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[bryant]

The mayor of New Paltz, New York is about to start performing gay marriages.

The story highlights an important aspect of this issue: namely, that the New York state constitution does not specify marriage as being between a man and a woman. Nor does the Massachusetts state constitution. The Massachusetts SJC, like the mayor of New Paltz, are in fact taking strict constructionist approaches to interpreting the law. Does the state constitution say that marriage is restricted to one man and one woman? If not, by strict constructionist doctrine, it is not.

Comments

[bryant]

There's more strength to the argument with regards to the MA SJC than to the mayors, definitely. On the other hand, if the state agency says "No, you can't do X" and it's clearly based on a bad interpretation of the law... should you obey the law, or the appointed agency directors?

[ronebofh.livejournal.com]

I think that, at that point, you take it to court. The civil disobedience is optional.