Sex Neutral Marriage

Sex Neutral Marriage

Preamble - whereas the choice of two human beings to enter into a legal union to affirm their partnering; and to acquire the protection of the law; to become one legal person under law can not be barred by reason of sexual sameness; the laws of the state are amended accordingly: (a) Marriage licenses shall issue upon application by two adults who are free to marry by reason of an absent status of present marriage and a stated desire to marry. (b) Upon return of the license signed by the parties and the officiant of a ceremony of marriage; and witnesses thereto; the act of legal marital union shall be consummated. (c) No requirement of sexual difference, nor sexual consummation in any chapter of state law pertinent to marriage shall be enforced. (d) Where 'person' is referenced in the state law pertinent to marriage; that refernce shall be accorded a gender neutral construction by all agents of the state and in all judicial courts. (e)No marriage before nor after enactment of this law shall be construed as superior nor diminished by reason of transaction precedent to this enactment. (f) No marriage recorded by this statute shall be voided nor terminated save by the same procedures for nullification or divorce; currently required under existing state law. (g) Marriage license applications and recordations shall bear no distinguishment of sex. (h) No marriage performed under this section shall be valid; save the sex of each is known to the parties. ----- Post-Note ... this suggested sex neutral marriage law removes the 'common law' impediments and religious like objections to marriage when both parties are of the same sex, or who do not consummate their marriage. Both elements are grounds for annullment at common law. The law in this form would conform a procedure of the State of Massachusetts to the constitutional ruling of the Supreme Judicial Court, to immediately provide a legal form to accomodate the right of marriage to persons regardless of the sex of the parties seeking marriage. The proposed form simply eliminates the requirement of sex and sex type in marriage; repeals no other laws; does not diminish nor de-recognize any pre-existing statuses of marriage; and can be passed as an annex or amendment to the marriage code of all states. All marriages performed in the state become valid without sexual distinction or sexual difference required; nor any requrment of sexual consummation; and provide the protection and status of marriage in law to the parties. Link to Massachusetts General Laws As witnessed via C-Span the Massachusetts legislature sitting in joint session this evening February 11 2004, for Constitutional Convention defeated a bill which would have amended the Constitution and defined marriage as a union only between a man and a woman; and ofeerred a compromise second status for persons of the same sex in a civil union.