Where you live.

The "antiquated" provision of Massachusetts law referred to in "New England Nuptials?" [Match 16] was enacted in 1913. In 91 years it hasn't been challenged in state or federal court. This statute prohibits issuance of a Massachusetts marriage license if just one party is a resident of another state in which such a marriage would be illegal. This effectively punishes the Massachusetts resident because their fiance resides in the "wrong" state.

Besides the question of the fundamental rights of travel, privacy, and equal protection, this statute is probably voidable for vagueness. There's no specificity within the statute as to durational residency. In Dunn v. Blumstein, 1972, the U.S. Supreme Court held that durational residency in order to vote is subject to strict judicial scrutiny. Surely the right to marry is on the same constitutional plane as the right to vote. Hopefully, this 1913 statute will be challenged in court later this year.

Steven L. Kendall, Seattle, Wash.