhode Island lawmakers are considering opposing bills on same-sex marriages. Among the measures, one would define marriage as between a man and a woman, while another would legalize same-sex marriages and recognize such unions performed in another state.
"In Rhode Island, the slate is clean, and if lawmakers choose to act, they could still ban gay marriages," Yas said. "They could ban gay marriages and allow civil unions, or they could remain silent."
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Date: 2004-05-17 03:56 pm (UTC)(no subject)
Date: 2004-05-17 06:47 pm (UTC)(no subject)
Date: 2004-05-18 01:01 pm (UTC)