A part of me naturally is exultant at today’s 4-3 decision by the Massachusetts Supreme Court striking down a state ban on same-sex marriages [link is to the Washington Post article], ruling that the right to marry includes “the right to marry the person of one’s choice,” and requiring the state legislature to take steps to comply with the ruling within 180 days.
Whether and whom to marry, how to express sexual intimacy, and whether and how to establish a family–these are among the most basic of every individual’s liberty and due process rights. And central to personal freedom and security is the assurance that the laws will apply equally to persons in similar situations.
But the cynical, pessimistic side is convinced that this will be the impetus for a successful federal constitutional amendment permanently barring marriage–and probably even any near-comparable civil unions or other legal status–between same-sex partners in the U.S.
[Full text of the decision, from FindLaw] (Adobe PDF)