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New Legal Challenge To Mass. Gay Marriage
Thirteen Massachusetts lawmakers filed suit with the state's highest court Tuesday claiming it did not have the power to legalize same-sex marriage.
New Legal Challenge To Mass. Gay Marriage
by Margo Williams
365Gay.com Newscenter
Boston Bureau
Posted: April 27, 2004 2:14 p.m. ET
(Boston, Massachusetts) Thirteen Massachusetts lawmakers filed suit with the state's highest court Tuesday claiming it did not have the power to legalize same-sex marriage.
The legislators, both Republicans and Democrats, are represented by the conservative American Center for Law and Justice, which approached the group.
In papers filed with the court the suit says that the Supreme Judicial Court does not have jurisdiction over marriage.
"We have transferred divorce and alimony to the judiciary, however, there is no instance where we transferred marriage to the judiciary. Therefore, the suit says that the court had no legal standing to make any decision," said Rep. Robert Correia (D-Fall River) one of the legislators involved in the suit.
"This (lawsuit) supersedes the issue of gay marriage or not gay marriage," Correia said. "It’s the issue of whether the state Supreme Court should be a legislative body. Obviously, the answer under our Constitution is ‘no’."
The American Center for Law and Justice said that it expects to hear from the court within a week if it will hear the case and is hopeful that arguments and a ruling will be made prior to the May 17 scheduled start of same-sex marriages in the state.
The move is one of several being undertaken by conservatives to stop the weddings.
In a separate action another group of conservatives is attempting to have the judges who ruled in favor of same-sex marriage fired. (story)
An attempt by Gov. Mitt Romney to have Attorney General Thomas Reilly ask the court to postpone the start of the marriages has been rebuffed. The governor wanted the marriages stopped until 2006 while the legislature considers a proposed amendment to the state constitution to ban gay marriage.
Romney followed that with a direction to town clerks not to issue marriage licenses to couples from outside Massachusetts. (story) Under a 1913 law it is against the law to issue marriage licenses to couples whose marriages would be illegal in their home states. Romney said he is interpreting that in the most conservative way.
©365Gay.com® 2004
by Margo Williams
365Gay.com Newscenter
Boston Bureau
Posted: April 27, 2004 2:14 p.m. ET
(Boston, Massachusetts) Thirteen Massachusetts lawmakers filed suit with the state's highest court Tuesday claiming it did not have the power to legalize same-sex marriage.
The legislators, both Republicans and Democrats, are represented by the conservative American Center for Law and Justice, which approached the group.
In papers filed with the court the suit says that the Supreme Judicial Court does not have jurisdiction over marriage.
"We have transferred divorce and alimony to the judiciary, however, there is no instance where we transferred marriage to the judiciary. Therefore, the suit says that the court had no legal standing to make any decision," said Rep. Robert Correia (D-Fall River) one of the legislators involved in the suit.
"This (lawsuit) supersedes the issue of gay marriage or not gay marriage," Correia said. "It’s the issue of whether the state Supreme Court should be a legislative body. Obviously, the answer under our Constitution is ‘no’."
The American Center for Law and Justice said that it expects to hear from the court within a week if it will hear the case and is hopeful that arguments and a ruling will be made prior to the May 17 scheduled start of same-sex marriages in the state.
The move is one of several being undertaken by conservatives to stop the weddings.
In a separate action another group of conservatives is attempting to have the judges who ruled in favor of same-sex marriage fired. (story)
An attempt by Gov. Mitt Romney to have Attorney General Thomas Reilly ask the court to postpone the start of the marriages has been rebuffed. The governor wanted the marriages stopped until 2006 while the legislature considers a proposed amendment to the state constitution to ban gay marriage.
Romney followed that with a direction to town clerks not to issue marriage licenses to couples from outside Massachusetts. (story) Under a 1913 law it is against the law to issue marriage licenses to couples whose marriages would be illegal in their home states. Romney said he is interpreting that in the most conservative way.
©365Gay.com® 2004
For more information:
http://www.365gay.com/newscon04/04/042704m...
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