Politics
Thursday September 21, 2006
See today's LifeSiteNews stories
Homosexual “Marriage” Not Legal in Massachusetts, Lawyers’ Coalition Says
By Gudrun Schultz
BOSTON, Massachusetts, September 21, 2006 (LifeSiteNews.com) - The state of Massachusetts’ decision to issue marriage licenses to homosexual couples, under the direction of Governor Mitt Romney, went directly against the state constitution and was in fact illegal, a Boston-based coalition of lawyers has charged.
“No argument for the legality of homosexual marriage in Massachusetts can survive an examination either of the state constitution or of the Supreme Judicial Court’s own case law,” said lawyers in a statement to the head of the Washington D.C.-based Family Research Council, Mr. Tony Perkins.
The state Supreme Court ruling in Goodridge vs. the department of Public Health, delivered on November 18th, 2003, declared that banning gay “marriage” was unconstitutional; that ruling, however, did not change the law.
“The Massachusetts Constitution emphatically denies the judiciary the power to strike down laws or to suspend their enforcement or to assume any of the policy-making responsibilities of the elected branches,” the lawyers stated.
“[A]nyone asserting that the [Supreme Judicial Court] decision ‘legalized’ homosexual marriage in Massachusetts is fundamentally wrong about one of the clearest and most forceful parts of the state constitution.”
In fact, the lawyers said, the Supreme Court ruling acknowledged the limitation of judicial power and left it to the legislature to strike down the original marriage statute which excluded homosexual marriage. “Only a constitutional amendment by the people would be allowed to change the constitutional meaning of the term marriage.”
The legislature did not take that step. Nevertheless, Gov. Romney ordered the state to issue homosexual marriage licenses, an order that directly contravened the existing marriage statute.
“How did Mitt Romney get the authority to strike down a law that he had sworn to uphold and that the court said would remain in force until the Legislature repealed it?” the lawyers said. “Is Mitt Romney a one-man legislature? The Executive has no legal authority to enforce laws that do not exist.”
The group pointed out that Gov. Romney’s Training Session for Town Clerks on implementing the SJC decision acknowledged that the law had not been changed, while at the same time calling for the implementation of the “new law” permitting homosexual marriage on May 17, 2004.
The lawyers called for an “immediate” change to the language used by pro-family groups opposing same-sex marriage.
“It must be repeated at every opportunity that homosexual marriage is not legal in Massachusetts and that under direct assault from all three branches of government, constitutional governance has broken down in this state and such behavior is spreading elsewhere.”
Access Goodridge vs. Department of Public Health here:
http://www.masslaw.com/signup/opinion.cfm?page=ma/opin/sup/1...
See related LifeSiteNews coverage:
Massachusetts Court Orders State to Allow Homosexual 'Marriage'
http://www.lifesitenews.com/ldn/2003/nov/03111801.html
Poll Reveals More than Two-thirds of Massachusetts Voters Want Vote on Marriage
http://www.lifesitenews.com/ldn/2004/jan/04010704.html
Back to TopSHARE THIS STORY: E-mail Print Newsvine Digg Reddit Del.icio.us Facebook
Latest Headlines
- Over 100 MPs Oppose Morgentaler Order of Canada - List Released Today
- National Right to Life calls GOP Platform "Strongest Ever" on Life Issues
- Exclusive: Prominent Rabbi Says Lieberman was Excommunicated and it is Still in Effect
- Comments on August 28 LifeSiteNews
- McCain Himself Accuses Obama of Courting Infanticide
- Two More Bishops Make 8 Who Have Come Out against Pelosi's 'Catholic' Abortion Theology
- VP Hopeful Biden about Pro-Abortion Stance: "My Views are Totally Consistent with Catholic Social Doctrine..."
- Protests and Official Mourning Declared following Mexican Pro-Abortion Ruling
- Pure Utilitarianism: Doctors Justifying Killing Infant Patients for Organ Donation
- Philippines Court Rejects Claims of New York Based Pro-Abortion Group
- MPs Affirm Continued Support for C-484 - Unborn Victims of Crime Bill
- Brazilian Supreme Court Hears Testimony on Eugenic Abortions
- Cells Transformed into Insulin Producers in Research that Makes Embryonic Research "Irrelevant"
- Priests for Life Nine Week Novena Prayer for Election Begins September 1st
Most Read this Week
- Biden's Bishop Will not Permit Him, Even if Elected VP, to Speak at Catholic Schools
- "Catholic" Speaker Pelosi Denies that Catholicism Condemns Abortion
- Cardinals, Bishops and Congressmen Slam Pelosi on Abortion
- Talk a Woman out of Abortion in the UK? Two Years Jail
- Mainstream Media Admits Anti-Family Bias: NBC to 'Gay' Activists: 'Your Victories Are Our Victories'
- Pelosi Spokeswoman About-face: Catholic Church "Clear" on Life Teaching After All - But Catholics Need Not Listen
- American Apparel Defends "Pornographic" Billboards
- New York Cardinal - Pelosi Not Worthy of "Providing Leadership in a Civilized Democracy"
- Conservative Party of Canada Kills Unborn Victims of Crime Act with Gutless Alternative
- Pro-Life Billboard Vandalized with "Joker" Face Paint and Slogan: "Why So Serious?"
MORE NEWS: 
LifeSiteNews.com Home Page Last 10 Days Archives Special Reports
Copyright © LifeSiteNews.com. This work is licensed under a Creative Commons Attribution-No Derivatives License. You may republish this article or portions of it without request provided the content is not altered and it is clearly attributed to "LifeSiteNews.com". Any website publishing of complete or large portions of original LifeSiteNews articles MUST additionally include a live link to www.LifeSiteNews.com. The link is not required for excerpts. Republishing of articles on LifeSiteNews.com from other sources as noted is subject to the conditions of those sources.