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Mass. high court to hear challenge to marriage law


Boston, Feb. 25, 2005 (LifesiteNews.com/CWN) - The Massachusetts Supreme Judicial Court has accepted a challenge to the state law banning same-sex couples from out-of-state getting married there.

The 1913 law bars marriage for couples whose union would be illegal in their home state.

The court agreed to hear the case in late January, but the decision was not made public until now. The hearings are scheduled to proceed in September.

In a 4-3 split decision, the Massachusetts high court ruled in November 2003 that denial of marriage to homosexual persons violates the state’s constitution. It demanded that the legislature alter its legislation to reflect the court’s decision within 180 days. The new law came into effect May 17 last year.

Bishop Robert McManus of Worcester, installed the day before city and town clerks began granting marriage licenses to same-sex couples, commented on the court decision that authorized same-sex unions. “The judicial decision of a court can never make morally right what is by nature morally wrong,” he said.

“Moreover, it must be pointed out that Catholics, especially public officials, who willingly and with approval facilitate the legal sanctioning of same-sex unions are involving themselves in cooperation with evil,” he added. “Such cooperation is not free from serious moral and spiritual harm.”

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