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Gay marriage challenges loom in Mass.

For a month now, hundreds of gay couples have gotten married in Massachusetts with remarkably little fanfare or protest. But a legal challenge looms later this week.
Matt Miller, left, holds his Massachusetts Certificate of Marriage as his husband, Jon Andersen, right, hugs Rabbi Howard Berman, center, seconds after the two were wed by the Rabbi at the Arlington Street Church, in Boston, on Thursday.Steven Senne / AP file
/ Source: The Associated Press

For a month now, hundreds of gay couples have gotten married in Massachusetts with remarkably little fanfare or protest. But the honeymoon is about to end.

Gay-marriage opponents are targeting the Legislature this fall, when all 200 seats are up for election. They want to see passage of a constitutional amendment to ban gay marriage.

“The people who are in favor of marriage, the traditional definition of it, we still haven’t given up,” said Michael Carl, president of a political action committee to support candidates who oppose gay marriage and civil unions.

On the other side of the issue, gay-marriage supporters plan to mount a legal challenge later this week to the 1913 law that Gov. Mitt Romney has used to block out-of-state couples from exchanging vows in Massachusetts.

Overturning the law could lead large numbers of gays and lesbians to come to Massachusetts to get married. Those couples could then demand legal recognition in their home states, setting off challenges to marriage laws across the country.

A source familiar with the legal challenge who asked not to be named told The Associated Press that two lawsuits would be filed on Friday — one on behalf of about a dozen cities and towns and one on behalf of out-of-state couples.

A news conference was to be held Thursday morning to discuss the details.

Legislature targeted
It is not clear exactly how many gay couples have gotten married since May 17 as a result of a first-in-the-nation ruling by Massachusetts’ high court that said gays have the right to wed. City and town clerks have two months to file the marriage-license paperwork. But on the first day alone, about 1,700 applications were issued.

Gay-marriage foes who had warned of the imminent destruction of a sacred institution have held off holding any large-scale protests and have instead spent the past weeks regrouping for the months and years ahead.

They say they want to focus their attention on legislators at the state and national level, not the couples.

In March, the Legislature narrowly passed, 105-92, a proposed amendment to the Massachusetts Constitution that would ban gay marriages but legalize Vermont-style civil unions. The proposed amendment must be approved again in the 2005-06 legislative session before it can be put to the voters for ratification in November 2006.

Given the narrow margin of approval, both sides are working to try to shore up their support in the Legislature.

Gay-marriage foes are recruiting challengers for the upcoming legislative races.

In addition, the lobbying arm of the state’s four Roman Catholic dioceses is sending letters to every parish in the state, urging Catholics to let lawmakers who did not vote to ban gay marriage know of their “profound disappointment,” and encouraging high praise for those who opposed gay marriage. However, the Boston Archdiocese has stopped short of pushing for the defeat of lawmakers who support gay marriage.

Legal maneuvers
Also at issue is a 1913 state law that prohibits clerks from issuing licenses to couples if the marriage would not be legal in their home state.

“It’s an ongoing piece of discrimination ... that really needs to be addressed,” said lawyer Mary Bonauto, who represented the seven gay couples in the landmark case that led to the legalization of gay marriage.

Provincetown, a gay tourist hot spot on Cape Cod, and at least three other communities initially defied the governor and issued licenses to out-of-state couples. But they stopped on orders from the attorney general.

On another front, a lawsuit filed by a coalition of conservative groups and lawmakers is before a federal appeals court in Boston. The lawsuit claims the state’s high court overstepped its bounds by changing the traditional meaning of marriage.

Also, a long-shot piece of legislation has been filed in an attempt to remove the four justices who ruled in favor of gay marriage.

Cheryl Andrews and Jennifer Germack are among the gay couples who have gotten married. They said life has been remarkably normal since then.

“The world is the same,” said Andrews, a physician and chairwoman of the Provincetown Board of Selectmen. “We have the same issues all over America, the economy and people’s lives and Iraq and the presidential election.”