BOSTON — The highest court in Massachusetts, clarifying its stand on gay unions, ruled Wednesday that same-sex couples were entitled to marry, beginning as early as May 17.
The Supreme Judicial Court ruling makes Massachusetts the first state to grant the full rights of marriage to gay and lesbian couples. In clear and forthright terms, the court declared that civil unions or other marriage-like institutions would not meet the state's constitutional standards.
"The history of our nation has demonstrated that separate is seldom, if ever, equal," the court ruled. Three of the seven justices dissented.
The landmark ruling comes as states across the country are considering constitutional amendments to keep gays from marrying and are passing statutes to protect the union between a man and a woman.
The issue is likely to be troublesome for Democrats in this year's presidential race. The current front-runner, Massachusetts Sen. John F. Kerry, long has opposed gay marriage but advocates full legal protection for same-sex couples. The controversy may remind conservative voters that he comes from a liberal state. Kerry did not comment on the court's action.
Wednesday's ruling affirmed the court's November decision granting seven same-sex couples the right to marry -- and extending that privilege to all gay and lesbian couples in Massachusetts. The court gave the Legislature six months to establish a law for same-sex marriage.
The justices were firm in responding to a request by the Legislature that the court approve civil unions instead of marriage for homosexual couples.
"The very nature and purpose of civil marriage," the justices said Wednesday, "renders unconstitutional any attempt to ban all same-sex couples ... from entering into civil marriage."
Massachusetts Atty. Gen. Tom Reilly said the meaning of the court's ruling was indisputable. "Same-sex couples have the constitutional right to marry under Massachusetts law," he said.
Next week, state legislators plan to convene a rare constitutional convention to consider pursuing an amendment that would limit marriage to heterosexual couples.
Gov. Mitt Romney, a Republican who has voiced strong opposition to gay marriage, said Wednesday that he welcomed the opportunity to take the issue to Beacon Hill.
"We've heard from the court, but not from the people," Romney said. "The people of Massachusetts should not be excluded from a decision as fundamental to our society as the definition of marriage."
