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Show \® DAILY Friday, March 31, 2006 HERALD Court ruling leaves disappointmentfor gay couples Jay Lindsay ‘The court sent their case, and the case of a couple from Rhode BOSTON — Amy Zimmer Island, back to a lower court saying it was unclear whether man and Tanya Wexier knew their home states prohibit same- old daughter wouldn't sit still Gay marriage advocates said the ruling means couples from states where gay marriage isn't explicitly banned can argue for their marriages to be recognized their 6-year-old son and 5-yearfor details abouta state high court ruling on the legality of their marriage, so they agreed sex marriage to deliverthe news with a simple thumbs up or down. in Massachusetts. Zimmerman It wasn't that easy “I said, ‘OK guys, lookslike it's a thumbs sideways,’ " Wexlersaid. The SupremeJudicial Court, whichin 2003 made Massachusetts the only state tolegalize gay marriage, on Thursdayup- said she wasn't sure what it “We do consider ourselves still married,” said Zimmerman, 33. it” “Thereis a limbo element to Eight gay couples from surrounding states had challenged held a'1913 state lawthat forbids the law in'a-case watched nonresidents from marrying closely across the country. Five of those eight couples actually received marriagelicenses in thereif their marriage would not be'recognized in their home state and Wexler, who are from New York in matters “It's painful to know you'll be in which another state, the one waese econ sceaiy 20088, treated equally under the law if and only if you happen tolive has a paramount interest.” here,” she said. “Otherwise, you lieve that nonresident same-sex couples primarily are coming person.” In oral arguments before the ‘The state “can reasonably are completely unequal as a gay to this commonwealth to marry because they want toevade the marriage lawsof their home high court in October, a lawyer for the couples argued that the 1913 law had been unused for States, and that Massachusetts decades until it was “dusted ern Lene off” by Romney in an attempt to discriminate against same- ea a Republican whois sex couples. Attorneysfor the considering a run for president state argued that Massachusetts “We don't want Massachusetts to become the Las Vegas the lawsof other states. “What the court did today is in 2008, applauded the ruling of same-sex marriage," Romney said. “It’s important that other states havethe right to make their own determination of mar- risked a backlashif it ignored _really to recognize that it's up to each state to decide what their lawswill be,” Attorney General Thomas Reilly said. “This deci- sion does not impact in any wuy law be enforced. riage and not follow the wrong course that our Supreme Judicial Court put us on.” Arline Isaacson of the Massachusetts Gay and Lesbian Politi- In Thursday'sruling, Justice Francis Spina wrote that Massachusetts “has a significantin- cal Caucus called the decision “a who received licenses would haveto be determined in their painful reminder that we remain second-class citizens.” basis. Massachusetts before Gov. Mitt The decision was a disappointment for gayrights groups, and left uncertainty for Zimmerman terest in not Romney ordered that the 1913 CHITOSE SUZUKI/Associated Press Massachusettsciti citizens.” Reilly said the legality of the marriages of out-of-state couples home states on a case-by-case left, and her partner Tanya Wexler of New York City are seen with their children Jerry Zimmerman Wexler,6,left, and Ella Zimmerman Wexler, 5, during a news conferencein Boston on Thursday. Thestate's highest court ruled that same-sex couples from states where gay marriageis bannedcannot legally marryin Massachusetts. DailusHerald Established in 1873 - A LeeNewspaper Start spring off with a weekendsale CustomerService 375-5103 on two hot phones. Newsroom 801-344-2540 Toll free 800-880-8075 FAX 801-373-5489 www. heraldextra,com Street address: 1555 N. 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