BOSTON (AP) — A 1913 law that went virtually unnoticed for almost a century may take center stage in the battle over gay marriage in Massachusetts.

The law prohibits clerks from issuing licenses to couples if the marriage would not be legal in their home state.

After the state's Supreme Judicial Court ruled in November that same-sex couples had a right to marry, Gov. Mitt Romney used the 1913 law to block out-of-state couples from exchanging vows in Massachusetts.

Gay rights advocates contend the law is unconstitutional. They also said it's discriminatory to enforce it against gay couples when heterosexual couples from out-of-state were rarely, if ever, challenged over the past several decades.

Story continues

advertisement

The advocates plan to challenge the law in court this week.

A source familiar with the legal challenge who asked not to be named told The Associated Press that two lawsuits would be filed -- one on behalf of about a dozen cities and towns and one on behalf of out-of-state couples.

A news conference was scheduled for Thursday morning to discuss the details. The actual lawsuits would not be filed in Suffolk Superior Court until Friday because Boston courts are closed on Thursday for a county holiday.

Somerville Mayor Joseph Curtatone confirmed the city, just north of Boston, would be among the communities filing. He said using the law to stop out-of-state gay couples from marrying was "outrageous."

"We've been out on the lead of this issue from the beginning because we want to treat people equally." Curtatone said. "We're confident we're on the right side of the law."

The state's Supreme Judicial Court ordered that weddings begin taking place after May 17.

Several cities and towns issued licenses to out-of-state couples until the governor, a Republican opposed to gay marriage, warned clerks the state wouldn't recognize them. Attorney General Tom Reilly issued cease-and-desist letters.

Overturning the law could lead large numbers of gays and lesbians to come to Massachusetts to get married. Those couples could then demand legal recognition in their home states, setting off challenges to marriage laws across the country.