The gamecock. (Columbia, S.C.) 1908-2006, August 19, 2004, Page A7, Image 7
AROUND THE NATION
Judge backs law barring gay marriage
BOSTON — A state judge on
Wednesday rejected a challenge of
a 1913 law barring out-of-state gay
couples from marrying in
Massachusetts, where residents
have had that first-in-the-nation
right since May.
Superior Court Judge Carol Ball
denied a request by eight gay
couples from other states for a
preliminary injunction blocking
Massachusetts from enforcing the
law, which prohibits marriages that
would not be legal in couples’
home states.
An attorney for the plaintiffs
said they are considering several
avenues of appeal, and believe the
case ultimately will be decided by
the Massachusetts Supreme Judicial
Court.
“We always knew this was really
just round one, and round two will
be at the appellate court,” said
Michele Granda, an attorney with
Gay and Lesbian Advocates and
Defenders.
Since a November ruling by the
state’s high court paved the way for
residents to have same-sex
weddings beginning May 17, gay
rights advocates have made out-of
state couples their next legal
frontier.
Gov. Mitt Romney cited the
1913 law in directing city and
town clerks to turn away
nonresident couples seeking
licenses. The eight couples who
sued — from Connecticut, Rhode
Island, New Hampshire, Vermont,
Maine and New York —claimed
the law was inherently
discriminatory.
But Ball said the law, as
currently enforced, is being applied
equally to all nonresidents. For
instance, it has been used to stop
marriages of couples who didn’t
meet their states’ age requirement
for marriage.
“Clerks were instructed to do so
for all couples and all impediments,
not just for same-sex couples,” Ball
wrote.
Ball said the state has a
rational reason to ensure that
marriages it approves have
validity in other states. However,
“Judge Ball is
obviously expressing
sympathy for the
plaintiffs.”
PAUL MARTINEK
PUBLISHER OF LAWYER'S WEEKLY USA
she also said she sympathized
with the plaintiffs and was
“troubled” by the state’s
decision to suddenly begin
enforcing the 1913 law.
Legal experts said Ball’s
decision does not hold out much
hope that the plaintiffs can
prevail on appeal.
“Judge Ball is obviously
expressing sympathy for the
plaintiffs, but ultimately she
concludes that the statute is
facially valid and she doesn’t
seem to see any evidence that
there is anything wrong with
what the state is doing,” said Paul
Martinek, publisher and editor
in-chief of Lawyers Weekly USA.
A press secretary for Romney
declined comment on pending
litigation.
A spokesman for Attorney
General Tom Reilly welcomed
Wednesday’s ruling, saying it
“supports the principle that ...
Massachusetts has a legitimate
interest to respect the rights of
other states to determine their
own marriage laws.”
■ GMP
Continued from page 1
close at the end of the day
because they did not close during
the summer, which would
explain the overnight increase.
Belesky said she has not
compared the price to those of
off-campus vendors, but she
recalled most places providing a
side with the wrap for the same
price the Grand Market Place
charges for the wrap alone.
The price of food bought from
the market place’s wholesaler has
gone up, which has a large impact
on what the price of food. Another
important factor is ensuring that
dining service employees are paid
their wages, Scheffres said.
A competitive analysis is
conducted on surrounding businesses
on exact products to ensure
customers are not paying more by
eating on-campus, Scheffres said.
“We are never above what
anyone could buy outside the
university,” Scheffres said. Their
goal is to keep prices equal to or less
than the surrounding businesses.
For example, he said, if you have
a 5 ounce beef patty, it is critical it
be compared to the same amount of
beef at another business. Scheffres
said that faculty, staff and students
might not notice the price change
because on average the increases are
from $.05 to $.15 on selected items
such as chicken and beef.
“We try to offer as many options as
we can that are popular and are what
the students want, Scheffres said.
Scheffres said the Grand 'Market
Place has to adjust products and
prices to fit the economy’s market
price because even when a major
amount of student are not on
campus, the cafeteria is still open.
Comments on this story? E-mail
gamecocknetvs@gwm.se. edu
Kristi
Carpenter, a
second-year
athletic
training
student,
buys food at
the Grand
Market
Place.
JASON
STEELMAN/THE
GAMECOCK
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