The Corner

Thinking Out of The Box

Boy, do we have smart readers! Inspired by my NRODT article about the

Gender Recognition Bill, a reader has solved the Massachusetts

constitutional conundrum:

“Derb—Your recent article regarding the Gender Recognition Bill got me to

thinking about the problem in Massachusetts. Everyone assumes the Court has

checkmated the Legislature by mandating gay marriage on a timeline that

cannot be blocked by amending the state constitution. But there is another

way. To make a point, could the Legislature not pass a law eliminating all

marriage until an amendment is passed? This would still provide equal

protection to all. Hetero couples wishing to marry could simply do so in a

neighboring state. Massachusetts is relatively small; thirty minutes in some

direction will get you to a state where marriage is legal. Same-sex couple

could drive to Vermont for their civil union. Then, in 2005 or 2006,

whenever an amendment is passed, the Legislature could reauthorize

marriage.”

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