Gay marriage ruling has S. Florida impact
By Elizabeth Baier
South Florida Sun-Sentinel
March 31, 2006
Jack Kosko and John Fitzgerald will always consider themselves a married couple.
They were among the first gay couples to exchange vows in Massachusetts in 2004, one week after the state's Supreme Court allowed same-sex couples to obtain marriage licenses.
But the legality of their marriage was dealt a blow on Thursday when the court issued a second ruling saying same-sex couples from states where gay marriage is banned cannot legally marry in Massachusetts.
Florida is one of those states.
"In our hearts our marriage will always be legal," said Kosko, 57, who retired to Fort Lauderdale in late 2004.
The Massachusetts Supreme Judicial Court, which three years ago made Massachusetts the first state to legalize gay marriage, upheld a 1913 state law that forbids nonresidents from marrying in Massachusetts if their marriage would not be recognized in their home states.
"The laws of this commonwealth have not endowed non-residents with an unfettered right to marry," the court wrote in its 38-page opinion. "Only non-resident couples who come to Massachusetts to marry and intend to reside in this commonwealth thereafter can be issued a marriage license without consideration of any impediments to marriage that existed in their former home states."
More than 6,000 gay couples have tied the knot in Massachusetts since the court ruled in 2003 that the state constitution gives same-sex couples the same right to marry as heterosexual couples.
Kosko and Fitzgerald, 52, married in 2004, in the gay-friendly town of Provincetown. Soon after Kosko retired early to South Florida. Fitzgerald stayed as town treasurer of Provincetown. They visit each other once a month.
Kosko is disappointed his marriage will not be recognized once Fitzgerald moves to Fort Lauderdale.
"I think if it's legal in Massachusetts, then it should be legal everywhere," said Kosko, who lives in Coral Ridge.
The Associated Press contributed to this report.
Elizabeth Baier can be reached at ebaier@sun-sentinel.com or 954-356-4637.
South Florida Sun-Sentinel
March 31, 2006
Jack Kosko and John Fitzgerald will always consider themselves a married couple.
They were among the first gay couples to exchange vows in Massachusetts in 2004, one week after the state's Supreme Court allowed same-sex couples to obtain marriage licenses.
But the legality of their marriage was dealt a blow on Thursday when the court issued a second ruling saying same-sex couples from states where gay marriage is banned cannot legally marry in Massachusetts.
Florida is one of those states.
"In our hearts our marriage will always be legal," said Kosko, 57, who retired to Fort Lauderdale in late 2004.
The Massachusetts Supreme Judicial Court, which three years ago made Massachusetts the first state to legalize gay marriage, upheld a 1913 state law that forbids nonresidents from marrying in Massachusetts if their marriage would not be recognized in their home states.
"The laws of this commonwealth have not endowed non-residents with an unfettered right to marry," the court wrote in its 38-page opinion. "Only non-resident couples who come to Massachusetts to marry and intend to reside in this commonwealth thereafter can be issued a marriage license without consideration of any impediments to marriage that existed in their former home states."
More than 6,000 gay couples have tied the knot in Massachusetts since the court ruled in 2003 that the state constitution gives same-sex couples the same right to marry as heterosexual couples.
Kosko and Fitzgerald, 52, married in 2004, in the gay-friendly town of Provincetown. Soon after Kosko retired early to South Florida. Fitzgerald stayed as town treasurer of Provincetown. They visit each other once a month.
Kosko is disappointed his marriage will not be recognized once Fitzgerald moves to Fort Lauderdale.
"I think if it's legal in Massachusetts, then it should be legal everywhere," said Kosko, who lives in Coral Ridge.
The Associated Press contributed to this report.
Elizabeth Baier can be reached at ebaier@sun-sentinel.com or 954-356-4637.
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