Menino may defy Romney on gays
Boston may ignore Governor Mitt Romney’s directives and instruct city officials not to ask gay couples for proof of residency when they apply for marriage licenses this month.
Aides to Mayor Thomas M. Menino said the mayor will move ahead if city lawyers find they can legally justify disregarding Romney’s demand that officials review residency documents, part of the governor’s attempt to keep out-ofstate gay couples from marrying in Massachusetts.
“There is a good chance I might defy the governor, but we’re still looking at our options,” the mayor said. “It’s about civil rights. It’s about uniting people. It’s about showing that we don’t discriminate in the city of Boston.”
By directly defying the governor, Menino, a Democrat who supports gay marriage, would be making a major political statement. Romney, a Republican, has worked aggressively to stop gay marriage from coming to Massachusetts, through a variety of legal strategies. But Menino said he is planning to make gay marriage as easy as possible in Boston.
On the morning of May 17, when gay marriage becomes legal in the state under a Supreme Judicial Court ruling, about 20 city workers wearing "welcome" badges will be available at City Hall to answer questions, the mayor said. The city will set up an information booth just outside the building, where couples will be given numbers to mark the order in which they'll be served.
The city is printing 3,000 full-color brochures, which will include a letter of congratulation from Menino and instructions on how to obtain marriage licenses. The brochures will be "how-to" guides on gay marriage and will provide information on getting the three-day waiting period for a marriage license waived by a probate court judge, on finding justices of the peace to perform weddings, and on getting to city and town halls in Boston's suburbs if Boston finds itself backed up.
Romney "wants to continue to throw up roadblocks," Menino said. "The decision has been made by the courts. Why continue to do end runs? It's the law. Let's do it right. Let's do it with respect."
Some communities, including Cambridge and Provincetown, have signaled they will take steps to be receptive to gays wanting to get married, but none has said it would go as far as defying Romney's directive on questioning out-of-state applicants.
As mayor of the state's largest city, Menino stands to make a political impact.
But Romney has said he wants to strictly enforce a 1913 state law that says out-of-state couples cannot be married in Massachusetts if their marriages would be "void" in their home states.
Because the 49 other states do not allow gay marriage, Romney's policy, if carried out, would prevent out-of-state gay couples from marrying in Massachusetts. The Romney administration has already rewritten marriage license forms to include a requirement that city and town clerks ask for proof of residency in Massachusetts.
Menino said that since the city has never asked heterosexual couples for residency documentation, subjecting homosexual couples to such scrutiny may amount to discrimination.
Following the governor's instructions could even open the city to lawsuits, he said.
The mayor said he will communicate his final decision on questioning applicants to City Registrar Judy A. McCarthy, whose office issues marriage licenses in Boston; McCarthy said she will follow the mayor's instructions.
City Clerk Rosaria Salerno, who regularly performs marriages at City Hall, said she will marry all couples who come to her office with a marriage license issued by a Massachusetts city or town. Her job does not include checking residency, she said.
"If they come up here with a valid license, I will perform the ceremony," Salerno said. "They will absolutely be taken care of."
Ignoring the 1913 law could prompt legal challenges from the Romney administration or other entities, and gay marriages conducted in Massachusetts still may not be recognized in other states. But if Menino decides to ignore Romney's orders, out-of-state couples could flock to Boston to get married, and mayors of other cities and towns around the state could be emboldened to follow the city's lead.
"We're making sure this is a dignified day, that there's not a circus atmosphere, that people are treated respectfully," said Gary Sandison, a special adviser to Menino who is coordinating the city's preparations for May 17. "We'll try to keep it as orderly as possible."
Salerno is considering opening up her offices to television cameras for the first time, for those interested in documenting the first gay marriages performed in Boston. Last week, MTV contacted her about filming the ceremonies of four couples the network is following for a planned documentary, she said.
"I'll have to give it some thought, as to whether this is a time to be flexible, given that we're breaking new ground," Salerno said.
The city Registry Division will open at 9 a.m. May 17, just as it does every other normal workday. But city officials may allow couples to start lining up as early as 6:30 a.m., with numbers being handed out when City Hall opens at 7:30 a.m.
Registry officials are estimating that they can process only about 200 marriage licenses per day, so those given numbers higher than 200 will be told they'd be best served by coming back the next day.
Menino said he views May 17 as an opportunity to highlight the fact that Boston is an inclusive and friendly city.
"I think it's important that we treat people with respect and dignity," the mayor said. "We want the city to work for all of our people, not just for some of the people."
Rick Klein can be reached at rklein@globe.com. 