In the latest advance for gay and lesbian rights in the US, the Massachusetts Supreme Court ruled yesterday that the state's ban on same-sex marriage was unconstitutional.
However the 4-3 ruling stopped short of instructing Massachusetts to issue marriage licenses, instead ordering the legislature in Boston to work out a solution within 180 days.
There it will come up against a drive by several members, backed by Speaker Tom Finnerman, to amend the state constitution so as to define a legal marriage as the union of a man with a woman.
Republican governor Mitt Romney said yesterday he supported such an amendment as marriage was "an institution between a man and a woman", though he supported giving basic rights and benefits to "nontraditional" couples.
In its ruling the court declared: "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. And central to personal freedom and security is the assurance that the laws will apply equally to persons in similar situations."
The decision goes further than a 1999 Vermont Supreme Court ruling that resulted in that state legalising civil unions, according to Ms Mary Bonauto, who represented seven gay couples who sued Massachusetts state.
At an emotional press conference with the couples, she said Vermont-style civil unions fall short of marriage and the only task assigned to the Massachusetts legislature was to change the law to allow gay couples to marry at the end of the 180 days.
"Finally all families in Massachusetts will have the opportunity to be equal under the law and couples together for years or decades will have the right to join in civil marriage," she said.
As states honour each other's marriages, opponents of gay marriages in the US House of Representatives in Washington are currently considering a constitutional ban on gay marriages.
In other advances for gay and lesbian rights in the America this year, the US Supreme Court struck down anti-sodomy laws, and the Episcopal church ordained an openly-gay bishop.
In the Massachusetts ruling yesterday, chief justice Margaret Marshall stated: "Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support. It brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial and social benefits. In return, it imposes weighty legal, financial, and social obligations."