Overstating and Underplaying

The Rhode Island attorney general, Democrat Patrick Lynch, has released a politic statement regarding the validity of Massachusetts same-sex marriage in his state:

In Rhode Island, as in other states, many of the answers to the questions raised by same-sex marriage, such as the one posed by [Massachusetts] Governor Romney in his April 29, 2004, letter to [Rhode Island] Governor Carcieri, will ultimately come from the courts-not from the Attorney General, the Governor, or any other state officer or employee. No Rhode Island court has addressed or interpreted whether or not Rhode Island's marriage laws permit same-sex couples to marry or whether same-sex marriages, if performed in Rhode Island, would be void. To date, the only marriages in Rhode Island deemed void involve bigamy, incest or mental incompetence, or marriages in which one or both parties never intended to be married.

A different legal issue is whether same-sex marriages legally performed in Massachusetts would be recognized as marriages under Rhode Island law. If a same-sex couple were to marry in Massachusetts, where such marriages are legal, Rhode Island would decide whether to recognize that marriage under principles of comity. This Office's review of Rhode Island law suggests that Rhode Island would recognize any marriage validly performed in another state unless doing so would run contrary to the strong public policy of this State. Public policy can be determined by statute, legal precedent, and common law.

He leaves the possibility open, but notes (correctly) that it isn't really his place to make the call. In other words, Kate Monteiro, of the RI Alliance for Lesbian and Gay Civil Rights, is simply incorrect to say, "Lynch has said clearly that what we've done for centuries in Rhode Island will continue - that valid legal marriages performed in other places are recognized here in Rhode Island." He said they might be recognized; "it potentially involves the interpretation of statutes, a constitutional analysis, and the application of common law principles relating to the relationships between and among the different states."

What's more striking — and probably indicative of Lynch's personal views — is that the attorney general warns homosexual Rhode Islanders only that, before heading to Massachusetts to marry, "they may want to consult with a private attorney and, in any event, they should take care when completing any application and when attesting to the truth of any matter." Surely, Lynch knows that lying about residence will open couples up to perjury charges. In fact, that's the argument that town clerks are going to use in their own defense — that "the onus would be on the couple to be truthful and to accept the consequences of getting a license in defiance of the governor's edict." (What that last bit means, in translation, is "in defiance of the governor's reminder of Massachusetts law.")

For all I know, some legal principle bars Lynch from making assertions about Massachusetts laws. That excuse doesn't apply, however, to the Providence Journal, which handles the matter as follows, in the piece announcing Lynch's statement:

Lynch said gay couples traveling to Massachusetts to wed should consider consulting with a private attorney and take care when answering application questions.

In most Massachusetts cities and towns, clerks are following Massachusetts Gov. Mitt Romney's directive to issue licenses only to residents or those who plan to move to Massachusetts.

Wouldn't it clearly be an important part of the Projo's service to its readers to mention where the legal "onus" lies?