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Law

State's constitution was basis for ruling


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(CNN) -- In its ruling against a state ban on same-sex marriage, the Massachusetts Supreme Judicial Court rejected arguments based on religious or moral grounds. (Main story)

"The question before us is whether, consistent with the Massachusetts Constitution, the commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry," according to the majority opinion. "We conclude that it may not."

The court said denying gay couples the right to marry "is incompatible with the constitutional principles of respect for individual autonomy and equality under law."

"Whether and whom to marry, how to express sexual intimacy, and whether and how to establish a family -- these are among the most basic of every individual's liberty and due process rights," the majority opinion said. "And central to personal freedom and security is the assurance that the laws will apply equally to persons in similar situations.

"Barred access to the protections, benefits and obligations of civil marriage, a person who enters into an intimate, exclusive union with another of the same sex is arbitrarily deprived of membership in one of our community's most rewarding and cherished institutions," the opinion said.


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