The gamecock. (Columbia, S.C.) 1908-2006, August 19, 2004, Page A7, Image 7

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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 COMMITTED TO STRENGTHENING THE FINANCIAL FUTURE OF OUR STUDENTS liliiiliiii Welcomd Back! 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