"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.

"I recognize the likelihood that some Rhode Islanders will travel to Massachusetts to marry beginning this week. Before they do so, 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.

"Clearly, this is an important issue that stirs strong emotions on both sides of the debate. Moreover, 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. The most appropriate way for the Rhode Island Department of Attorney General to address this issue, however, is to fulfill our role as the State's chief legal advisor and address any court action that affects one or more of our clients in the courts. No such legal action is currently pending. We are also constrained from providing legal advice to other states' governors, or to private individuals, because by law this Office provides legal representation and legal opinions only to the State of Rhode Island, its departments, and agencies."