Supreme Court Rejects Gay Marriage Case

Supreme Court Rejects Gay Marriage Case
by Doreen Brandt 365Gay.com Washington Bureau

Posted: November 29,2004 11:03 am ET

(Washington) The US Supreme Court Monday declined to hear a challenge to the Massachusetts court ruling that opened the door to same-sex marriage.

The decision effectively sidesteps the gay marriage issue. The justices, as is the tradition of the court, did not give a reason for declining to hear the case.

The court had been asked by conservative groups to overturn the year-old decision by the Massachusetts Supreme Court legalizing gay marriage.

The Florida-based Liberty Counsel said in its brief to the court that the US Constitution should "protect the citizens of Massachusetts from their own state supreme court's usurpation of power."

The suit was filed on behalf of Robert Largess, the vice president of the Catholic Action League, and 11 state lawmakers.

In a brief filed by the city of Boston in opposition to Liberty Counsel attorney Merita Hopkins argued that Liberty Counsel had not shown they suffered an injury and could not bring a challenge to the Supreme Court.

Massachusetts Attorney General Tom Reilly told justices that voters can overrule the Supreme Court by adopting a constitutional amendment.

It was the second setback for Liberty Counsel which had earlier asked to court to block the the state from beginning gay marriages. In May the group asked the court to intervene and block clerks from issuing marriage licenses to gay couples in Massachusetts.

Liberty Counsel is involved in a number of challenges in other states to laws granting rights to same-sex couples.

After the Supreme Court decided in May not to become involved in the gay marriage issue some 3,000 same-sex couples have wed in Massachusetts.

Lambda Legal said it was not surprised by today's decision not to take up the case.

"This was a weak and misguided legal effort from right-wing antigay groups that never really stood much chance of being heard at the Supreme Court," David Buckel, Lambda Legal Marriage Project Director said.

Today's decision does not end the gay marriage issue for the high court.

Legal challenges to bans on same-sex marriage are underway in a number of states and it is considered likely that the Supreme Court will ultimately wrap the case together.

A weekend poll shows that most Americans still disapprove of same-sex marriage. The Associated Press survey found that by a margin of 61 percent to 35 percent, people thought marriage should be restricted to a man and a woman. However, young adults between 18 and 29 were about evenly split.

Recent polls have indicated people are about evenly divided on the question of civil unions, which would provide many of the same legal protections as gay marriage.

"It's a welcome action but not unexpected because the Goodrich [Massachusetts marriage] decision was based 100 percent on the Massachusetts state constitution not the US Constitution. Therefore it would have been inappropriate and a violation of federalism for the US Supreme court to have gotten involved," Matt Foreman, the executive director of the National Gay and Lesbian Task Force told 365Gay.com.

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