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Rising tide

The mayor of New Paltz, New York is about to “start performing gay marriages”:http://www.fox23news.com/news/state/story.aspx?content_id=CA702E63-ADDA-40DA-9E46-C27BA5FAE460.
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”:http://www.law.georgetown.edu/gelpi/papers/conservative.htm 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.

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